5 Jan Draft Sol W900KK-23-R-0009 BCTE.pdf

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94 - 116 H 117 - 128 keith.l.adams3.civ@army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

1 128

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W900KK 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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 (NO COLLECT CALLS)

KEITH ADAMS (407) 208-3218

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 5 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 17 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

18 - 20

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 22 - 24 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

25 - 68

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: CHARLIE DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

69 - 72

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

05 Jan 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W900KK23R0009

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY FOR BCTE

Section A - Solicitation/Contract Form

The U.S. Army Program Executive Office for Simulation, Training, and Instrumentation (PEO STRI), Project Manager, Synthetic Environment (PM SE), Product Manager, Constructive Simulation Support (PdM CSS) has a requirement to equip training locations with the training enablers needed to conduct individual and collective Mission Command (MC) trainings. The Mission Training Complex (MTC) for Joint Land Component Constructive Training Capability (JLCCTC) site serves as the installation’s focal point for integrated Home Station Training by integrating multiple training assets -facilities, technical and support personnel, live digital ranges, virtual simulators and simulations and constructive simulation in support of mission command training (individual, leader, crew/section, battle staff, collective) for operational units. The Battle Command Training Equipment (BCTE) program provides training enablers to locations supporting the Active Component (AC), Army National Guard (ARNG) and U.S. Army Reserve (USAR) at Continental United States (CONUS) and Outside the Contiguous United States (OCONUS) installations. In addition to providing the initial fielding. PEO STRI also has the requirement to provide life cycle replacement of Commercial off-the-shelf (COTS) Information Technology (IT) hardware, software and software licenses required to meet the Cybersecurity and RMF policies for Department of Defense (DoD) IT systems to maintain cybersecurity and replacement of defective Furniture, Fixture and Equipment (FFE) during the performance of this contract. BCTE enables training effectiveness by providing the locations with an improved ability to link constructive simulations with MC training, connecting the training environment to the operational environments.

All draft comments and questions shall be submitted via email using the Question/Comment form embedded in Section L Attachments of the solicitation, Attachment L1. Comments and questions shall ONLY be provided to Contract Specialist Keith Adams at Keith.l.adams3.civ@army.mil ; Contract Specialist Cara Borowski at Cara.l.borowski2.civ@army.mil AND to Contracting Officer Marvin J. Hagan at Marvin.j.hagan.civ@army.mil no later than by 12:00 PM EDT on 25 January 2023 with the full solicitation number, W900KK-23-R-0009, within the subject line. Comments and questions submitted prior to this time will be accepted and are highly encouraged.

Questions and Comments via phone will NOT be accepted.

A.1. This Executive Summary is provided as an administrative convenience and is not intended to alter the terms and conditions of this solicitation in any way. Any inconsistencies between the Executive Summary and other provisions of the solicitation shall be resolved in favor of the solicitation.

A.1.1. This solicitation will result in a Indefinite Delivery/Indefinite Quantity (ID/IQ) contract with Firm Fixed Price (FFP), Cost, and Cost Plus Fixed Fee (CPFF) Contract Line Item Numbers (CLINS). The Period of Performance (PoP) of the ID/IQ is 84 months from the date of contract award. The PoP for each Task Order (TO) will be determined at the TO level.

A.1.2. The BCTE ID/IQ contract minimum guarantee is $400,000 and the Government intends to satisfy the minimum quantity for the contract of $400,000 with the award of Task Order 0001. The ID/IQ contract ceiling value is $250 million. The Basic ID/IQ and Task Order 0001 will be awarded concurrently. Additional requirements and/or task orders may be issued during the Base IDIQ Ordering Period at the discretion of the Government. Offeror SHALL propose in accordance with the CLIN structure.

*** END OF NARRATIVE ***

SOLICITATION CLOSING

A.2. SOLICITATION CLOSING

In accordance with submission instructions outlined in Section L.2, Proposal Submission Requirements, proposals for solicitation W900KK-23-R-0009 shall be received by the designated Government official no later than by XX EDT on XX.

SOLICITATION OMBUDSMAN

A.3. SOLICITATION OMBUDSMAN

A.3.1. The Army Contracting Command-Orlando (ACC-Orlando) has established the office of Solicitation or Task/Delivery Order Ombudsman, to assist industry in removing unnecessary and burdensome requirements from solicitations and task/delivery orders. If you feel that this contract or any task/delivery order issued under this contract contains improper elements or can be further streamlined to promote more efficient use of taxpayer dollars, you should first identify these issues to the Procuring Contracting Officer (PCO) via the Question/Comment form located as Attachment L1 in Section L, no later than the specified date for BCTE solicitation questions/comments. If the PCO is unable to resolve your concerns satisfactorily, or cannot do so in a timely manner, you are encouraged to call the ACC-Orlando Ombudsman at (407) 384-5432. The PCO/Ombudsman should be advised of any deficiency at least five (5) days prior to solicitation closing date.

A.3.2. You may also write to the following:

U.S. Army Contracting Command-Orlando Solicitation/Task/Delivery Order Ombudsman ATTN: ACC-ORL (Ms. Lesley Sullivan)

12211 Science Drive Orlando, FL 32826-3224

Section B - Supplies or Services and Prices

SUPPLIES OR SERVICES AND COST/

B.1. SUPPLIES OR SERVICES AND COST/PRICE

B.1.1. The Government solicits an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract in accordance with (IAW) FAR Clause 52.216-22, "Indefinite Quantity". The Government is obligated to order only the stated minimum quantity; however, the Government reserves the right to order up to the total maximum quantity. The Government intends to satisfy the minimum quantity for the contract of $400,000 with the award of Task Order 0001; the maximum quantity available under this contract is $250 million. However, this does not preclude the Government from exercising its rights under FAR 52.216-19, "Order Limitations", by ordering the maximum quantity specified in FAR 52.216- 19(b)(1), at any time during the indefinite quantity period. The period of performance (PoP) of the ID/IQ is 84 months from the date of contract award. This ID/IQ contract will include a seven-year ordering period consisting of a three-year base period with two (2) two-year options (i.e. 3 years + 2 years + 2 years). The PoP for each Task Order (TO) will be determined at the TO level. Available funds will be obligated upon the issuance of each TO.

B.1.2. As a result of this solicitation, the Government intends to simultaneously award the ID/IQ contract, and TO 0001 to the Offeror whose offer conforms to the solicitation and is deemed the best value to the Government. Information for TO 0001 is included in this solicitation. The period of performance for TO 0001 is 12 months from date of award. TO 0001 will include: Program Management, Help Desk Support, Site Surveys, Installation Services Labor, ESS Support, Materials, Equipment, and ODCs, Software Licenses, Travel. CMRA. CDRLs, Phase In and Customer Support. Additional Task Orders will be awarded for each option. The projected award date for the Base ID/IQ and TO 0001 is first quarter of fiscal year 2024 (1ST QTR FY 24). In accordance with the applicable PWS, the cost/price information for Base ID/IQ and TO 0001 must be included in the appropriate TAB and designated CLINs located in Attachment L5 – Cost/Price Workbook. The Offeror will complete Attachment L5.

B.1.3. The Offerors will complete “Section B – Supplies or Services and Prices” above with complete pricing amounts. Additionally, Offerors will complete the “Attachment L8- Section B Spreadsheet (With Options)” Workbook with complete and detailed pricing amounts. The following table provides the total minimum and maximum contract value (cumulative of all Task Orders) for the basic ID/IQ contract.

Attachment L8-Section B Spreadsheet

Attachment L8-Section B Spreadsheet wOptions.xlsx

B.1.4. The following table provides the total minimum and maximum contract value ( cumulative of all TOs) for the base ID/IQ contract.

Contract Period Minimum Value Maximum Value Base ID/IQ including all Option periods

$ 400,000 $250 million

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Ceiling Value $250M

FFP

FOB: Destination

NET AMT

6 Month Extension

Reserved

Reserved

Reserved

Reserved

Reserved

Reserved

Contractor Acquired Property

RATE TABLE

The rates below were proposed by TBD and are the Not-to-Exceed rates (excluding Fee) to be applied to all CLINs and Task Orders. The fee rate will be for all Task Orders and contract years. The Offeror shall provide any additional rates as appropriate. The awardee’s proposed labor rates will be incorporated into this section as well. All direct rates submitted in Section L, Attachment L5 will be incorporated for use as ceiling rates throughout the life of the contract.

NOTE: If the awardee/contractor request to update/revise the proposed Indirect Rates at any point during the life of the contract (including restructuring, mergers/acquisitions, downsizing, etc.), the Government will utilize the most recent Forward Pricing Rate Agreement (FPRA) from Defense Contract Management Agency (DCMA) (or any other rate agreement between the Government and the Contractor, for example Final Rates or Quick Closeout (QCO) Rates). If no FPRA, Final Rates, or QCO Rates are available, the Forward Pricing Rate Recommendation (FPRR) will be utilized. If an updated FPRR or FPRA comes out, or QCO or Final rates, any of which that changes any rate by at least +/- 3% the contractor has the right to adjust (current and future) billings to reflect this change and a contract modification will be issued to incorporate the rates into the IDIQ contract.

Indirect & Fee Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 G&A

(EXAMPLE)

Overhead

Fee

Indirect & Fee Yr. 6 Yr. 7

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C.1. STATUS OF FORCES AGREEMENT

SOFA Contract Clause

INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

UNDER U.S. - REPUBLIC OF KOREA (ROK)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.- ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended “Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15289, APO AP 96205-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination. (Continued) Table B-1 (Cont) SOFA Contract Clause ______

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(Continued)

Table B-1 (Cont) SOFA Contract Clause ______

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur.

Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(Continued)

Table B-1 (Cont) SOFA Contract Clause ______

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery

(Continued)

Table B-1 (Cont) SOFA Contract Clause ______ Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

C.2. ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST

(SERVICES)

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational and Consultant Conflicts of Interest (OCI) as defined in FAR Subpart 9.5 and DFARS 209.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

Please be advised that the Government may not make an award that would result in a prohibited OCI.

C.3. ORDERING PROCEDURES

C.3.1. The Contracting Officer may initiate a Task Order by written notice to the contractor at any time from contract award through end of ordering period. The Government may increase the supplies called for herein by issuing bilateral modifications at the estimated cost, as set forth in the schedule of the resulting Delivery Orders, provided that the total does not exceed the maximum stated in contract.

C.3.2. All quantities, except the minimum quantity, are estimates. The Government is not obligated to order estimated quantities or any other quantity beyond the contract minimum quantity. The Government may transfer quantities or realign dollars between CLINs, as required, by issuance of a bi-lateral modification. Any quantities/dollars not used on a delivery order will be returned to the Basic ID/IQ estimated requirement via Delivery Order modification.

C.4. CONTRACTOR ACCESS TO GOVERNMENT FACILITIES

C.4.1. Contractor personnel will not be allowed access into Government facilities during Federal Government Holidays, weekends, non-duty hours (normally 1730-0630) or other times when Government employees are not in attendance (e.g. inclement weather resulting in the closing of the Government facilities and other emergencies) unless such access is directed or approved by the Contracting Officer or a duly appointed Contracting Officer's Representative.

C.4.2. The following holidays are recognized by the Federal Government:

New Year's Day, January 1 Martin Luther King, Jr.'s Birthday, third Monday in January Washington's Birthday, third Monday in February Memorial Day, last Monday in May Juneteenth, June 19 Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 and any other day designated as a holiday by Federal Statute or Executive Order.

*** END OF NARRATIVE ***

C.5. REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS

Travel costs will be considered reasonable and allowable only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of the travel. The Joint Travel Regulations (JTR), while not wholly applicable to Contractors, shall provide the basis for the determination as to what is reasonable and allowable, and will be reimbursed on a cost (no fee) basis. Maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours.

Note: The Contractor shall be required to travel to Continental United States (CONUS) and Outside Continental United States (OCONUS) government-designated sites as appropriate for the fielding events, integration events and to meet the requirements specified in this PWS.

Not To Exceed (NTE) amounts for Travel are included in Attachment L5 BCTE Cost- Pricing Workbook.

C.6 GOVERNMENT FURNISHED INFORMATION

(a) Definitions. As used in this clause— “Government-furnished information” means information (1) in the possession of, or directly acquired by, the Government whereby the Government has title to or license rights in the information, and (2) subsequently furnished to the Contractor for performance of a contract.

“Information” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data including computer databases, computer software, and computer software documentation, and information such as financial, administrative, cost or pricing, or management information.

(b) Technical data (e.g. source code, terrain database data, compiled software) and associated documents will be supplied to the contractor and Government on a regular basis throughout the life of the contract.

(c) Software and intellectual property are forms of GFI that are not considered Government Property or Government Furnished Equipment as described in FAR 52.245-1. To the extent GFI has been described as Government Furnished Equipment or Property in other communications related to this procurement, any such Government Furnished Equipment references were in error and do not govern the parties to this contract.

(d) All technical data and computer software (as defined in DFARS 252.227-7013 and DFARS 252.227-7014) furnished by the Government is in an "as is" condition without any warranty as to its accuracy, completeness, or adequacy. The contractor shall use this technical data and computer software at its own risk. The Government assumes no responsibility for such furnished data/documentation/computer software nor will the Government have any liability for equitable adjustments to the terms and conditions of this contract should such data, documentation, or computer software prove to be inaccurate, incomplete, or otherwise defective.

(e) The Government shall retain title to or license rights in all GFI. Title to or license rights in GFI shall not be affected by its incorporation into or attachment to any information not owned by or licensed to the Government.

C.7. IMPORTANT NOTICE - INSTRUCTIONS BY CONTRACTING OFFICER

C.7.1. The Contractor shall only accept instructions issued by the Contracting Officer or the Contracting Officer's Representative (COR) if one is appointed. The COR’s authority is limited to what is set forth in the appointment letter. If a COR is appointed, the appointment will be done by letter to the COR with the scope of the COR's authority set forth in the appointment letter. A copy of the appointment letter will be furnished to the Contractor. Such instructions will be contained in a Contracting Officer authorized and issued modification to the Contract or Delivery Order.

C.7.2. No information received from any other person employed by the U.S.

Government or otherwise will be considered as grounds for deviation from any stipulation of this purchase instrument, reference drawings, or specifications, unless such information is contained in a Contracting Officer authorized and issued modification to the purchase instrument in accordance with FAR Clause 52.243-1.

Section E - Inspection and Acceptance

TECHNICAL DATA

TECHNICAL DATA AND INFORMATION

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit TBD attached hereto, and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, which are listed in Block 6 of the DD Form 1423.

(1) PCO, Code TBD.

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Mailing Addresses: TBD

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

Inspection and acceptance of technical data and information will be performed by an authorized requiring activity representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be performed by the requiring activity representative and evidenced via execution of an electronic Receiving Report submitted by the contractor in the Wide Area Work Flow (WAWF) application within the Procurement Integrated Enterprise Environment (PIEE) e- Business suite.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

AVAILABILITY OF DATA

AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDs) All Data Item Descriptions (DIDs) are available online via the Acquisition Streamlining and Standardization Information System located at http://quicksearch.dla.mil.

AUTHORIZED CHANGES

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Marvin J. Hagan Branch Chief/Contracting Officer - CCOR-CDD-C U.S. Army Contracting Command - Orlando 12211 Science Dr.

Orlando, FL 32826-3224 Tel: (407) 208-3349, DSN: 970-3349 Fax: (407) 208-3410 Marvin.j.hagan.civ@army.mil

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

This IDIQ contract has a three-year base period with two (2) two-year options (i.e. 3 years + 2 years + 2 years). Multiple Task Orders are planned to be awarded across a seven year ordering period. The period of performance for each Task Order will be determined at the Task Order level.

In accordance with FAR Clause 52.216-22, Indefinite Quantity, the Government may require that deliveries be made under this contract up to 24 months beyond the ordering period.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-DEC-2023 TO

19-DEC-2030

N/A N/A

0002 POP 20-DEC-2023 TO

19-JUN-2031

0003 POP 20-DEC-2023 TO

19-DEC-2030

0004 POP 20-DEC-2023 TO

0005 POP 20-DEC-2023 TO

0006 POP 20-DEC-2023 TO

0007 POP 20-DEC-2023 TO

0008 POP 20-DEC-2023 TO

0009 POP 20-DEC-2023 TO

Section G - Contract Administration Data

PGI 204.7108

PGI 204.7108 Payment instructions.

(See DFARS 204.7108, DFARS/PGI view)

(a) Scope. This section applies to contracts and orders that are funded by multiple accounting classification citations and—

(1) Include deliverable line items or deliverable subline items (see FAR 4.1005-1) that are funded by multiple accounting classification citations;

(2) Contain cost-reimbursement or time-and-materials/labor-hour line items; or

(3) Authorize financing payments.

(b) For contracts and orders covered by this subpart—

(1) The contracting officer shall insert the table at (b)(2), or a link to the table at (b)(2) (https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions), in Section G of the contract, or equivalent, including contracts with incrementally funded line items. When some, but not all, of the fixed price line items in a contract are subject to contract financing payments, the contracting officer shall clearly identify to which line items the payment clause(s) included in Section I apply.

(2) The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Supply Service Construction Payment Office Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and- Materials and Labor- Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a under Fixed-Price Research and Development Contracts; 52.232-3, Payments under Personal Services Contracts; 52.232-4, Payments under Transportation Contracts and Transportation- Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance-Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications

(Deviation 2022-O0001)

OCT 2021

52.215-13 Alt I Subcontractor Certified Cost or Pricing Data--Modifications (JUN 2020) - Alternate I

AUG 2020

52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.216-7 Allowable Cost And Payment AUG 2018 52.216-8 Fixed Fee JUN 2011 52.216-10 Incentive Fee JUN 2011 52.216-11 Cost Contract--No Fee APR 1984 52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (SEP 2021)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer

Products - Alternate I

JUN 2014

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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

JUN 2020

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-19 Contractor Personnel in a Designated Operational Area or

Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.225-26 Contractors Performing Private Security Functions Outside the United States

OCT 2016

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.230-2 Cost Accounting Standards JUN 2020 52.230-3 Disclosure And Consistency Of Cost Accounting Practices JUN 2020 52.230-4 Disclosure and Consistency of Cost Accounting Practices --

Foreign Concerns

JUN 2020

52.230-5 Cost Accounting Standards -- Educational Institutions JUN 2020 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized…