75R60223Q00081 Combined Synopsis Solicitaiton.pdf

Title: Scholar and Student to Service (S2S) Site Visit and Relocation Services

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type: Combined Synopsis/Solicitation Solicitation Number: 75R60223Q00081 Posted Date: March 8, 2023 Date, Time and Place Where Offers are Due: April 7, 2023 at 10:00 AM (EST) VDhaness@hrsa.gov MChecchia@hrsa.gov Classification Code: R706 NAICS Code: 541614

Contracting Office Address

Health Resources and Services Administration Office of Acquisition Management & Policy 5600 Fishers Lane Rockville, MD 20857

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, proposals are being requested and a written solicitation document will not be issued.

The Health Resources and Services Administration (HRSA) is contemplating issuance of award pursuant to Federal Acquisition Regulation (FAR) Part 13.5.

This combined synopsis/solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

This solicitation is 100% set-aside for Service Disabled Veteran Owned Small Businesses

(SDVOSB).

This is a Time and Materials requirement. The Government will not be responsible for payment exceeding the award amount and a ceiling amount for each period of performance.

The Contractor shall provide services in accordance with the attached Statement of Work (SOW), dated February 21, 2023 (Attachment 1).

mailto:VDhaness@hrsa.gov mailto:MChecchia@hrsa.gov

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

Provisions at FAR 52.212-1 Instructions to Offerors–Commercial Items (Nov 2021), applies to this acquisition. The following addenda also apply:

1. General

Contained herein are the minimally acceptable requirements for proposal information that is to be submitted in accordance with the following instructions for the format and content of proposals. Offeror’s shall submit the proposal volumes stated below to be considered responsive to this solicitation, no exceptions. Failure to submit a completed proposal by the time that proposals are due will result in the exclusion from further consideration by the Government for award.

Proposals shall stipulate that it is predicated upon all the terms and conditions of this solicitation.

In addition, it must contain a statement to the effect that the proposal is valid for a period of at least 180 days from the date of receipt by the Government. Offerors shall submit proposals and data comprehensive enough to provide the basis for a sound evaluation. The data and information should be precise, factual, and responsive and shall be keyed to each paragraph of the technical proposal requirements as outlined below.

Proposal information shall be submitted in separate volumes and clearly labeled. Each volume shall be separate and complete unto itself so that the evaluation of one volume may be accomplished independently of the evaluation of the other volume(s).

Proposals shall be submitted in three (3) volumes as follows:

Volume Title

I Technical Proposal II Past Performance III Business Proposal IV Section 508 Product Accessibility (Version 2.4)

The solicitation shall be signed by an official authorized to bind your organization and shall be submitted with your proposal by email by the date and time specified on page 1 of the solicitation to VDhaness@hrsa.gov.

http://www.acquisition.gov/far

All questions and/or inquiries concerning this solicitation shall be submitted via email to VDhaness@hrsa.gov and MChecchia@hrsa.gov by 10:00 AM EST, March 20, 2023. Questions submitted after the due date and time for questions will not be accepted. Any resulting addition, deletion, or change to the solicitation will be made by issuing a formal amendment. Offerors are instructed to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award.

Electronic documents submitted as part of your proposal shall be submitted in Word or PDF, single spaced, printable on 8.5 x 11-inch paper, paginated front to back, font 12 Times New Roman, .5 to 1 inch margins, and searchable. Pricing information shall be submitted in MS Excel format with formulas intact. Each page shall be numbered in a page X of Y format, for example;

page 1 of 3, page 2 or 3, page 3 of 3. Each page shall include a header that states the organizational name and if applicable a footer on applicable pages that notes that proprietary information. Each volume shall be formatted to include a table of contents which corresponds to the section of that volume.

Technical Proposal shall not exceed forty (40) pages, excluding attachments, addendums, resumes and other required appendices. Offerors are advised to strictly observe limitations on the length and format specified since review of the proposal will be limited to 40 pages. There is no page limit for the business proposal.

Where data and/or information appear in one volume, it does not have to be repeated in any other part. However, if data and/or information does appear in more than one volume it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the proposal is important, not the length.

The Government will evaluate proposals in accordance with the evaluation criteria set forth within this solicitation.

This solicitation does not commit the Government to pay any cost for preparation or submission of a proposal. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition.

United States Governmental, or Department of Health and Human Services, or Health Resources Services Administration letterhead and/or logo should not be included in your proposal. Your proposal also should not include proposals from past contracts unless it is requested in the past performance section.

2. Technical Proposal Instructions – Volume I

Volume I–Technical Proposal shall not contain references to price/cost; however, resource information such as data concerning labor hours and categories, materials, subcontracts, past performance, etc., shall be contained in the technical proposal so that the Offerors understanding of the statement of work may be evaluated. It shall disclose the technical approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the technical proposal instructions. Volume I–Technical Proposal shall include a statement indicating whether or not any exceptions are taken to the terms and conditions of this solicitation as part of the proposal transmittal letter. Any exceptions taken must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the proposal, at the location of the exception.

Specifically, the data and information in the Technical Proposal should be organized according to the following:

a. Technical Approach and Understanding

The offeror shall:

• Demonstrate its understanding of the project purpose, scope, and problems that demonstrates a complete understanding of the intent and requirements and provide a detailed approach for performing the individual tasks outlined in the Statement of Work

(SOW).

• Propose a detailed work plan to include the methodology describing how each aspect of the SOW is to be accomplished, including specific procedures and how systems will be used.

The technical approach must be organized by task and subtask similar to the statement of work section of this solicitation. At a minimum, the technical approach must contain the following:

• The proposal shall provide a statement in the offeror’s own words of the objectives and scope of the project in sufficient detail to demonstrate an understanding of the tasks identified in the SOW.

b. Management Approach

The offeror shall:

Propose its management approach to complement the above approach to accomplish the tasks outlined in the SOW to include the following:

• Appropriate methods and processes in place to provide overall direction and management of the contract.

• Appropriate resources necessary to accomplish activities in a timely and comprehensive fashion.

• Demonstrate the proposed management approach to provide a concise outline of the management featuring the responsibilities and functions of key personnel and procedures to communicate with the Government regarding the project.

• Clearly show assigned functions, contractual responsibilities, and interfaces with proposed sub-Contractors.

• addressing any problems related to the management of staffing that the offeror expects to encounter and shall describe the methods proposed to solve these problems.

• Proposed quality control measures that ensure accuracy and timeliness standards are met.

c. Staffing to Include Key Personnel

• furnish the name and title of the person who will provide overall direction of the contract.

• Propose its staffing plan specifying the roles and qualifications of the proposed key personnel in carrying out the tasks identified in the Statement of Work, demonstrating adequate qualifications, and experience and time commitments.

At a minimum, the proposal must contain detailed information on the following key personnel (may be supplemented):

• Project Manager

• Travel/administrative coordinator

• Any additional key personnel the offeror is proposing

• The offeror shall include the submission of personnel resumes for individuals proposed to fill each of the key positions, including Project Manager, travel/administrative coordinator, and any other proposed key personnel. The Project Manager shall have the day-to-day management responsibilities of the Contract.

• Documentation identifying the proposed Project Director responsible for the project and information on how the key personnel is qualified for overseeing work of this type.

• The resumes or CVs shall be clear and concise and to the point not to exceed four (4) pages, single-spaced, in length. Additionally, the offeror shall include a proposed staffing plan, including job descriptions for all staff, both full-time personnel and consultants/sub- Contractors, illustrating their experience with all appropriate aspects of the statement of work and their role in this project. Resumes will not count against the page limit of the technical proposal.

d. Corporate Experience

• Describe its organizational capabilities, including those of any proposed sub- Contractors, and shall discuss their background and corporate experience on contracts of similar scope and nature and provide in their own words, a summary narrative demonstrating:

• Experience and thorough knowledge of the Federal Travel Regulations (FTR) in its entirety.

• Experience and thorough knowledge in planning, executing and tracking travel and relocation logistics.

• Experience and knowledge in developing and managing a tracking database and financial allotments.

• Experience and knowledge in expense reimbursements and processes used.

• Ability to identify any subcontracts and sub-contractors proposed to meet solicitation requirements and provide details outlining the subcontractors experience and knowledge of the above

• Any existing or planned subcontract agreements. (If the Contractor does not have existing contractual relationships with the proposed sub-Contractors, then a letter of commitment to the arrangement shall be provided.)

e. Data Management Plan (15)

The offeror shall submit a data management plan that specifically addresses how data will be collected, stored, and managed to include details on security, encryption, and tracking. The plan should also explain the process by which security breaches will be handled.

3. Past Performance Instructions – Volume II

The proposal shall document the offerors experience, which shall include a statement of the mission and purpose, and general background of the organizational entity offering to conduct the work described in this contract. The proposal shall include clear descriptions of prior contracts that are relevant to the content and approaches of this solicitation. Each description shall indicate the type of the contract, and the name, organization and phone number of an individual who could be contacted for information about the prior work. It is incumbent upon the Offeror to explain the relevance of all past performance data and information provided. The Government does not assume the duty to search for data to cure challenges with past performance data and information. The burden of providing thorough and complete past performance data and information remains with the Offeror.

Offeror’s shall submit a total of three (3) past performance references for the technical quote where the Offeror was the prime contractor or subcontractor for relevant work completed within the past 3 years as required by this solicitation. “Relevant” is defined as similar in size, scope and complexity to this procurement.

If the Offeror has not held any relevant Federal contracts, then the Offeror may submit references from state/local, private sector clients, or Federal clients using the Past Performance Questionnaire Attachment 4. Offeror’s shall forward a copy the Past Performance Questionnaire to their clients to complete. The completed questionnaire shall be submitted by the client in PDF format by the due date and time for quote via email to VDhaness@hrsa.gov and MChecchia@hrsa.gov.

In the case of an Offeror without a record of past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably.

Therefore, the Offeror shall be determined to have a neutral past performance.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the government.

Acceptable methods for providing a total of three (3) past performance references are:

a. Past Performance Questionnaire, Attachment 4.

b. Contractor Performance Assessment System (CPARS) reports/ratings.

c. Combination of questionnaires and CPARS reports/ratings.

4. Business Proposal – Volume III

Price Instructions:

The price quote shall propose labor categories, labor hours, any unit pricing used, any discounts offered and any other relevant pricing information that adequately fulfill the requirements set forth in the SOW for the base and all optional items/tasks. The Offeror shall also furnish a price breakdown to accomplish the SOW. In addition, the price quote shall include a completed and signed copy of Standard Form 1449-Solicitation/Contract/Order for Commercial Items, Request for Quotations, Blocks 12, 17, 23, 24, and 30.

The proposal shall include sufficient administrative and management data and information that will enable a complete analysis of the responsibility of the organization. Financial capabilities related to performance of the statement of work shall be included. Additionally, data and information related to the extent of proposed subcontracting with small businesses shall be included.

The proposal shall identify all Government-owned property in the offerors possession and all property acquired from Federal funds, to which the Offeror has title and is proposing to use in the performance of a resulting contract.

Complete the required reps and certs.

5. Section 508 Product Accessibility – Volume IV

This solicitation includes a requirement for Electronic & Information Technology (EIT) that reflects the accessibility requirements for the type of EIT. Offerors are required to complete the Voluntary Product Accessibility Template (VPAT), Version 2.4 based on the instructions of the Section 508 clause and provision [HHSAR provision 352.239-73 Electronic Information and Technology Accessibility Notice (DEC 18, 2015; 352.239-74 Electronic and Information Technology Accessibility (DEC 18, 2015)]. This section instructs the Offerors to access the website, complete the HHS VPAT and submit as part of their proposal.

Provisions at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021). The following addenda also apply:

1. General

In order for proposals to be considered acceptable and eligible for evaluation, it must be prepared in accordance with the instructions given in this solicitation.

2. Negotiations

Offerors are advised that the Government intends to award a contract without discussions with the Offeror(s). Therefore, initial proposals should contain the best terms from a cost or price and technical standpoint. The Government also reserves the right to conduct discussions if the Contracting Officer determines them to be in the best interest of the Government.

3. Award Criteria

The Government anticipates one award resulting from this solicitation; however, the Government reserves the right to make no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government.

Proposal evaluation will be based on a Tradeoffs methodology to select the responsible offeror whose proposal, in conforming to this solicitation, provides the best value. The Technical Proposal will receive paramount consideration for this acquisition. In the event that the technical evaluation reveals that two or more offers are approximately equal in technical ability, then the estimated cost of performance will become paramount. However, the government reserves the right to make an award based on the best value for the Government, cost and technical factors considered. Past performance will be evaluated on an acceptable or unacceptable basis.

Cost/price will be evaluated on the proposal’s overall cost/price (including options) and that which has been determined to be fair and reasonable.

Each of the four factors will be evaluated on a stand-alone basis.

Factor 1 – Technical; will be evaluated on an adjectival basis. When using this methodology, evaluators will assign an adjective descriptor – Outstanding, Good, Acceptable, Marginal or Unacceptable – to each Non-Price Factor in the Non-Price Quote. That adjective represents evaluators’ conclusions as to the quality of the proposal. That conclusion will have a written narrative identifying the associated strengths, weaknesses, deficiencies, risks, and uncertainties.

The strengths, weaknesses, etc., are the findings that support the assigned adjective rating.

Support Description Significant Strength

An aspect of an offeror's proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Strength An aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

RATING STANDARDS FOR THE NON PRICE PROPOSAL

Adjectival Rating

Description

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses, which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies.

Proposal is not awardable.

Technical will be rated based on the following:

Each of the three factors will be evaluated on a stand-alone basis.

Technical Evaluation

Technical is more important than Past Performance and Section 508 VPAT. When Technical, Past Performance and Section 508 VPAT are combined they are significantly more important that price.

1. Technical Approach and Understanding The Government will:

• Evaluate the Offeror’s understanding of the purpose, scope, and problems that demonstrates a complete understanding of the intent and requirements of the project.

• Evaluate the Offeror’s technical approach to complete the tasks outlined in the statement of work.

• Evaluate the offeror’s detailed work plan to include the methodology describing how each aspect of the SOW is to be accomplished, including specific procedures and how systems will be used.

2. Management Approach

The Government will evaluate:

• The Offeror’s plan to manage roles and responsibilities to achieve the tasks outline in the statement of work, methods and processes in place to provide overall direction and management of the contract, and project-related problems.

• The proposed management and approach to provide a concise outline of the management and staffing plan, featuring the responsibilities and functions of key personnel.

• The assigned functions, contractual responsibilities, and interfaces with proposed sub-Contractors.

• The management of staffing and the methods proposed to solve these staffing problems.

• The documentation identifying the proposed Project Director responsible for the project and information on how the key personnel is qualified for overseeing work of this type.

• The proposed quality control measures that ensure accuracy and timeliness standards are met.

3. Staffing to include Key Personnel

• The Offeror’s plan to recruit qualified personnel to meet requirements specified in the statement of work and review the roles of the proposed key personnel in demonstrating adequate qualifications, experience and time commitments in carrying out the tasks identified in the Statement of Work.

• The proposed candidates’ experience, qualifications, and education via submitted resumes or CVs.

• The staffing plan specifying the roles and qualifications of the proposed key personnel in carrying out the tasks identified in the Statement of Work, demonstrating adequate qualifications, and experience and time commitments, detailed information on the following key personnel:

• Project Manager

• Travel/administrative coordinator

• Any additional key personnel the offeror is proposing

4. Corporate Experience

The Government will evaluate

• The Offeror’s understanding and ability to fulfill the contract needs, through the knowledge and skills required for effective and efficient federal travel and relocation preparation and logistics management from planning to close out, technical expertise and data and cost/allotment tracking and any subcontracts or subcontractor agreements.

• The offeror’s knowledge on the Federal Travel Regulations (FTR) in its entirety.

• Knowledge in planning, executing and tracking travel and relocation logistics.

• Experience and knowledge in developing and managing a tracking database and financial allotments.

• Experience and knowledge in expense reimbursements and processes used.

• Ability to identify any subcontracts and sub-contractors proposed to meet solicitation requirements and provide details outlining the subcontractors experience and knowledge of the above

• Any existing or planned subcontract agreements.

5. Data Management Plan

• The Offeror’s understanding and ability to provide a solid and secure data management plan that specifically addresses how data will be collected, stored, and managed to include details on security, encryption, and tracking and the process by which security breaches will be handled.

Factor 2 – Past Performance

The Offeror’s past performance will be evaluated in accordance with the following Past Performance Relevancy Rating Standards and Performance Confidence Assessments Standards.

The Government will conduct a past performance evaluation of the Offeror’s past performance as well as that of its subcontractors (if applicable). Past performance consists of past performance relevancy and performance confidence; thus, the Offeror will be assigned two (2) ratings for past performance: First, the Government will evaluate the Offeror’s past performance references to determine how relevant a recent effort is to the current requirement for source selection. Common aspects of relevance include similarity of service/support, complexity, magnitude of effort, dollar value, and contract type. Second, the Government will evaluate the Offeror’ s past performance to determine the quality of work performed and assess the level of expectation that the Offeror can successfully perform the required effort.

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Rating Description

Exceptional Confidence Based on the Offeror’s recent/relevant performance record, the Government has very high expectations that the offeror will successfully perform the required effort.

Very Good Confidence Based on the Offeror’s recent/relevant performance record, the Government has very good expectations that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has reasonable expectations that the offeror will successfully perform the required effort.

Marginal Confidence Based on the offeror’s recent/relevant performance record, the Government has minimal expectations that the Offeror will successfully perform the required effort.

Unsatisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Factor 3 – Business Proposal

The Government will evaluate the offerors proposed total cost/price, including options, to determine if it is fair and reasonable. Other information submitted under the business proposal will be evaluated for completeness.

Factor 4 - Section 508 Voluntary Product Accessibility Template (VPAT) will be evaluated based on the following:

Performance Confidence Assessment Standards

The evaluation of the VPAT is independent from the other factors and will be based on the demonstrated capabilities of the prospective Offeror to meet the requirements of all the applicable Section 508 standards as listed in the attached HHSAR clause: 352.239-74 Electronic and Information Technology Accessibility. Alternatively, Offerors may propose goods or services that provide equivalent facilitation. Such offers will be considered to have met the standards of the Access Board’s standards for the feature or component providing equivalent facilitation. If none of the Offerors propose goods or services that fully meet all of the applicable Access Board’s standards, those Offerors whose products or services meet some of the applicable standards will be considered eligible for award.

ICT vs. EIT

Procurement documentation from HHS or other agencies may contain references to “EIT” (Electronic and Information Technology) and “ICT” (Information and Communications Technology). HHS considers these terms to be interchangeable, and “EIT” should always be interpreted to be “ICT” in any HHS procurement.

The Section 508 VPAT will be evaluated as described in this chart.

ICT Products fully meet intent of all applicable Section 508 Standards. Risk of failure to meet all Section 508 Requirements is very low.

Green

ICT Products can be made capable of meeting the intent of all applicable Section 508 Standards by using alternative methods for some or all of the products. Risk of failure to meet all Section 508 Requirement is low.

Yellow

ICT Products fail to meet the intent of any of the applicable Section 508 Standards or the VPAT is materially incomplete. Risk of failure to meet all Section 508 Standards is high.

Red

Provisions at FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

The Offeror shall ensure that Representations and Certifications are complete when submitting their proposal.

FAR 52.212-4 Contract Terms and Conditions – Contract Terms and Conditions— Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

(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 and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

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

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

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

__ (13) [Reserved] _X_ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (15)

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 2021) of 52.219-9.

__ (18)

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

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

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

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

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

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

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

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

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

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

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

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

__X (30)

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

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

_X_ (31) https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26

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

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

__ (32)

(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.

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

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

_X_ (35)

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

13627).

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

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

FAR 22.1803.)

__ (37)

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

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

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

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

__ (40)

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

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

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43)

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

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

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

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_ (47)

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

https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3

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

__ (48)

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

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

__ (49)

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

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

__ (ii) Alternate I [Reserved].

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

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

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

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

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

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

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

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

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

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

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

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (63)

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

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64…