70Z04023Q61816Y00.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

212403Y6172M73004 60

70Z04023Q61816Y00

Ron Almond, Contract Specialist 410-762-6739

Services shall be performed at U.S. Coast Guard Yard, 2610 Hawkins Point Road, Baltimore, MD 21226.

Refer to Block 9 - Ron Almond, Contract Specialist

(410) 762-6739 (office) ronald.almond@uscgc.mil

Invoice Payment Instructions to follow.

Contractor shall provide Scaffolding & Containment Services to maintain a constant environment to contain blast media, dust, paint, overspray as well as protection from weather on-board USCGC SEQUOIA (WLB 215).

Base POP: 7/17/23-10/15/23 Option 1: 10/16/23-11/15/23 Refer to the following Attachments Attachment I Services Schedule/Pricing Attachment II Statement of Work (SOW)

336611

1,250 employees

06/13/2023

07/07/2023

1:00 PM (EST)

U.S. Coast Guard Surface Forces Logistics Center

CPD C&P3/SSP

2401 Hawkins Point Road Baltimore, MD 21226-5000

70Z04023Q61816Y00

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

How do I file an agency protest?

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal Forum

Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest

Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, the protester may file a formal agency protest with the contracting officer or the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. If the protester fails to submit the required information, as outlined in Federal

Acquisition Regulation (FAR) 33.103, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e).

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security

United States Coast Guard (CG-91)

Ombudsman Program for Agency Protests

Email: OPAP@uscg.mil

For questions pertaining to the OPAP program, please contact the Ombudsman hotline at 202-372-3695.

mailto:OPAP@uscg.mil?subject=OPAP%20Program%20Questions

INSTRUCTIONS TO OFFEROR

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

This solicitation and incorporated provisions and clauses in effect through Federal Acquisition

Circular 2023-04, effective 02 June 2023. The NAICS code for this solicitation is 532490 with a small business size standard of $40M and the PSC is W054. Solicitation number, 70Z04023Q61816Y00 is released using Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for Certain

Commercial Items as a Request for Quote (RFQ).

The provision at FAR 52.212-1, Evaluation-Commercial Items is applicable. This solicitation is a Request for Quote that will result in the award of a firm fixed price contract and will be a total small business set-aside. A written notice of award or acceptance of an offer, e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, will result in a binding contract without further action by either party.

Any contractor’s requests for clarification must be received no later than June 28, 2023 at

1:00 PM (EST). Offeror’s may contact Ron Almond at ronald.almond @uscg.mil.

Offerors must e-mail their quotation to the Contract Specialist, Ron Almond at ronald.almond@uscg.mil, no later than 07 July 2023 at 1:00 PM EST. All submissions must include “70Z04023Q61816Y00” in the subject line of the email. Quotations received after the established due date will be considered unacceptable and will be eliminated from further consideration.

PLACE OF PERFORMANCE.

U.S. Coast Guard Yard

2401 Hawkins Point Road

Baltimore, MD 21226-5000

SCHEDULE OF SERVICES

The Contractor must provide the following items in accordance with the Statement of Work

(SOW), Attachment II

(a) The Government requires performance to be made according to the following schedule:

Line

Item

Required Performance Dates

0001 Erect Scaffolding & Enclosure (Days 1-15), Rental Period (Days 16-83)

July 17, 2023 – October 15, 2023

0002 Disassemble Scaffolding (Days 83-90)

1001 Optional 30-day Extension (Days 91-120) October 16, 2023 – November 15, Offers that propose performance that will not clearly fall within the applicable required performance period specified above, may be considered nonresponsive and rejected. If the offeror proposes no other performance schedule, the required performance schedule above will apply.

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder must conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services must be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor must not accept any instructions issued by any person employed by the U.S.

Government or otherwise other than the Contracting Officer or the Contracting Officer’s

Representative (COR) acting within the limits of their authority. A Contracting Officer’s

Representative (COR) will be designated in writing to the Contractor and will set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein.

EMPLOYEE CONDUCT

Contractor employees must comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at

Government facilities. The Contractor must ensure contractor employees present a professional appearance at all times and that their conduct must not reflect discredit on the United States, the

Department of Homeland Security or the U.S. Coast Guard.

INVOICING REQUIREMENTS

WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully executed purchase order, contract, delivery order or task order

(2) Provide the requirements, and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

INVOICE CONTENT: Each invoice must contain the following information:

(1) Invoice Date

(2) Invoice Number

(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order

Number

(4) Contractor’s Name

(5) Contractor’s Address

(6) Contractor’s DUNS

(7) Contracting Officer’s Name

(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)

(9) Period of Performance for Work Invoiced

(10) Contract Line-Item Number(s) (CLIN(s)) and Description (if applicable)

(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)

(12) For Travel: Components in accordance with FAR 31.205-46

(13) Invoice Total

(14) Discount Offerings

(15) Status as a Small Business (if applicable) for accelerated payment

(16) The last invoice submitted for this award must be clearly labeled with “FINAL

INVOICE.”

(17) NOTE: A request for payment is proper if it includes the items required by the clause at

FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.

https://www.sam.gov/

Proper invoices associated with this award shall be submitted through the Invoice Processing

Platform (IPP) at https://www.ipp.gov. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Actions to take:

If you are already enrolled in IPP:

If your company is already registered to use IPP, you will not be required to re-register and you do not need to contact IPP.

If you are NOT already enrolled in IPP:

The point of contact you provided in your SAM.gov registration will receive two emails from ipp.noreply@mail.eroc.twai.gov. Please note that emails from this email address may filter into your spam or junk folder:

1. The first email will have the IPP Logon ID and a link to the IPP application.

2. A second email, which will be sent within 24 hours of the first email, contains a temporary password.

Once your contact receives these emails, please ensure they log into IPP and complete the registration process.

Once registered to use IPP, your company may submit invoices electronically, receive e-mail notifications when requests are paid, view payment history, and access remittance downloads. The e-mail notification of payment is sent when a payment is distributed to your bank account and may include the following payment information: Date of payment, dollar amount, invoice number, paying agency, payee name, and ACH trace number.

Vendor training materials, including a first-time login tutorial, are available on the https://www.ipp.gov website. Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities, ranging from creating and submitting an invoice to setting up email notifications.

IPP Customer Support is available to assist users of the system and can answer your questions related to accessing IPP or completing the registration process.

• Toll-free number: 866-973-3131

• Email address: IPPCustomerSupport@fiscal.treasury.gov

• Hours of operation: Monday through Friday (excluding bank holidays) from 8:00 am –

6:00 pm ET https://www.ipp.gov/ mailto:ipp.noreply@mail.eroc.twai.gov https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: ____________________________________

TITLE: ____________________________________

ADDRESS: ____________________________________

PHONE: ____________________________________

EMAIL: ____________________________________

SUBMISSION INSTRUCTIONS:

(a) Each Offeror must furnish all the information required by the solicitation as follows:

a. Offerors must return one fully executed copy of this Request for Quote and all amendments. (ALL PAGES must be returned.) NO OTHER FORMATS

WILL BE ACCEPTED.

b. Price Schedule

i. Offeror(s) must submit a complete price schedule (Attachment I: Services

Schedule). All line items must be priced to be considered for award.

Quotes providing partial pricing will be considered non- responsive.

ii. The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable, and the pricing information must be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

c. The offeror will provide one (1) awarded completed project that is listed in

CPARS for the Government to review. Offerors that have less than one (1) recent, relevant past performance references are to submit a statement to that effect. Offerors without a record of relevant Past Performance, or for whom information or past performance is not available, will not be evaluated favorably or unfavorably as a result.

d. Offeror(s) must provide an Engineer-Certified Conceptual Drawing IAW SOW

(Attachment II: Statement of Work 2.1.2)

e. Offeror(s) must provide Small Business Self Certification

f. Offerors must include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications – Commercial Items (Mar 2020) with your offer.

The offeror must complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the

System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror must complete only paragraphs (c) through (r) of this provision.

g. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

h. The clause at 52.212-5, Contract Terms and Conditions Required To Implement

Statutes or Executive Orders-Commercial Items, applies to this acquisition.

i. The quotation must be submitted electronically in three (3) volumes, and must be clearly marked as to volume number, solicitation number, and the company name and/or logo with a point of contact, complete contact information including name, telephone number, and e-mail address. Volumes I and II must not contain any pricing information. The electronic quotation must be in Portable Document

Format (PDF).

j. Volume Description

Volume Description

I Technical Capability

II Past Performance

III Price

k. Offerors must e-mail their quotation to the Contract Specialist, Ron Almond at ronald.almond@uscg.mil, no later than 7 July 2023 at 1:00 PM EST. All submissions must include “70Z04023Q61816Y00” in the subject line of the email. Quotations received after the established due date will be considered unacceptable and will be eliminated from further consideration.

l. Data previously submitted, or presumed to be known, i.e., descriptions of other projects performed for the Government, will not be considered as part of the quotation unless physically incorporated into the quotation.

m. Clarity, completeness, and conciseness are essential. The overall quality of the quotation will be evaluated in the context of being representative of the Offeror’s capability. DO NOT make general statements about capabilities.

(b) All quotations submitted in response to this solicitation must discuss the following:

VOLUME I: TECHNICAL CAPABILITY

a. The technical volume must not exceed three (3) pages, printed on one (1) side with 12-point font. The page count does not include the required Engineer-Certified Conceptual

Drawing.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 http://www.acquisition.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060971 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

b. The technical capabilities submitted in response to this solicitation must demonstrate an understanding and the ability to meet all the requirements covered in the SOW. The offeror must demonstrate the ability to:

i. Mobilize, erect, and dissemble scaffolding IAW the SOW and within the required timeframe.

ii. Provide a structure that can sustain 60 mph winds.

iii. Provide building entry points IAW the SOW.

iv. Provide containment utilizing fireproof shrink wrap material.

v. Conform to the required Engineer-Certified Conceptual Drawing.

c. Quotations must be prepared in such a manner as to enable personnel with general training to make a thorough evaluation and arrive at a sound determination as to whether or not the proposed services will satisfy the requirements of the government. In order to provide all necessary information for a comprehensive evaluation, all quotations must be complete, self-sufficient, and respond directly to the requirements of the solicitation.

VOLUME II: PAST PERFORMANCE

a. The Government will review the Offeror’s Past Performance record in Contractor

Performance Assessment Reporting System (CPARS) for those projects that are similar in nature, size, and complexity as this requirement, performed or completed within the last three years. The offeror will provide one (1) awarded completed project that is listed in CPARS for the Government to review. Offeror’s must present this information for each contract in the following format:

i. Name of Offeror

ii. Program Title

iii. Contract Number

iv. Contract type

v. Contract dollar value

vi. Period of performance

vii. Place of performance

viii. Contracting activity

ix. Customer points of contact with telephone numbers and email addresses for the Contracting Officer and the Contracting Officer’s Representative

(COR) or Program Manager (PM).

x. Brief description of worked performed. Explain the nature of the work involved and the extent the work involved is similar to the requirements contained herein.

VOLUME III: PRICE

a. The Offeror’s price must represent the best price in response to the Request for Quotation

(RFQ). The offeror must provide pricing information for all CLINS.

BASIS OF AWARD

The Government will conduct a best value tradeoff process to determine award of this task order. Accordingly, award will be made to the responsible Offeror whose proposal provides the greatest overall value to the Government, price and other factors considered. Award will be made on a best value basis considering each offeror’s ability to meet or exceed the requirements at a reasonable price to the Government. In making this determination, the

Government may award to other than the lowest priced proposal or other than the highest technically rated proposal. The evaluation of proposals, submitted in response to this solicitation, must be made in accordance with the criteria outlined in this section. The

Government will evaluate the proposals against the following factors:

(a) Technical Capability

(b) Past Performance

(c) Price

The Government intends to evaluate offers and make an award without discussions with

Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from both a technical and price standpoint. The Government reserves the right to seek information clarifying any element of an offer prior to award without discussions.

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Technical capability and past performance are the most important non-cost factors. Technical capability is of greater importance than past performance. When combined, the non-cost factors are more important than the evaluated price.

A written notice of award or acceptance of an offer will be e-mailed to the successful Offeror within the time for acceptance specified in the offer and will result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

TECHNICAL EVALUATION

Each Offeror’s proposal will be evaluated to determine their ability to successfully perform the work identified in the Statement of Work. Offerors that demonstrate their ability to mobilize, erect, and dissemble scaffolding IAW the SOW and within the required timeframe, to provide a structure that can sustain 60 mph winds, to provide building entry point IAW the

SOW, to provide containment utilizing fireproof shrink wrap material, and to conform to the required Engineer-Certified Conceptual drawing will be rated more favorably.

PAST PERFORMANCE EVALUATION

Each Offeror will be evaluated to assess the extent of the offeror’s ability to successfully perform the contract based on the quality of recent, relevant past performance as it relates to the SOW requirements, their ability to perform and the quality of services previously provided. Relevant past performance is defined by similarity in nature, scope and technical complexity of the effort for one (1) contract completed by the Offeror, during the past three years or currently in process for the same type of services as are being solicited under this solicitation.

The Government will review quality, timeliness, business relations, and customer satisfaction as part of its assessment of performance risk. References other than those provided by the

Offeror, such as past performance databases, such as records available on the Contractor

Performance Assessment Report system (CPARS) and other relevant information such as

“close at hand” knowledge from past contracts may also be used in the evaluation of the offeror’s past performance.

Offerors that have less than one (1) recent, relevant past performance references, or for whom information or past performance is not available, will not be evaluated favorably or unfavorably as a result.

PRICE EVALUATION

The Price Evaluation will be completed separately from the technical and past performance evaluations. The quote will be evaluated using techniques per FAR 15.404-1 to determine if it is fair and reasonable. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.217-5 EVALUATION OF OPTIONS (Jul 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the

Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

SUPPLEMENTAL TERMS & CONDITIONS

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of clause)

NUMBER TITLE DATE

52.204-13 System for Award Management Maintenance Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 https://www.acquisition.gov/

52.204-21 Safeguarding of Covered Contractor Information Systems Nov 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.217-5 Evaluation of Options Jul 1990

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEE OF WHISTLEBLOWER RIGHTS (SEPT

2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for

Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

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

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

(End of clause)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (DEC 2020) (DEVIATION 20-05)

(a) Definitions. As used in this clause¬

"Covered article" means any hardware, software, or service that¬

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

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

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

"Covered entity" means¬

(1) Kaspersky Lab;

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(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal

Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from¬

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

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

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at

NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting

Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting

Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; brand; model number (Original

Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c) (l) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

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

(End of clause)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEVIATION 20-05, Rev 2) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and

Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, tradeMark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

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(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The…