75N99024R00038 NIH RML Industrial Chiller Maintenance and Repair Services.pdf
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- Industrial Chiller Maintenance & Repair Services
- Solicitation number
- 75N99024R00038
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This document is a solicitation for a Firm-Fixed Price (FFP) contract for Industrial Chiller Maintenance & Repair Services at the National Institutes of Health (NIH) Rocky Mountain Laboratories (RML) campus in Hamilton, Montana.
The solicitation is for a base year contract with four one-year option periods to provide maintenance and repair services for the industrial chiller systems at the NIH/RML facilities. The contractor will be required to furnish all necessary personnel, materials, equipment, and other items to perform the work in accordance with the Statement of Work. The solicitation will be issued on or about April 16, 2024, with proposals due on May 16, 2024. The government intends to award the contract to a single contractor.
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Solicitation No.: 75N99024R00038 NIH/RML Industrial Chiller Maintenance & Repair Services Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
PART I--THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES
The National Institutes of Health, Office of Research Facilities, Office of Acquisitions at the Rocky Mountain Laboratories (RML), Hamilton, MT, through this procurement, intends to award a Firm-Fixed Price (FFP) contract for a base year and four (4) yearly option periods for industrial chiller maintenance & repair services in support of the Government facilities specified herein and within the Statement of Work. The attached Statement of Work describes the requirements for the NIH/RML located at 903 South 4th Street, Hamilton, Montana 59840.
ARTICLE B.2. PRICES/COSTS
To be considered responsive, a bidder must bid on all line items in the quantities stated in the Bid Schedule.
BID SCHEDULE
INDUSTRIAL CHILLER MAINTENANCE & REPAIR SERVICES FOR THE
ROCKY MOUNTAIN LABORATORIES
Item Work or Unit Total No. Material Quantity Unit Price Amount 1 Base Year (1 June 2024 –
31 May 2025) The Contractor shall provide required items to provide industrial chiller maintenance & repair services at the NIH/RML Campus in accordance with the Statement of Work
1 Job Lump Sum
*Price shall include addition of Eddy Current testing during this contract period.
1a Additional Summer Service (If required/ordered by the Contracting Officer)
TBD Job Lump sum
1b Unscheduled Service Calls (If required/ordered by the Contracting Officer)
TBD EA TBD $25,000.00
(Allowance)
1c Allowance for “Parts” (If required/ordered by the Contracting Officer)
1 EA Lump Sum $10,000.00 (Allowance)
Base Year Total
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
2 Option Year 1 (1 June 2025
– 31 May 2026) The Contractor shall provide required items to provide industrial chiller maintenance & repair services at the NIH/RML Campus in accordance with the Statement of Work
1 Job Lump Sum
2a Additional Summer Service (If required/ordered by the Contracting Officer)
TBD EA Lump Sum
2b Unscheduled Service Calls (If required/ordered by the Contracting Officer)
TBD EA TBD $25,000.00
(Allowance)
2c Allowance for “Parts” (If required/ordered by the Contracting Officer)
1 EA Lump Sum $10,000.00
Option Year 1 Total
3 Option Year 2 (1 June 2026
– 31 May 2027) The Contractor shall provide required items to provide industrial chiller maintenance & repair services at the NIH/RML Campus in accordance with the Statement of Work
1 Job Lump Sum
3a Additional Summer Service (If required/ordered by the Contracting Officer)
TBD EA Lump Sum
3b Unscheduled Service Calls (If required/ordered by the Contracting Officer)
TBD EA TBD $25,000.00
(Allowance)
3c Allowance for “Parts” (If required/ordered by the Contracting Officer)
Option Year 2 Total
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
4 Option Year 3 (1 June 2027
– 31 May 2028) The Contractor shall provide required items to provide industrial chiller maintenance & repair services at the NIH/RML Campus in accordance with the Statement of Work
1 Job Lump Sum
*Price shall include addition of Eddy Current testing during this contract period.
4a Additional Summer Service (If required/ordered by the Contracting Officer)
TBD Job Lump Sum
4a Unscheduled Service Calls (If required/ordered by the Contracting Officer)
TBD EA TBD $25,000.00
(Allowance)
4b Allowance for “Parts” (If
Option Year 3 Total
5 Option Year 4 (1 June 2028
– 31 May 2029) The Contractor shall provide required items to provide industrial chiller maintenance & repair services at the NIH/RML Campus in accordance with the Statement of Work
1 Job Lump Sum
5a Additional Summer Service (If required/ordered by the Contracting Officer)
TBD EA Lump Sum
5a Unscheduled Service Calls (If required/ordered by the Contracting Officer)
TBD EA TBD $25,000.00
(Allowance)
5b Allowance for “Parts” (If
Option Year 4 Total
Contract Total
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
ARTICLE C.1. STATEMENT OF WORK
The Contractor shall furnish all the necessary personnel, material, equipment, services, and facilities (except as otherwise specified in the Statement of Work), to perform the Statement of Work referenced in Section J, List of Documents, Exhibits and Other Attachments.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION D--PACKAGING, MARKING AND SHIPPING
THERE ARE NO CLAUSES OR PROVISIONS INCLUDED IN THIS SECTION.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION E--INSPECTION AND ACCEPTANCE
The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:
FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.246-4 Inspection of Services – Fixed Price (AUG 1996) FAR 52.246-16 Responsibility for Supplies (APR 1984)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION F--DELIVERIES OR PERFORMANCE
The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:
FAR 52.242-15 Stop – Work Order (AUG 1989)
ARTICLE F.1. DELIVERIES
Satisfactory performance of the contract requirements shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative.
ARTICLE F.2. PERIOD OF PERFORMANCE
The period of performance shall be as described below:
Base Year: 1 June 2024 – 31 May 2025 Option Year 1: 1 June 2025 – 31 May 2026 Option Year 2: 1 June 2026 – 31 May 2027 Option Year 3: 1 June 2027 – 31 May 2028 Option Year 4: 1 June 2028 – 31 May 2029
ARTICLE F.2 PERFORMANCE CLAUSES
The Contractor shall perform as directed by the terms and conditions of this solicitation and the Statement of Work/Specifications referenced in Section J, List of Documents, Exhibits and Other Attachments.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION G--CONTRACT ADMINISTRATION DATA
ARTICLE G.1. PROJECT OFFICER
The Government's Project Officer(s) will be identified in writing to the contractor under the contract.
The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract;
and (5) assisting in the resolution of technical problems encountered during performance.
The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.
ARTICLE G.2. KEY PERSONNEL
Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract:
Contract Manager
ARTICLE G.3. INVOICE SUBMISSION
The Contractor shall also follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment. Invoices under this contract and resulting task orders will be forwarded through the Project Officer to the Contracting Officer for invoice review and approval.
All invoices will also be submitted through the IPP System. Invoices must contain the following:
a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or task orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.
The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309-05). The only parameters for the invoice number are that it must be limited to 30 characters. There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.
If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example:
8675309-05R).
b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.
c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we have seen in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.
d. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF
e. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required, the e-mail addresses may vary among and within the Office of Acquisition at the NIH and are used to route the invoices to the proper office for processing.
f. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line-item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line-item pricing in the contract will be considered improper and will be returned to the contractor.
g. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.
h. Invoice Coordination: It is required that the contractor coordinate the amount he/she intents to bill for any period of construction services with the Project Officer and Contracting Officer. It is further required that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The Project officer shall then send the invoice containing the Project Officer’s signature to the Contracting Officer for approval of payment.
The Contracting Officer will then forward the approved invoice to the Accounts Payable Office.
i. Invoice Matching Requirements: Identification of whether payment is to be made using a two-way or three-way match. This contract requires a Three-Way match.
j. Final Payment Instructions: The Contractor shall certify final payment with the following statement: “This is the final payment. No additional charges or invoices shall be submitted.” Also, the Contractor must submit a “Contractor’s Release of all Contracts” (NIH 2582) along with the final request for payment.
ARTICLE G.4. PAYMENT INQUIRIES
Inquiries regarding payment of invoices should be directed to the Contracting Officer. It is recommended that contractors visit the IPP System to inquire about their individual invoices after a reasonable time has passed.
G.5. POST AWARD EVALUATION OF PAST PERFORMANCE
An interim and final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15 for CPARS. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION H--SPECIAL CONTRACT REQUIREMENTS
H.1. WAGE RATES
The attached wage determination from the Secretary of Labor, see Section J, shall be incorporated in accordance with statutes for labor standards requirements for contracts over $2,500.00 involving service. Wage Determination No.: 2015-5401, Revision No.:
21 dated 12/26/2023.
H.2. REPORTING MATTERS INVOLVING FRAUD, WASTE AND ABUSE
Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially.
The e-mail address is Htips@os.dhhs.gov.
Office of Inspector General Department of Health and Human Services
TIPS HOTLINE
P.O. Box 23489 Washington, DC 20026 Information regarding procedural matters can be found with the Office of Management Assessment page.
mailto:Htips@os.dhhs.gov http://www1.od.nih.gov/oma/pi/hotline.html http://www1.od.nih.gov/oma/pi/hotline.html
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
SECTION I--CONTRACT CLAUSES
Article I.1
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates the following 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.
a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)
CLAUSES
FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN
2020) FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and recovery of Funds for Illegal or
Improper Activity (MAY 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
(MAY 2014)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal
Transactions (JUN 2020) FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidential
Agreements of Statements (JAN 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper (MAY 2011) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN
2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards (JUN 2020) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG
2020)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
(Continued)
FAR 52.204-19 Incorporation by Reference of Representations and
Certifications (DEC 2014) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)
FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services
(MAY 2014)
FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)
FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
FAR 52.215-2 Audit and Records—Negotiation (JUN 2020) FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data
(AUG 2011)
FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-
Modifications (JUN 2020) FAR 52.215-12 Subcontractor Certified Cost or Pricing Data (JUN 2020) FAR 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications
(JUN 2020)
FAR 52.215-14 Integrity of Unit Prices (NOV 21021) FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data-Modifications
(NOV 2021)
FAR 52.215-23 Limitations on Pass-Through Charges (JUN 2020) FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.219-8 Utilization of Small Business Concerns (SEP 2023) FAR 52.219-14 Limitations on Subcontracting (OCT 2022) FAR 52.219-28 Post-Award Small Business Program Rerepresentation (SEP
2023) FAR 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)
FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
(Continued)
FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime
Compensation (MAY 2018) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-37 Employment Reports on Veterans (JUN 2020) FAR 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010) FAR 52.222-41 Service Contract Labor Standards (AUG 2018) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor
Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)
FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.222-55 Minimum Wages Under Executive Order 14026 (JAN 2022) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) FAR 52.223-3 Hazardous Material Identification and Material Safety Data
(FEB 2021) – Alternate I (JUL 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY
2011) – Alternate I (MAY 2011) FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-10 Waste Reduction Program (MAY 2011) FAR 52.223-17 Affirmative Procurement of EPA – Designated Items in Service and Construction Contracts (AUG 2018) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving (JUN 2020) FAR 52.223-19 Compliance with Environmental Management Systems (MAY
2011) FAR 52.225-1 Buy American-Supplies (Oct 2022) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-11 Extras (APR 1984) FAR 52.232-16 Progress Payments (NOV 2021) – Alternate I (MAR 2000)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
(Continued)
FAR 52.232-17 Interest (MAY 2014) FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-25 Prompt Payment (JAN 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award
Management (OCT 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) FAR 52.233-1 Disputes (MAY 2014) – Alternate I (DEC 1991) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection of Government Buildings, Equipment, and
Vegetation (APR 1984) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-1 Changes (AUG 1987) - Alternate II (APR 1984) FAR 52.244-6 Subcontracts for Commercial Items (AUG 2019) FAR 52.246-25 Limitation of Liability – Services (FEB 1997) FAR 52.249-4 Termination for Convenience of the Government (Services)
(Short Form) (APR 1984) FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)
b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES
HHSAR 352.203-70 Anti-Lobbying (December 18, 2015) HHSAR 352.208-70 Printing and Duplication (December 18, 2015) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity
Investigations (December 18, 2015) HHSAR 352.223-70 Safety and Health (December 18, 2015) HHSAR 352.237-75 Key Personnel (December 18, 2015) HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice
(December 18, 2015) HHSAR 352.239-74 Electronic and Information Technology Accessibility
(December 18, 2015)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
ARTICLE I.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL
TEXT
FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction
(CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
FAR 52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 June 2024 through 31 May 2029.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of $1,000,000.00;
(2) Any order for a combination of items in excess of $7,000,000.00; or
(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
FAR 52.216-21 REQUIREMENTS (OCT 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this https://www.acquisition.gov/far/current/html/52_216.html#wp1115057
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024 contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 April 2029.
(End of clause)
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
FAR 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items (MAY 2008)
(a) Definitions. As used in this clause-
“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to _____________________ [Contracting Officer complete in accordance with agency procedures].
(End of clause)
FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)
Funds are not presently available for performance under this contract beyond 30 September 2024. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2024, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
FAR 52.252-4 Alterations in Contract (APR 1984)
Portions of this contract are altered as follows:
_____As shown_________________________________
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
PART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
1. Statement of Work dated March 2024
3. Wage Rate Determination: Wage Determination No.: 2015-5401, Revision
No.: 21, Dated: 12/26/2023
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
PART IV—REPRESENTATIONS AND INSTRUCTIONS
SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFEROROS
K.1. CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates the following 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.
FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation (JAN 2017)
FAR 52.204-17 Ownership or Control of Offer (AUG 2020) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations-Representation (NOV 2015) FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) FAR 52.222-25 Affirmative Action Compliance (APR 1984) FAR 52.222-38 Compliance with Veterans’ Employment Reporting
Requirements (FEB 2016) FAR 52.223-4 Recovered Material Certification (MAY 2008) FAR 52.225-2 Buy American Certificate (Oct 2022) FAR 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan—Certification (Aug 2009) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)
K.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT
FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that—
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—
(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;
or
(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
FAR 52.204-8 Annual Representations and Certifications (Mar 2023)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 811310.
(2) The small business size standard is $12.5M.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included inthis solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.
This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).
This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals Representation. This provision applies to solicitations that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.
(Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.
(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024 incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
FAR 52.204-20 Predecessor of Offeror (AUG 2020)
(a) Definitions. As used in this provision–
Commercial and Government Entity (CAGE) code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.
Issue Date: 16 April 2024 Proposal Due Date: 16 May 2024
(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a…
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