B02. Sol_73351024Q0151.pdf
PDF 636 KB Posted
- Attached to
- PA System Federal contract opportunity
- Solicitation number
- 73351024Q0151
- Issued by
- Small Business Administration
About this file
This document is a Request for Proposal (RFP) for the procurement and installation of a public announcement/intercom system for two buildings of the Small Business Administration (SBA) Processing and Disbursement Center (PDC) and COVID EIDL Servicing Center (CESC) in Fort Worth, Texas.
The SBA is seeking to acquire a comprehensive office paging system, including speakers, wiring, amplifiers, control systems, software, microphones, and related equipment to provide public announcements throughout the K1 and K2 buildings. The system must enable paging and emergency messaging capabilities from designated locations within the facilities as well as remotely. Key requirements include providing floor layouts for approval, completing installation within 7 weeks, providing training, and delivering as-built drawings, manuals, and warranty information. The period of performance is 60 days. This is a 100% small business set-aside under NAICS code 238210. Quotes are due by 4:00PM ET on September 24, 2024 and will be evaluated on a lowest price technically acceptable basis.
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| File | Type | Posted |
|---|---|---|
| A01.b K2 Floor Map.pdf | ||
| A01.a K1 Floor Plan.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
208050
See Schedule
503631 CODE 16. ADMINISTERED BYCODE
X
X
X
238210
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR208050
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/24/2024 1600 ET
09/11/2024
Christopher Henry (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
73351024Q0151
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 4 4503631EQ06089OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20416
409 3RD STREET SW
DISASTER LOAN PROCESSING AND DISBUR
15. DELIVER TO
DENVER CO 80202
SUITE 301
721 19TH STREET
DENVER FINANCE CENTER
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$19
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
DENVER ACQUISITION OFFICE FOR SBA
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
DENVER ACQUISITION OFFICE FOR SBA
DENVER FINANCE CENTER
721 19TH STREET
SUITE 300
DENVER CO 80202
Procurement and installation of Public Announcement System for the SBA office of Processing and Disbursement Center (PDC) and COVID EIDL Servicing Center (CESC) located at:
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Salim Williams
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
14925 Kingsport Rd
Ft. Worth, TX 76155 (K1)
14951 Kingsport Rd
Fort Worth TX 76155 (K2)
A site visit will be held on 10:00AM ET on
September 18, 2024. Located at:
14925 Kingsport Rd
Ft. Worth, TX 76155 (K1)
14951 Kingsport Rd
Fort Worth TX 76155 (K2)
POC for the site visit will be:
Luis A. Velez
Deputy Administrative Officer
Processing and Disbursement Center
Office of Capital Access
U.S. Small Business Administration
817-661-0563, 817-868-2300
Cell. 817-583-5643
All questions shall be submitted no later than
16:00PM ET on September 20, 2024.
Quotes shall be submitted no later than 4:00PM ET on September 24, 2024.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
4 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
73351024Q0151
The contract type for this order will be Firm
Fixed Priced (FFP). For additional details, please see CLIN structure below.
Period of performance for this order is 60-days
ARO.
Delivery: 60 Days After Award
Period of Performance: 09/26/2024 to 11/29/2024
0001 Acquisition office public announcements system
IAW the attached SOW for 14925 & 14951 Kingsport
Rd.
Deliverables listed in SOW to be included under this CLIN:
- As-builts (Floor layout [must be approved by
SBA])
- Equipment
- Operating Manual, warranty information
Product/Service Code: 5830
Product/Service Description: INTERCOMMUNICATION
AND PUBLIC ADDRESS SYSTEMS, EXCEPT AIRBORNE
0002 Installation and customer training of an office public announcements system for 14925 & 14951
Kingsport Rd. buildings IAW the statement of work
Product/Service Code: 5830
Product/Service Description: INTERCOMMUNICATION
AND PUBLIC ADDRESS SYSTEMS, EXCEPT AIRBORNE
The contractor shall not react to requests for changes, nor shall it be paid for any work performed or expenses incurred that are not the subject of either a contracting officer’s notice to proceed or a formal written purchase order or modification to a purchase order. The COR may provide technical direction only. Changes to the requirement and obligation can only be authorized and made by the Contracting Officer.
Please enroll and submit all invoices through https://www.ipp.gov/ and notify the CO and COR.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
73351024Q0151
Make sure you invoice has the following information on it:
BPA/IDIQ: TBD
Call/Delivery/Task Order Number: TBD
Base Requisition Number: TBD
Please contact the Contracting Officer or the COR with any questions.
Contracting Officer:
US Small Business Administration (SBA)
Name: Salim Williams
Email: salim.williams@sba.gov
Contracting Specialist:
US Small Business Administration (SBA)
Name: Christopher Henry IV
Email: christopher.henryIV@sba.gov
NSN
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
PA System Procurement and Installation
SECTION A – STATEMENT OF WORK
Statement of Work for Public Announcement System (PA)
(Revised 7/23/2024)
Small Business Administration
Office of Capital Access-Disaster Assistance Processing and Disbursement Center
4/1/2024
1. Background
The Office of Capital Assistance (OCA), SBA, provides victims of disasters in the United States (including Puerto Rico and other US possessions) with access to low interest loans for the purpose of rebuilding their homes and/or businesses. The goal of the program is to allow the borrowers to resume their normal lives and/or operations as soon as possible in the aftermath of the disaster(s). All disaster loans are processed at the SBA’s Processing and Disbursement Center (PDC) in Fort Worth, Texas.
On the other hand, the COVID EIDL Servicing Center (CESC), is the office responsible for providing prompt and cost-effective loan servicing to over 4.5 million businesses borrowers that were affected during the COVID 19 pandemic. To secure the borrowers compliance with their payments and debt management. The CESC is also located in the same facilities in Fort Worth, TX.
In August 2023, the Processing and Distribution Center (PDC) transitioned the Avaya telephone system to Microsoft Teams Calls. Previously, the PDC also used the Avaya telephone intercom system for public announcements for the two buildings in the SBA campus located at 14925 and 14951 Kingsport Rd. Fort Worth, TX, but that option went away with the transition to Microsoft Teams. A public announcement/intercom system is needed in the event of emergencies, such as severe weather or an active shooter, to advise employees about taking shelter in case of an emergency. Currently, between the PDC and the COVID EIDL Servicing Center (CESC), there are over 700 employees that regularly work onsite, and their safety could be jeopardized without a public announcement system that will alert them and provide them with instructions during an emergency. Therefore, the SBA is pursuing the acquisition and installation of an office paging System for both buildings, that includes products, hardware, software, and devices.
Objectives
A public announcement/intercom system is needed, to make announcements through overhead speakers in the two buildings in the SBA campus located at 14925 Kingsport Rd. Fort Worth, TX, (K1 building) an 82,000 square feet single story building, with over 800 cubicles and private offices and at 14951 Kingsport Rd. Fort Worth, TX (K2 building) a 69,000 square feet single story building with over 700 cubicles and private offices. The SBA is pursuing the acquisition and installation of office paging System for both buildings, which must include products, hardware, software, devices, and installation.
Scope The following requirements are necessary for this request:
Provide and install all speakers, wiring, amplifiers, paging control systems, audio processors, software, microphones, and equipment necessary to make public announcements in K1 and K2, to be heard in all areas of the buildings, including breakrooms, restrooms, training rooms, conference rooms and private offices.
Provide and install three (3) paging stations in K1 and two (2) in K2.
The system must provide the ability to play prerecorded emergency messages.
The paging system needs to be configured to enable both buildings to initiate paging or emergency messages individually within their own structure, to communicate within each other and to initiate simultaneous joint paging.
The paging system should provide the ability to generate pages and emergency messages from designated computer laptops within the buildings and on the Center’s network, from laptops working remotely but connected to the network and from designated smartphones operating onsite or remotely.
Provide floor layouts for both buildings with the proposed location of devices and equipment, for approval of the SBA, prior to the start of the installation process. (Floor Plans for both K1 and K2 are included as part of this document)
Provide all the equipment needed for the installation of speakers in ceiling and other related equipment. The government will not furnish any equipment for installation.
Provide a training session after completion of the installation for all system users, on how to operate and troubleshoot system.
Upon completion of the project, provide SBA with product warranty information, operating.
manuals, and as-built drawings. These documents shall be delivered as digital copies and printed, “hard copies” of these documents.
Contract should include all labor, maintenance, parking, traveling fees and all parts.
To avoid business interruption, installation work must be performed in the hours between 6:00PM and 6:00AM, Monday through Friday and or during the weekends, provided the Center is not working on extended hours attending an emergency declaration.
Table 1: PA System Equipment
ITEM ARTICLES OR SERVICE QTY
1 Speakers, wiring, amplifiers, paging control systems, audio processors, software, microphones, and equipment necessary to make public announcements
TBD
2 Paging and Control stations 5
3 Training session TBD
Deliverables/Delivery Schedule The period of performance for this procurement will be 60-days, Options required (for recurring need): N/A
Table 1: Deliverables and Period of Perfomance
Item Description Required Delivery Date
1 Floor Layout approval for final as-built drawings. 2 weeks ARO
2 Equipment Delivery, warranty information and operating manuals
1 Month ARO
3 Installation 7 Weeks ARO 4 Provide Training
8 Weeks ARO
a) Inspection and Acceptance The government will review, for completeness, preliminary or draft deliverables submitted by the Contractor, and may return them to the Contractor for correction. Absence of comments by the government will not relieve the Contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of deliverables required herein shall be provided to the contractor in writing by the designated government official. The Contractor shall not construe any letter of acknowledgment of receipt as a waiver of review, or as an acknowledgment that a deliverable is in conformance with this work statement. Any approval given during preparation of a deliverable, or approval for shipment shall not guarantee the final acceptance of the completed deliverable.
Security
a. Physical Security
The Contractor shall establish and comply with appropriate administrative, technical, and physical safeguards to protect all Government data, property, facilities, and personnel.
b. Data All electronic data and documentation provided or made accessible by the Government, and all electronic data and documentation produced during performance of the services associated with this award are the property of, and are owned by, the Government.
The Contractor shall not disclose and must safeguard all data and personnel work products that are obtained or generated in the performance of this contract. The Contractor shall not access data or documentation that is not required in the performance of services awarded via this contract/task order, even if the data or documentation is available to contractor personnel. The Contractor shall immediately report any instance of non-compliance with this requirement to the Contracting Officer.
The government may authorize contractor access to controlled, sensitive, classified, or other government information for use in performance of this contract. The term “government information” includes information furnished by the government and information acquired or developed by the contractor in performance of the contract. The contractor shall provide immediate written notification the Contracting Officer if a breach of any of the requirements in this section occurs.
The contractor shall not publish or otherwise divulge government information, in whole or in part, in any manner or form, or authorize or permit others to do so, taking such measures as are necessary to restrict access to such information to only those employees needing the information to perform work required by the contract, i.e., on a “need to know” basis. The contractor is cautioned that its employees and subcontractors have no blanket authorization for access to government information based on their employment status.
Government data, including electronic data, shall not be removed from the Government facility without the express permission of the Contracting Officer or the Contracting Officer’s Representative.
Government data including documentation shall be surrendered to the Government upon contract completion and upon request. Government personnel, including government security personnel, have the express right to inspect documentation for any reason and at any time during the term of this award. The contractor shall ensure that direct and subcontract employees:
Only access information required to perform their tasks as specified in this contract, and do not access information that is not required to perform these tasks.
Ensure continuous government access to their work product in support of this contract.
Do not email government information to non-government email accounts.
Do not discuss government information with non-government personnel (including the contractor employee’s management).
Do not remove, or conspire to remove, government information out of a government facility or system, either physical and electronic, without written Contracting Officer or Contracting Officer Representative authorization.
Comply with non-disclosure agreements.
Protect the confidentiality of government information, and do not disclose government information to any unauthorized person.
i. Facilities The contractor and all associated subcontractors’ employees shall comply with all facility access and use policies and procedures, including security policies and procedures. Questions shall be referred to the Contracting Officer’s Representative. The contractor shall provide all information required for background checks to meet facility access requirements. The contractor shall comply with all personal identity verification requirements associated with facility access. Should the security procedures at any individual facility change, the Government may require changes in contractor security matters or processes.
ii. Property and Personnel The Contractor shall report threats to government property and personnel employed by or supporting the Government.
To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all Federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the Federal, State, and local levels.
The Contractor agrees to use only qualified, responsible, ethical, and capable people to perform the work.
Contractor employees shall perform services at all times in a professional, ethical manner.
Unprofessional, unethical, or threatening conduct will not be tolerated. Contractor employees with knowledge of unprofessional, unethical, or threatening behavior or conduct by any person shall immediately report such behavior or conduct to the Contractor. The Contractor shall immediately report receipt of a report concerning such behavior or conduct to the Contracting Officer.
The contractor and its employees shall only conduct business covered by this contract during periods paid for by the government and shall not conduct any other business on government premises or government time. The contractor shall not use government time, equipment, materials except for the express purpose of providing government support.
Contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties shall identify themselves as Contractors to avoid creating an impression that they are Government officials. The Contractor shall also ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
The Contractor shall, at its own expense, immediately remove employees who have displayed or are displaying or engaging in unprofessional, unethical, or threatening behavior or conduct. The Contracting Officer may require that the Contractor remove from the job at its own expense, employees who jeopardize or interfere with mission accomplishment, or endanger or threaten to endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of agency security.
c. Information Technology (IT) Security Requirements
d. Personnel Security Requirements
The contractor technical staff must comply with all requirements established by the General Services Administration and the SBA to gain access to a Federal Government facility. Failure to comply could result in access to the facility to be denied.
b) Packaging, Packing, and Shipping The contractor shall ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe and timely delivery at the intended destination. All data and correspondence submitted shall reference:
Contract/order number.
Small Business Administration Program Office Name-Processing and Disbursement Center Contracting Officer Representative - Luis Velez Description of the items contained therein.
c) Government Furnished Property/Equipment/Information No government Furnished Equipment will be provided for this contract.
d) Type of Contract The Government anticipates award of a FFP type contract.
e) Period of Performance The period of performance for this procurement will be 60-days.
Need by Date:
• Delivery Date: 29 November 2024
Options required (for recurring need): N/A
f) Place of Performance The Contractor is responsible for doing installation work between the hours of 6:00PM and 6:00AM Monday through Friday and or during weekends, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. Weekend availability could be subject to last minute changes, due to the Center’s mission during National and Natural disaster declarations. The Contractor must maintain an adequate work force for the uninterrupted performance of all tasks defined within this work statement when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind the stability and continuity of the work force are essential. U.S. Small Business Administration – OCA
The Services will be provided at the Governments two facilities located at, 14925 Kingsport Rd Ft. Worth, TX 76155 (K1)
14951 Kingsport Rd Fort Worth TX 76155 (K2)
g) Travel and Other Direct Costs (ODC) Travel is not required in support of the requirements in this work statement.
h) Key Personnel Key personnel are those personnel considered essential to successful contractor performance. The following are considered key personnel –
1. Project Manager onsite during installation
If any change to the key personnel position becomes necessary (substitutions or additions), the Contractor shall immediately notify the Contracting Officer Representative.
Conflicts of Interest
No potential organizational conflicts of interest have been identified by the government. The contractor shall ensure that neither the contractor or any subcontractor is biased because of financial, contractual, organizational, or other interests which relate to the work under this contract. The contractor agrees it will make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the Transition Plan
SECTION B – APPLICABLE FAR CLAUSES & PROVISIONS
1.0 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 CO will make their full text available.
Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov.
(End of clause)
FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistle blower Rights (Jun 2020) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)
2.0 Clauses Incorporated by Full Text.
52.237-1 Site Visit.
As prescribed in 37.110(a), insert the following provision:
Site Visit (Apr 1984) to contract award.
(End of provision)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Dec 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 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 Covered Entities (DEC 2023) (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)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 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.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.
115–390, title II).
__ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (DEC 2023) of 52.204–30.
_X_ (12) 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).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
__ (16) 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).
__ (17) [Reserved]
_X_ (18) (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.
__ (19) (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.
_X_ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).
__ (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 2023) of 52.219-9.
_X_ (22) (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.
__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).
_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (27) 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)).
__ (28) 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)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) .
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
_X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
__ (39) (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).
_X_ (40) 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.)
__ (41) (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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (46) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).
__ (47) (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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).
_X_ (51) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (NOV 2023) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (55) 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).
__ (56) 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).
__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (60) 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).
__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
_X_ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
__ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).
__ (67) (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.]
_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).
_X_ (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).
_X_ (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).
_X_ (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 be 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 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)(1), 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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 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)
2. FAR 52.252-1 Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available.
The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov. (End of Provision).
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017) 52.212-1 Instructions to Offerors—Commercial Items (Sep 2023) 52.212-3 Offeror Representations and Certifications—Commercial Items (Sep 2023)
52.216-1 Type of Contract (Apr 1984)
The Government contemplates a task order that will be awarded as a Firm Fixed Price (FFP).
(End of Provision)
SECTION C – SBA LOCAL TERMS AND CONDITIONS
SBA Terms and Conditions The following terms and conditions shall be incorporated into solicitations and contracts as prescribed in SOP 20 21, The Small Business Administration Acquisition Program.
Contents SBA Terms and Conditions
1. SBA201-70 Authorities and Delegations (OCT 2022)
2. SBA203-70 Restrictions on Endorsements (OCT 2022)
3. SBA204-70 Preservation of and Access to Contract Records (OCT 2022)
4. SBA204-71 Contractor Personal Identity Verification (PIV) Credentials and Background Investigations (OCT 2022)
5. SBA209-70 Organizational Conflict of Interest (OCT 2022)
6. SBA209-71 Access to onpublic Information (OCT 202)
7. SBA219-70 Limitations on Subcontracting (Deviation) (APR 2022)
8. SBA219-71 Limitations on Subcontracting Report (APR 2022)
9. SBA228-70 Liability, Accident Prevention, and Safety Requirements (OCT 2022)
10. SBA232-70 Invoice Submission (OCT 2022)
11. SBA237-70 Key Personnel (OCT 2022)
12. SBA237-71 Physical Security Safeguards (OCT 2022)
13. SBA242-70 Post-Award Evaluation of Contractor Performance (MAR 2022)
1. SBA201-70 Authorities and Delegations (OCT 2022)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer may designate a Contracting Officer's Representative (COR) at the time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent
(2)
(3)
(4) Terminate, for any reason, the contractor's right to proceed;
(5)
(d) The contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The contractor to have contractor shall notify the Contracting Officer in writing, within three days of occurrence and with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that to exceed contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contra
2. SBA203-70 Restrictions on Endorsements (OCT 2022)
The Contractor shall not refer to contracts/agreements/orders awarded by the SBA in commercial -1, in a manner which states or implies that the product or service s considered by the Government to be superior make a
3. SBA204-70 Preservation of and Access to Contract Records (OCT 2022) other information generated or maintained by the c ers;
photographs; drawings; machine-
(a) “Electronically stored information (ESI)” means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media (e.g., offsite servers or data storage).
(b) “ESI devices and media” include, but shall not be limited to:
(1) Computers (mainframe, desktop, and laptop);
(2) Network servers, including shared and personal drives;
(3) Individual e-mail accounts of the contractor’s and any subcontractors’ principals, officers, “Drafts,” “Sent,” “Trash,” “Archive,” and any other folders;
(4) Personal data assistants (PDAs);
(c) “Tangible materials” means contract records that exist in a physical (i.e., non-
(d) performance of this contract, the contracting officer
(3) Identify all individuals who possess or may possess, tangible materials and ESI related to
The il to the SBA official
(5) Complete the certification of compliance with litigation hold upon receipt and return it to designated by the contracting officer with any of the information described in this contractor shall describe in detail any records that the contractor knows or believes to be if known, their
(e) Increases in cost or price. (1) If any request for records pursuant to paragraph (b)(6) of this requirement causes an increase in the estimated cost or price, or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract,…
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