A12_Combined_Solicitation_9sep20.pdf

Source Selection Information-See FAR 2.101 and 3.104 Solicitation No.: FA7000-20-Q-0128 Assistant Basketball Coach

Combined Synopsis / Solicitation

IAW FAR 12.603

Solicitation Title: USAFA Preparatory School Men’s Assistant Basketball Coach

Solicitation Number: FA7000-20-Q-0128

Issuing Office: 10th Contracting Squadron USAF Academy, CO 80840

Agency Contact: Dana Western, Contracting Officer Email: dana.western@us.af.mil

Agency Contact: Wesley Kuykendall, Contract Specialist Email: wesley.kuykendall.1@us.af.mil

RFP Issue Date: 10 September 2020

Questions Due Date: 15 September 2020, NLT 2:00 p.m., MST (Mountain Standard Time)

This is a quick-turn requirement, so time-frames are compressed.

Proposal Due Date: 21 September 2020, NLT 2:00 p.m., MST (Mountain Standard Time)

Email proposals to the Agency Contact(s) listed above.

1.0 Requirement Description

The 10th Contracting Squadron (10 CONS), is contemplating an award for United States Air Force Academy (USAFA) Preparatory School Men’s Basketball Assistant Coaching to include a 10-month base period of performance (PoP), four 12-month option years, and an optional six-month extension of services.

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a commercial purchase using Federal Acquisition Regulation (FAR) Parts 12 and 13 procedures and is being issued as a Request for Quote (RFQ). Throughout this RFQ, all instances of the word “proposal” should be understood as “quote.” All instances of the word “Offeror” should be understood as “Quoter.”

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-07. The North American Industry Classification System Code (NAICS) is 611620, Sports and Recreation Instruction, and the size standard is $8M.

There is no small business set-aside. This solicitation is for full-and-open competition. All responsible sources may submit an offer, which if received timely, will be considered by 10

CONS.

This acquisition is for one Assistant Basketball Coach for the USAFA Prep School men’s basketball program.

Funds are currently available for the base period of performance (PoP).

Offer Requirements: To ensure timely and equitable evaluation of offers, Offerors must follow the instructions contained herein. Failure to meet all of the instructions may result in an offer determined ineligible for award. It is the Offerors’ responsibility to ensure their offers meet all the requirements of this solicitation. Alternative offers will not be accepted.

Offers for the Men’s Basketball Assistant Coaching services shall meet the requirements and be IAW the Performance Work Statement (PWS) dated 9 September 2020 (Attachment #1).

2.0 Instructions to Offerors – Offer Preparation and Submission:

Addendum to FAR 52.212-1 Instructions to Offerors-Commercial Items (Mar 2020)

a. The Contracting Officer (CO) has determined there may not be a high probability of adequate price competition for this acquisition. Evaluation of offers will be IAW with FAR 12.203, Procedures for Solicitation, Evaluation, and Award, and FAR 13.106-2, Evaluation of Quotations or Offers. If at any time during this competition the CO determines adequate price competition does not exist, Offerors may be required to submit cost data to the extent necessary for the CO to determine the reasonableness and affordability of the offer.

b. The Government contemplates award of a single Firm Fixed-Priced (FFP) contract resulting from this RFQ. This acquisition will use a lowest price, technically acceptable (LPTA) evaluation approach. Offers shall conform to the RFQ, and offer evaluations shall be most advantageous to the Government, in terms of price and other factors considered.

c. Offeror will be evaluated and an award will be made IAW the evaluation criteria in FAR 52.212-2 Addendum (located in this document).

d. Notice to Offerors: The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an Offeror for any costs. An award may be made on an all, none, or partial basis based on availability of funding. If future option years are exercised, the Contract Line Item Numbers (CLINs) may be awarded on an all, none, or partial basis based on availability of funding.

e. Period of Performance (PoP): The proposed PoP for this requirement is a 10-month base period of performance, four 12-month option years, and an optional six-month extension of services. This is a new requirement, so no phase-in period is contemplated.

Base Period: .............. 30 September 2020 – 31 July 2021 Option Year 1: ........... 1 August 2021 – 31 July 2022 Option Year 2: ........... 1 August 2022 – 31 July 2023 Option Year 3: ........... 1 August 2023 – 31 July 2024 Option Year 4: ........... 1 August 2024 – 31 July 2025 Optional 6-month Extension of Services: 1 August 2025 – 31 January 2026

With the exception of the base PoP, all other PoPs are 12 months in duration; however, actual contract performance is estimated to occur during seven months only (five months during the base PoP). Anticipated quantities are listed in the Schedule B attachment and below.

The CLIN structure is as follows, and Offerors shall use this format (Schedule B, Attachment #2) to provide their quote/offer.

Table 1 (Schedule B and Attachment #2):

Item No. Supplies/Services Qty. Unit Unit Price Amount 0001 Assistant Basketball Coaching:

Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 30 September 2020 to 31 July 2021 Firm Fixed-Price

5 Month

0002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 30 September 2020 to 31 July 2021 FFP; not to exceed three trips per OY NOTE: COVID-19 Restrictions may limit travel; this CLIN may not be funded, but must be priced.

3 Each

1001 Assistant Basketball Coaching:

Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 1 August 2021 to 31 July 2022 Firm Fixed-Price

7 Month

1002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 1 August 2021 to 31 July 2022 FFP; not to exceed three trips per OY

3 Each

2001 Assistant Basketball Coaching:

Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 1 August 2022 to 31 July 2023 Firm Fixed-Price

7 Month

2002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 1 August 2022 to 31 July 2023 FFP; not to exceed three trips per OY

3 Each

3001 Assistant Basketball Coaching:

Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 1 August 2023 to 31 July 2024 Firm Fixed-Price

7 Month

3002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 1 August 2023 to 31 July 2024 FFP; not to exceed three trips per OY

3 Each

4001 Assistant Basketball Coaching: 7 Month

Item No. Supplies/Services Qty. Unit Unit Price Amount Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 1 August 2024 to 31 July 2025 Firm Fixed-Price

4002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 1 August 2024 to 31 July 2025 FFP; not to exceed three trips per OY

3 Each

5001 Assistant Basketball Coaching:

Provide Assistant Basketball Coaching Services IAW the PWS dated 9 September 2020 PoP: 1 August 2025 to 31 January 2026 Firm Fixed-Price

6 Month

5002 Travel for overnight Away Trips: Three trips per season IAW the PWS dated 9 September 2020 PoP: 1 August 2025 to 31 January 2026 FFP; not to exceed three trips per OY

3 Each

Per FAR 52.217-8, CLINs 5001 and 5002 shall be priced at the previously exercised option year prices.

f. Offers shall be valid for a period of no less than 180 days from the closing dates of this solicitation. Submit only one best offer. Multiple offers or variants will not be accepted. Offers must be submitted via email to the Government points of contacts (POC) listed below in this provision. Hard copies of the offer will not be accepted. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the Offeror to verify receipt of the emailed offer.

All offers submitted after the deadline may be considered late and ineligible for award. Quotes are due on 21 September 2020, NLT 2:00 p.m., MST.

By submission of its offer, the Offerors accede to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

If Offerors have questions, please submit via email by the deadline noted on Page 1 of this solicitation.

The offer shall consist of the following:

1) A cover page on company letterhead that includes the following: (no more than one page, pages exceeding one shall be removed from the offer):

A. The Solicitation Number (FA7000-20-Q-0128) B. Company name; point of contact name, telephone number, and email;

C. Company's socioeconomic status (e.g., woman-owned small business, large business, small business, etc.). The NAICS for this acquisition is 611620, Sports and Recreation Instruction, with a size standard of $8M;

D. DUNS number;

E. CAGE Code;

F. Tax Identification Number;

G. Acknowledgment of all Solicitation Amendments (if any);

H. A written acknowledgement of the following:

i. The Offeror agrees to hold pricing in its offer firm for 180 calendar days from the date of the specified for receipt of offers

ii. Discount Terms shall be Net 30

iii. Place of Performance shall be USAF Academy, CO 80840

2) Applicable clauses and provisions incorporated by full text below, completed and returned with the offer

3) Completed Attachment #2, Schedule B

4) Completed Attachment #3, Technical Capabilities (with required documents)

Formatting:

Page size 8.5” by 11” with 1” margins. Paragraphs shall be single-spaced. Minimum font size and style shall be 10 point Times New Roman or Arial font for Text, 9 point font for Tables, and 8 point font for Graphics. Tables and graphics may be landscape; all other text must be portrait.

If the offeror uses a different format (font size, margin, etc.), the Government reserves the right to adjust the proposal to fit the parameters of the format as stated in the RFP, and if this results in the proposal exceeding the page limitations in any one area, the government will not consider those excess pages.

Electronic Quote Format:

The subject line must read: “Proposal for FA7000-20-Q-0128”

Do not zip your files. Submission should be limited to 10MB or less (Limit to email capacity)

If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the Government office designated for receipt of proposals by the exact time specified in the solicitation, the Government may, at its unilateral discretion, determine proposals received after the deadline are timely.

10 CONS Points of Contact:

Dana Western Wesley Kuykendall Contracting Officer Contract Specialist dana.western@us.af.mil wesley.kuykendall.1@us.af.mil

g. System for Award Management (SAM): The Offeror acknowledges the requirement a prospective awardee shall be registered in the SAM database at the time a quote is submitted, during performance, and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov/SAM/.

https://www.sam.gov/SAM/

h. Questions. Offerors shall submit questions pertaining to this RFQ, via e-mail, NLT 2:00 p.m., MST on 15 September 2020. Questions received after the deadline may not be answered. All questions and answers will be compiled and posted electronically to the Beta.sam.gov website.

i. Discussions: The Government intends to evaluate offers and award a contract without discussions with Offerors; therefore, Offerors’ initial offers should contain their best possible submission. The offer shall be clear, concise, and include sufficient detail for effective evaluation. Responses to this RFQ shall strictly adhere to the requirements set forth in the RFQ. Submissions that do not adhere to format and content requirements may be considered non-responsive. The Government reserves the right to eliminate any such offers from consideration for award.

The Government does reserve the right to conduct discussions if later determined by the CO to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive or correct informalities and minor irregularities in offers received via informal methods (i.e. e-mails, phone calls, etc.).

j. Offer Preparation Instructions: To ensure timely and equitable evaluation of offers, the Offeror must follow the instructions contained herein. Failure to meet all of the instructions may result in an offer being determined non-responsive to the RFQ and ineligible for award, including the failure to propose to any CLIN in Schedule B (Attachment #2). It is the Offerors’ responsibility to ensure their offers respond to and meet all the requirements of this

RFQ.

The offer shall be submitted in three volumes:

Volume I: Administrative (Limit 3 pages) Volume II: Price (Factor 1) Volume III: Technical (Factor 2)

Volume I – Administrative: Within the Administrative section, Offerors shall ensure their offers reflect the information requested in Paragraph f.1. above.

Offerors shall be registered in SAM as noted in Paragraph g. above. If the Offeror is currently registered in SAM with completed representations and certifications, an affirmation on the title page shall suffice. Otherwise, the Offeror shall include one copy of the following provisions completed and included with the quote (will not count toward page count limitations):

FAR 52.212-3, Offeror Representations and Certifications, Alternate I (Oct 2014);

Volume II, Price (Factor 1)

Offerors shall complete Attachment #2, Schedule B, IAW the instructions located within the attachment. Completion of Schedule B will represent the Offerors’ price proposal and shall be inclusive of all PWS performance costs. Failure to propose a price for any CLIN in Schedule B may cause an Offeror’s proposal to be rejected as non-responsive.

Volume III, Technical (Factor 2)

The Offeror shall complete Attachment #3, Technical Capabilities, in sufficient detail for evaluation purposes and provide documentation as required. Failure to meet any portion of the qualification requirements will result in an “Unacceptable” rating.

(End of Addendum to FAR 52.212-1)

3.0 Evaluation of Quotes:

Addendum to FAR 52.212-2, Evaluation – Commercial Items (Oct 2014)

The Government anticipates awarding a contract resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Price Factor 2: Technical (Capabilities)

Options: Evaluation of options shall not obligate the Government to exercise the option(s).

Price (Factor 1):

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement; this is the total evaluated price (TEP).

The Government may determine an offer is unacceptable if the option prices are significantly unbalanced.

Offers will be evaluated based upon price completeness and accuracy as part of the determination of price fair and reasonable. Total evaluated price (TEP) to accomplish the requirement and all of its options will be used as a basis for evaluating price. Per FAR 13.106-3(a)(1), “whenever possible, base price reasonableness on competitive quotations or offers.” If competition does not exist, the CO will follow FAR 13.106-3(a)(2) to determine price fair and reasonable. If, after receipt of offers, the CO determines there is insufficient information available to determine price fair and reasonable, an Offeror may be required to submit other than cost or pricing data to support their price.

Price Completeness and Accuracy: The Government will review the price schedules (Schedule B) for completeness and accuracy. A determination will be made as to whether the Offeror properly understands the business proposal instructions and has properly completed the price schedules (Schedule B). Changes to the evaluation quantities, blanks or zeros in the pricing columns, and/or mathematical mistakes are subject to clarification for confirmation of the Offeror’s intent. The Offeror's proposal will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations

2) Ensuring all prices are summarized correctly

Technical (Factor 2):

Technical Acceptability will be rated as “Acceptable” or “Unacceptable” according to the ratings defined in the table below. The rating received will be based on an evaluation of the information submitted by the Offeror IAW Attachment #3, Technical Capabilities.

Factor 2, Technical Acceptable / Unacceptable Rating Method:

Adjectival Rating Description

Acceptable The “Minimum Requirements” of the Technical Capabilities as completed on Attachment #3 are sufficient to provide a qualified candidate to support this requirement.

Unacceptable The “Minimum Requirements” of the Technical Capabilities as completed on Attachment #3 are not sufficient to provide a qualified candidate to support this requirement.

Basis of Award:

The Government intends to make an award based on Lowest Price, Technically Acceptable (LPTA) evaluation procedures. Failure to meet the requirements of the instructions in FAR Clause 52.212-1 will result in an offer deemed as “Unacceptable.” All offers will be evaluated on the Total Evaluated Price (TEP), then ranked from lowest to highest. The lowest priced offer will be rated for technical acceptability. If the offer is deemed unacceptable during the evaluation process, the next lowest offer will be evaluated for technical acceptability. Once a lowest TEP offer is rated as technically acceptable, the evaluation process will stop, and award will be made to the lowest-priced Offeror who has been determined to be technically acceptable.

(End of Addendum to FAR 52.212-2)

The following Federal Acquisition (FAR) provisions and clauses apply to this combined synopsis/solicitation FA7000-20-Q-0128:

FAR/Defense Federal Acquisition Regulation Supplement (DFARS)/Air Force Federal Acquisition Regulation Supplement (AFFARS) Provisions/Clauses Incorporated by Reference:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. 2017-01 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-7 System for Award Management. 2018-10 SEC K

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I

52.212-3 Offeror Representations and Certifications- Commercial Items Alternate I (OCT 2014)

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

52.232-1 Payments

52.232-39 Unenforceability of Unauthorized Obligations

52.233-3 Protest After Award

52.233-2 Service of Protest

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10

SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-

12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

SEC I

252.215-7007 Notice of Intent to Resolicit

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01

SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I

252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration (APR 2020)

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.203-18

5352.223-9001 Health and Safety on Government Installations (NOV 2012)

5352.242-9000 Contractor Access to Air Force Installations (NOV 2012)

5352.242-9001 Common Access Cards (CAC) for Contractor Personnel (NOV 2012)

Provisions and Clauses in Full Text

52.204-22 Alternative Line Item Proposal (Jan 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision- "Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing;

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that it _____will, _____will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer

1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known);

and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is __ is not __ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is __ is not __ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (Aug 2020)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.

C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

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

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10)[Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S. C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13)[Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637 (d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637 (d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (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.

__ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41) (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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S. C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Actfor Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U. S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637

(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U. S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiv) 52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xx)

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

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

(xxi) 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. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer, Dana Western, and shall not be binding until so approved.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days

(End of clause)

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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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)

52.252-2 Clauses Incorporated By Reference (Feb 1998)

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

www.acquisition.gov

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. "Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.] https://wawf.eb.mil/ https://wawf.eb.mil/

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Field Name in WAWF Data to be entered in

WAWF

Pay Official DoDAAC F4BPL0 Issue by DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC F4BPL0 Ship to…