70T02023Q5900N003_RFQ ALB Concrete Pad Construction.pdf

TRANSPORTATION SECURITY ADMINISTRATION

Explosive Storage Magazine Concrete Pad Construction at

Albany International Airport (ALB)

Table of Contents

SECTION I – SCHEDULES OF SUPPLIES/SERVICES

SECTION II – STATEMENT OF WORK

SECTION III – TSA CONTRACT ADMINISTRATION DATA

SECTION IV – FAR CLAUSES AND PROVISIONS

SECTION V – EVALUATION FACTORS FOR AWARD

70T02023Q5900N003

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SECTION I - SCHEDULES OF SUPPLIES/SERVICES

1.1 General

The Transportation Security Administration (TSA), Security Operations (SO), National Explosives Detection Canine Team Program (NEDCTP) has a requirement for the construction of a 10-foot by 10-foot concrete pad with a smooth finished surface at an Explosive Storage Magazine site located in the Albany International Airport (ALB).

The vendor will perform site preparation and complete installation of a concrete pad at a ALB explosives storage magazine site in accordance with Section II, Statement of Work. This will be a Firm-Fixed Price (FFP) Purchase Order.

1.2 Contract Line Item Numbers (CLINs)

Service Contract Act (SCA) Dept. of Labor (DOL) wage determinations that dictates minimum wages for the respective tasking’s for this order are:

• Attachment 3_Albany NY_SCA Wage Determination WD 2015-4143 (Rev.25)

Attachment 3 - Albany NY_SCA WD #

SECTION II – STATEMENT OF WORK

2.1 Requiring Organization

TSA SO NEDCTP

2.2 Product, Service, or Outcome Needed

The vendor shall be able to perform site preparation and complete installation of a 10-foot by 10-foot concrete pad with a smooth finished surface at an Explosive Storage Magazine site located at ALB in Albany, NY.

2.3 Technical Requirements/Outcomes

2.3.1 Concrete Pad Explosives Storage Magazine Specifications:

• Concrete dimensions – 10' L x 10' W x 6” H

Item No Supplies/Services Quantity of Gloves Unit Unit Price Amount

Concrete Pad Construction to (1) Explosive Magazine Pad site at ALB in accordance with Section II, Statement of Work

1 JOB $ $

** The TSA is exempt from sales tax. TSA’s FEIN# 80-0038533 Total $

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2.3.2 The contractor must complete the following:

• Task 1: The contractor shall perform site preparation, dirt removal (if necessary), construction debris removal, and prepare site for a flush mounted with current surface of a 10-foot by 10-foot concrete pad. The concrete pad shall meet Article 5, Concrete, Title 27- 603, General Requirements and other local building codes that must be adhered to for the City of Albany.

• Task 2: After site preparation, contractor shall install a minimum of four (4) inches of gravel for drainage. Contractor shall ensure the four (4) inches of gravel will be compacted for preparation for the concrete.

• Task 3: Installation of 6” x 6” welded steel 10/10 wire one (1) inch above the gravel surface and one (1) inch below the top of the finished concrete (See below for concrete specifications). The contractor shall ensure the pad is reinforced with 10/10 welded steel wire fabric or fiber reinforcement fabric.

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• Task 4: The contractor shall ensure the concrete is six (6) inches thick, at 3,500 pounds per square inch (PSI), and flush mounted with the current surface to fill the 10-foot by 10-foot pad area.

• Task 5: The contractor shall finish the 10-foot by 10-foot concrete with a smooth finished surface.

• Task 6: The contractor shall install a .75 inch by ten (10) foot in length, grounding rod.

This grounding rod will be provided by the contractor.

2.4 Place of Performance

Exact location will be determined before the start of the project.

Albany International Airport 737 Albany Shaker Rd Albany, NY 12211-1001

2.4.1 Special Delivery Instructions / POCs:

The vendor shall notify Logan Janowski at (347) 410-3333 or Logan.Janowski@tsa.dhs.gov no later than 24 hours prior to site arrival.

The contractor shall prepare and deliver weekly status reports summarizing milestone and activity status for each task listed in Section II.2.3.2. Contractor format is acceptable.

The contractor shall deliver this weekly status report by Close of Business (COB) each week to the TSA Technical Monitor, Contracting Officer, Contract Specialist and Contracting Officer’s Technical Representative (COR). The minimum content requirements for the reports should contain the following:

a. Brief current task description;

b. Narrative review of work accomplished during reporting period and/or significant events;

c. Identification of problems encountered (including issues that may impact work performance) and recommended solutions; and scheduled milestones and activities for the next reporting period.

2.4.2 Days and hours for work or delivery:

Acceptable on-site hours are Monday, Tuesday, Wednesday, Thursday and Friday from 08:00 am to 05:00 pm, Pacific Standard Time (some flexibility may be granted).

In addition to the above, access to the place of performance may be impacted by Federal and local holidays.

mailto:%20Logan.Janowski@tsa.dhs.gov

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The Government observes the following holidays:

• New Year’s Day

• Martin Luther King, Jr. Birthday

• Washington’s Birthday (President’s Day)

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

In addition to the days designated as holidays, the Government also observes the following days:

• Any other day designated by Federal Statute; and

• Any other day designated by Executive Order; and

• Any other day designated by Government Proclamation, such as extreme weather conditions.

2.5 Period of Performance

The contract period of performance shall be completed not later than 30 days from date of contract award unless otherwise agreed upon by the Contracting Officer and the vendor.

2.6 General Contact Information

TSA Technical Monitor:

Logan Janowski, Assistant Federal Security Director for Law Enforcement (AFSD-LE) Transportation Security Administration 737 Albany Shaker Rd Albany, NY 12211-1001

(O) 347-410-3333 | Logan.Janowski@tsa.dhs.gov

TSA Contracting Officer:

Contracting and Procurement, Melany Pollock Transportation Security Administration TSA Mail Stop 6025 6595 Springfield Center Drive Springfield, VA 20598-6025

(O) 571-227-3860 | Melany.Pollock@tsa.dhs.gov mailto:%20Logan.Janowski@tsa.dhs.gov mailto:Melany.Pollock@tsa.dhs.gov

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TSA Contracting Specialist:

Contracting and Procurement, Janet Cariaga Transportation Security Administration TSA Mail Stop 6025 6595 Springfield Center Drive Springfield, VA 20598-6025

(O) 571-227-1878 | Janet.Cariaga@tsa.dhs.gov

2.7 SOW Attachments

SOW Attachment A - Article 5_Concrete_Title

SECTION III – TSA CONTRACT ADMINISTRATION DATA

TSA-INSTR: CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECHNICAL

MONITORS (AUG 2022)

The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA Monitor:

NAME: Logan Janowski

PHONE NUMBER: 347-410-3333

EMAIL: Logan.Janowski@tsa.dhs.gov

The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.

mailto:Janet.Cariaga@tsa.dhs.gov mailto:Logan.Janowski@tsa.dhs.gov

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• The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

• The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

• The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR.

No such changes shall be made without the expressed prior authorization of the Contracting Officer.

• The COR is not authorized to direct the Contractor on how to perform the work.

• The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.

• The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

The responsibilities and limitations of the TM are as follows:

• Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

• Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding.

• Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration.

• Informing the COR if the Contractor is not meeting performance, cost, schedule milestones.

• Performing technical reviews of the Contractor’s proposals as directed by the COR.

• Reporting any threats to the health and safety of persons or potential for damage to

Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

(End of Term)

TSA-INSTR: SUBMISSION OF INVOICES (MAY 2022)

Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will

-8 -be paid by, the U.S. Coast Guard Finance Center (FinCen).

Invoice Submission Method: Invoices may be submitted via U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed under Payment Status below.

1. Address to mail invoices: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

2. Email Address: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.

Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty-day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

1. Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

mailto:FIN-SMB-TSAInvoices@uscg.mil http://www.fincen.uscg.mil/

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2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/pa yment.htm

Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and SAM-issued Unique Entity Identifier (UEI) are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen.

Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

Additional Invoice Preparation Instructions for Software Development and/or Hardware .

The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

(h) Frequency of Invoice Submission. Upon completion and acceptance of job.

Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §§ 1552 and 1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made. After the respective timeframe, the expired account closes and the funds are not available for any purpose.

TSA-INSTR: AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (MAY

2021) https://www.fincen.uscg.mil/secure/pa%20yment.htm

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In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the Offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Contracting and Procurement, 6595 Springfield Center Drive, Springfield, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate

“APPEAL OF AGENCY PROTEST”.

(End of provision)

TSA-RQMTS; REQUIREMENTS FOR CONTRACTOR EMPLOYEES PERFORMING AT

OR IN AIRPORT LOCATIONS (SEP 2020)

Contractor employees are required to meet:

A. all airport security screening requirements which include criminal history, background and fingerprint check. Contractor employees working in this facility will be required to obtain, possess and display a Secure Identification Display Area (SIDA) badge in accordance with the airport’s physical and personnel security requirements. The Contractor is responsible for any fees associated with obtaining and/or replacing SIDA badges. For further information regarding Security Requirements, please contact [Insert name and contact information (phone # and email address) for Specific AIRPORT Point of Contact POC]

If the contract requires contractor performance involving work at airports or locations under the control of airport authorities, include the following paragraph:

B. The contractor shall obtain all necessary permits and approvals from regulatory authorities at the airport location(s) to allow for the timely completion of the work required under the contract. For further information regarding Permitting Requirements, please contact [Enter the name of the airport “permitting” office POC to include phone # and email address at the airport]

If the Airport requires contractor insurance, include the following paragraph:

C. The Contractor must have approved insurance on file with [Enter the AIRPORT(s) name(s)]}. The Contractor is required to procure at its own expense, and keep in effect at all times during the term of the contract, the types and amounts of insurance specified. Typically, companies whose work is performed within buildings and terminals are required to have a minimum of (Enter the amount of insurance) of liability insurance. Companies who require tools and/or equipment, and airfield access must have a minimum of (Enter the amount of insurance) of liability insurance. Air Carrier Operating Permits and Leases may have additional insurance coverage requirements.

mailto:TSAProcurementPolicy@tsa.dhs.gov

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SECTION IV – FAR CLAUSES AND PROVISIONS

Clauses and provisions from the Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) are incorporated in this document and resultant Task Orders by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

CLAUSES and PROVISIONS INCORPORATED BY REFERENCE

The full text of all FAR and HSAR clauses and provisions may be accessed electronically at this address: http://farsite.hill.af.mil/ .

Number Title Date 52.204-7 System for Award Management. Oct 2018 Clause 52.204-13 System for Award Management Maintenance. Oct 2018 Clause 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 Provision

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 Clause

52.212-3 Offeror Representations and Certifications. Dec 2022 Provision

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. Mar 2023 Provision

52.212-4 Contract Terms and Conditions-- Commercial Products and Commercial Services. Dec 2022 Clause

52.247-34 F.O.B. Destination. Nov 1991 Clause 52.222-6 Construction Wage Rate Requirements. Aug 2018 Clause 52.222-7 Withholding of Funds. May 2014 Clause 52.222-8 Payrolls and Basic Records. July 2021 Clause 52.222-9 Apprentices and Trainees. July 2005 Clause 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 Clause 52.222-11 Subcontracts (Labor Standards). May 2014 Clause

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 Clause

52.222-14 Disputes Concerning Labor Standards. Feb 1988 Clause 52.222-15 Certification of Eligibility. May 2014 Clause

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further http://farsite.hill.af.mil/

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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Oct 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 u.s.c. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

_ (10) [Reserved].

_ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-6.

_ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-7. and (3)).

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and _ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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_ (ii) Alternate I (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ (iv) Alternate III Jun 2020) of 52.219-9.

_ (v) Alternate IV (Sep 2021) of 52.219-9.

_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (ii) Alternate I (Mar 2020) of 52.219-13.

_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

_X_ (22)(i) 52.219-28, Post Award Small Business Program Representation (Oct 2022) (15 U.S.C.

632(a)(2)).

_ (ii) Alternate I (Mar 2020) of 52.219-28.

_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(l 7)).

_X_ (27) 52.222-3, Convict Labor Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

_ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2020) (38 U.S.C. 4212).

_ (ii) Alternate I Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Oct 2020) (29 U.S.C. 793).

_ (ii) Alternate I Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

_ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons Jun 2016) (E.O. 13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners Jun 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment un 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Oct 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I Oun2014) of 52.223-14.

_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

_ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

_ (ii) Alternate I Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Oct 2020) (E.O. 13513).

_ (45) 52.223-20, Aerosols Jun 2016) (E.O. 13693).

_ (46) 52.223-21, Foams Qun2016) (E.O. 13693).

_ (47) (i) 52.224-3 Privacy Training Jan 2017) (5 U.S.C. 552 a).

_ (ii) Alternate I Jan 2017) of 52.224-3.

_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

_ (ii) Alternate I (Oct 2022) of 52.225-1.

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

_ (ii) Alternate I [Reserved].

_ (iii) Alternate II (Dec 2022) of 52.225-3.

_ (iv) Alternate III Jan 2021) of 52.225-3.

_ (v) Alternate IV (Oct 2022) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

_ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

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_ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management Jul 2013) (31 U.S.C. 3332).

_ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (62) 52.242-5, Payments to Small Business Subcontractors Jan 2017) (15 U.S.C. 637(d)(13)).

_ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) of 52.247-64.

_ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 Jan 2022).

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 Jan 2022) (E.O. 13706).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is

-16 -completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(l), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities Jun 2020) (29

U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 Jan 2022) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training Jan 2017) (5 U.S.C. 552a).

(B) Alternate I Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Oct 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64. Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION V – EVALUATION FACTORS FOR AWARD

Factor 1, Technical:

As part of its quote, the Quoter MUST complete the Attachment (1) Technical Compliance and Pricing Table and identify that the items quoted meet all the technical requirements as provided in the table and discussed under the Technical Requirements of the Section 2 Statement of Work.

Included in Attachment (1) is a compliance check for Offeror Representations and Certifications (FAR Provision 52.212-3) that the Quoter is required to complete. The Quoter shall indicate in the table that it submitted a completed Attachment (2) Reps and Certs Document OR that the Quoter is in compliance with paragraph (b)(2) of the provision which states that the offers’ representations and certifications posted electronically at FAR 52.212-3 are current, accurate, complete, and applicable to this solicitation (including the business size standards applicable to the NAICS code referenced in the solicitation).

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EVALUATION

Factor 1 - Technical

Acceptable/Unacceptable Rating Rating Description Acceptable Completes the Attachment (1) Technical Compliance and Pricing Table to indicate compliance with all the Statement of Work technical requirements;

includes sufficient supporting documentation to show compliance with the Section 2 Statement of Work technical requirements; and submits a completed Attachment (2) Reps and Certs document or indicates compliance with the Reps and Certs statement provided in the table of Attachment (1)

Unacceptable Does not complete the Attachment (1) Technical Compliance and Pricing Table to indicate compliance with all the Statement of Work technical requirements; and/or does not include sufficient supporting documentation to show compliance with the Section 2 Statement of Work technical requirements; and/or does not submits a completed Attachment (2) Reps and Certs document or does not indicate compliance with the Reps and Certs statement provided in the table of Attachment (1)

Basis of Award

A Purchase Order will be awarded to the Offeror whose quote: 1) Indicates compliance (in Attachment 1: Technical Compliance and Pricing Table) with all the SOW technical requirements, includes sufficient supporting documentation; 2) includes a completed Attachment (2) Reps and Certs document (or statement of compliance as indicated above); and 3) Quotes the lowest total price.