A19. RFQ-75D301-2024-Q-77780.pdf

COMBINED SYNOPSIS/SOLICITATION FOR LACTATION SUPPORT SERVICES

Solicitation Number: 75D301‐24‐Q‐77780

PART 1 – INTRODUCTION

The Centers for Disease Control and Prevention (CDC) Office of Human Resources (OHR) has a requirement for Lactation Support.

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Federal Acquisition Regulation (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 separate written solicitation will not be issued.

(ii) The solicitation number is 75D301-24-Q-77780. This solicitation is issued as a Request for Quotation (RFQ), in accordance with the terms of FAR 13.5, Simplified Acquisition Procedures for Certain Commercial Items of and FAR Part 12, Commercial Items.

(iii) The solicitation document/incorporated provisions and clauses are those in effect through the current Federal Acquisition Circular: FAC 2023-04, dated 05/22/2024.

(iv) This is a 100% small business set-aside. The associated North American Industry Classification System (NAICS) Code is 611710 – Educational Support Services; Small Business Size Standard is $24.5M.

PART 2 –PRICING SHEET/LINE ITEM STRUCTURE

The Government respectfully requests any discount that would be offered to an offeror’s most favorable customer.

(v) The offeror shall fill out the following pricing sheet for the procurement of lactation consultation support services.

Line Items

Base Period -7/30/2024 -7/29/2025 :

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Lactation Program Support

The contractor shall provide all labor, tools, materials and equipment necessary to perform lactation support services in accordance with the Performance Work Statement.

This is a fixed price, severable line item.

12 Months $_________ $______________

Option Period 1- 7/30/2025-7/29/2026:

1001 Lactation Program Support equipment necessary to perform lactation support services in accordance with the Performance Work Statement.

This is a fixed price, severable

12 Months $_________ $_______________

Option Period 2 - 7/30/2026 -7/29/2027:

2001 Lactation Program Support equipment necessary to perform lactation support services in accordance with the Performance Work Statement.

This is a fixed price, severable

Option Period 3 -7/30/2027-7/29/2028:

3001 Lactation Program Support equipment necessary to perform lactation support services in accordance with the Performance Work Statement.

This is a fixed price, severable

Option Period 4 – 7/30/2028-7/29/2029:

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT

PRICE

EXTENDED

PRICE

4001 Lactation Program Support

The contractor shall provide all labor, tools, materials and equipment necessary to perform lactation support services in accordance with the Performance Work Statement.

This is a fixed price, severable line item.

12 Months NOT TO

EXCEED:

PART 3 – Requirements

Statement of Work

Title: Atlanta Lactation Program

Period of performance of this contract is: 7/30/2024 to 7/29/2029 Base Period: 7/30/2024 to 7/29/2025 Option Period One: 7/30/2025 to 7/29/2026 Option Period Two: 7/30/2026 to 7/29/2027 Option Period Three: 7/30/2027 to 7/29/2028 Option Period Four: 7/30/2028 to 7/29/2029

SECTION 1 – BACKGROUND

Breastfeeding offers important health benefits to the nursing infant. The American Academy of Pediatrics (AAP) recommends that infants be exclusively breastfed for about the first 6 months with continued breastfeeding alongside introduction of appropriate complementary foods for l year or longer. The World Health Organization also recommends exclusively breastfeeding up to 6 months of age with continued breastfeeding along with appropriate complementary foods up to 2 years of age or beyond. Healthy People 2020 goals are that 82% of all mothers initiate breastfeeding, 61% continue to breastfeed for at least 6 months, and 34% of moms are nursing at age one. For a number of years CDC has provided a lactation support program for women who have recently given birth and have committed to continue breastfeeding after returning to work.

Our 2017 program statistics indicate 16% of participants' breastfed at least 6 months and 66% breastfed 12 months or more. CDC views this program as being highly effective and offers many advantages for both infant and mother, which include the following: (a) breastfeeding offers important health benefits to the nursing infant and mother; (b) breastfed infants are healthier; (c) and mothers who participate in this program miss work less often and transition back to work more easily decreasing the duration of maternity leave. Providing the lactation support program demonstrates a commitment to families and employees and demonstrates leadership in promoting maternal and child health thus actively supporting the CDC mission. Since program inception, CDC management has confirmed their commitment to provide a supportive environment, equipment, facilities, and lactation support by offering a superior program to employees.

The lactation program is an essential component of our Work Life Programs available to help employee's better balance work and personal responsibilities. In addition, it can reduce staff turnover and help retain skilled employees after the birth of a child. Due to continued growth of this program and the high percentage of employee's breastfeeding beyond one year, the program was expanded to provide prenatal breastfeeding classes every other month and monthly breastfeeding discussion groups. Our classes and discussion groups continue to experience increased enrollment further enforcing the need for program expansion. The monthly discussion groups provide open dialogue to allow expectant mothers and mothers of nursing infants and toddlers to establish a network of support, discuss various stages of breastfeeding, share information and solutions, and advocate an employer-friendly breastfeeding environment. The peer-to-peer support provided by the monthly discussion group has shown to be one of the most crucial components in the sharing of breastfeeding experience. Education of new mothers and their partners and social support of employer-supported programs such as this will assist in increasing breastfeeding rates. Research continues to indicate new benefits of breastfeeding that only add to the many reasons why a program of this nature is imperative in the Federal workforce.

SECTION 2 – PURPOSE/OBJECTIVE

The lactation program is an essential component of our Work Life Programs available to help employee's better balance work and personal responsibilities. In addition, it can reduce staff turnover and help retain skilled employees after the birth of a child. Due to continued growth of this program and the high percentage of employee's breastfeeding beyond one year, the program was expanded to provide prenatal breastfeeding classes every other month and monthly breastfeeding discussion groups. Our classes and discussion groups continue to experience increased enrollment further enforcing the need for program expansion. The monthly discussion groups provide open dialogue to allow expectant mothers and mothers of nursing infants and toddlers to establish a network of support, discuss various stages of breastfeeding, share information and solutions, and advocate an employer-friendly breastfeeding environment. The peer-to-peer support provided by the monthly discussion group has shown to be one of the most crucial components in the sharing of breastfeeding experience. Education of new mothers and their partners and social support of employer-supported programs such as this will assist in increasing breastfeeding rates. Research continues to indicate new benefits of breastfeeding that only add to the many reasons why a program of this nature is imperative in the Federal workforce.

SECTION 3 – SCOPE OF WORK

The Contractor shall furnish all personnel, equipment, materials, supplies, and transportation, unless otherwise specified, to provide ongoing lactation support services, as described herein, for female CDC employees and Commissioned Corps Officers who are breastfeeding, are in the process of transitioning back to work, and those who have returned to work and are continuing to provide breast milk for their child.

SECTION 4 – TASKS TO BE PERFORMED

The Contractor shall provide high quality electric breast pumps; conduct breastfeeding classes and discussion groups; provide return-to-work consultations; and furnish educational materials to CDC employees enrolled in the Lactation Support Program. The Contractor shall also be required to provide promotional literature to CDC in support of the Program. With program statistics indicating the majority of participants are located in the metropolitan Atlanta area, the contractor must provide a local certified lactation consultant in order to conduct the on-site classes, discussion groups, and one-on-one consultations. The same program will be provided for all eligible employees at all CDC locations.

The Contractor shall provide the following:

Task 1: Equipment

1. Multiple-use, hospital-grade electric breast pumps, manufactured by Medela, Model No.

016SO I, or equal, will be provided for participating employees at their work location.

Pumps must meet the following salient features: 100/240

a. VAC, 50-60-HZ

b. Adjustable pumping speed

c. Adjustable vacuum Automatic

d. Suction Action Double

e. Pumping system

Lactation rooms will be provided at locations with program participants. Participants will provide their own personal kits to be used with the breast pump. These rooms will have an electric breast pump, comfortable chair, table, refrigerator, electrical outlet, lockable door, phone, and foot stool. For participants who do not have reasonable access to breast- pumping rooms and/or do not have an office that allows for enough privacy for breast- pumping, the Government will arrange for temporary use of a room.

There are currently forty-three lactation rooms provided nationwide for employees use at the following locations:

Roybal Campus, Corporate Square, Chamblee, Century Center, District of Chamblee

Field Locations Hyattsville, MD Cincinnati, OH Research Triangle Park, NC Morgantown, WV Pittsburgh, PA Fort Collins, CO San Juan, PR Washington, DC

The Contractor shall be responsible for ensuring proper functional condition of pumps furnished.

When pumps require replacement, they must be replaced by the contractor within 24 hours. Any delivery and/or shipping costs associated with providing pumps at the locations listed shall be the Contractor's responsibility and shall be at no additional cost to the Government. Return of equipment to the Contractor will be the Government's responsibility.

Task 2: Prenatal Breastfeeding Classes

1. Expectant mothers and/or the expectant spouse/partner/significant other of employees may attend breastfeeding classes (provided by the contractor) prior to delivery. Group classes shall be scheduled six times a year and conducted by an accredited lactation professional. Each class shall be approximately two and a half hours in duration. Classes will provide the following:

a. Information on the importance of breastfeeding

b. Health benefits for infant, mother, and society

c. Preparing to breastfeed

d. Latching the baby

e. Positioning the baby at breast

f. Milk production

g. Comforting techniques

h. Returning to work and breastfeeding

i. Choosing a breast pump

Basic techniques of breastfeeding, common problems, and solutions shall also be discussed.

Educational materials must include a current book on breastfeeding for each expectant mother on the basic knowledge of breastfeeding, pumping, storage, nutritional information, etc. For CDC participants located in the metropolitan Atlanta area, necessary space to accommodate the Contractor and class attendees will be provided by the Government. For facilities located outside the metropolitan Atlanta area, training may be provided at the participants' work site, where and when available; via Government-furnished Envision, where and when available; via Government- furnished DVDs; or Contractor-furnished telephones. No travel expenses will be paid to the contractor by CDC.

Task 3: Breastfeeding Discussions Groups (Monthly forums)

1. The contractor shall conduct one onsite forum each month facilitating open discussion by mothers of nursing infants and toddlers to share best practices. The goal of these discussion groups is to continue to expand the nursing mother's network and to provide ongoing support and encouragement. Each forum shall be approximately one to two hours in duration. Forums may be scheduled at various CDC facilities, to include field sites, and shall be conducted by the lactation consultant serving that specific location.

Necessary space to accommodate the contractor and participants for these discussions will be provided by the Government. Participants at field sites may participate by conference call or Envision/lPTV, when available.

Task 4: Post-Partum Private Consultation

1. The Contractor shall provide an accredited lactation professional for conducting a one-on-one counseling session with the participant at their work site or via phone. If participant is located outside the metropolitan Atlanta area, the Contractor may conduct the counseling via Contractor- furnished telephone, opposed to a one-on- one session at the participants work site. Each participant is entitled to a 1.5 hours maximum post-partum session. The counseling session shall be conducted approximately two weeks prior to the participant returning to work. The session will include, at a minimum, information on the use of the pump, establishing pumping schedules, and answering general questions/addressing specific concerns of the employee. No travel expenses will be paid to the contractor by CDC.

Task 5: Lactation Support Services

1. Promotional Materials

a. The Contractor shall provide 50 copies of published promotional posters to CDC within 14 days after receipt of the contract for the CDC Contracting Officer Representative to distribute to multiple field site locations for program promotion.

2. Consultation with Phone Support

a. An accredited lactation professional shall provide return-to-work consultations and unlimited phone support to participants in the program. Use of current technology (i.e., Teams, FaceTime, etc.) to evaluate nursing issues with program participants may be utilized by the contractor, when available.

b. The Contractor shall provide a telephone number with voice mail and email address for employees to contact during the hours of 8:00 a.m.-5:00 p.m. EST, Monday through Friday, excluding Federal holidays. Phone support shall address breastfeeding questions and problems during the post-partum period and be available if the participant mother is breastfeeding.

c. The Government will provide a small work area at Corporate Square, building 11 the Contractor may use for conducting on-site consultations and making local phone calls. This area will be equipped with a small workstation, chair, and phone and will be available to the Contractor from 7:00 a.m. to 7:00p.m.

Task 6: Reports

1. The Contractor shall provide in Excel format the following reports, in the quantities, and within the time frames specified:

a. A monthly status report shall be submitted with each invoice. The report should summarize the total number of participants in each of the following categories;

CDC campus/location of participants, employment status (FTE, Commissioned Corps or Contractor), current participant status (expecting, maternity leave, pumping), pumping location (lactation room or office), pump utilization (personal or CDC pump), status of return-to-work consult (pending, date completed, not eligible, declined), number of employees that attended monthly Breastfeeding Discussion Group and Breastfeeding Class (if conducted), and program exit date for any participants who ceased nursing and ended program participation.

b. A quarterly report shall be submitted no later than 15 calendar days after the end of each quarter. The first quarter shall commence the date after receipt of the contract. The report shall consist of the following information as of the end of each quarter: the number of participants who attended breastfeeding classes during the quarter; current number of employees enrolled in program by their work location; number of breast pumps in use and location (CDC campus and/or city/state/country); number of participants using lactation rooms; number of return-to- work consults conducted; number of participants who attended monthly discussion groups; number of phone consults by lactation consultant for each month of the quarter.

c. An Annual Report shall be submitted no later than 15 calendar days after the end of the each year of performance. The report shall consolidate activities for the year. Report shall include the total number of participants who enrolled in the Program during the year; total number of breastfeeding class participants during the year shown by class month; total number of participants who attended the monthly breastfeeding discussion groups during the year shown by month; total number of participants who used the lactation rooms and private offices; total number who used lactation room pumps and pump locations; number that exited the program during the year and length of time employee breastfed and/or pumped.

SUBSECTION A – PERFORMANCE MATRIX

PERFORMANCE

OBJECTIVE

ACCEPTABLE

QUALITY

LEVELS (AQLs)

MONITOING

METHOD

INCENTIVES/DISINCENTIVES

The contractor shall conduct Prenatal Breastfeeding Classes

Group classes shall be scheduled six times a year and conducted by an accredited lactation professional

Compliance will be validated by

COR/WRO

Project Officer

CPARS will be utilized to document quality of contractor performance and may be used as consideration when deciding whether or not to exercise an option period.

The contractor shall conduct Breastfeeding Discussions Groups

Onsite forum each month facilitating open discussion by mothers of nursing infants and toddlers to share best practices

Compliance will be validated by

COR/WRO

Project Officer

CPARS will be utilized to document quality of contractor performance and may be used as consideration when deciding whether or not to exercise an option period.

SECTION 5 – GOVERNMENT FURNISHED PROPERTY

The government may furnish property (e.g., workstations, phones, laptop computers, cell phones, laboratory and field equipment and supplies, etc.) to accomplish work at duty or telework location. All equipment, workstations, laptops and cell phones assigned to contract staff must be documented on appropriate CDC forms and/or property management systems. Out-processing must be conducted as each contract staff member leaves to retrieve all property and equipment.

Contractor has responsibility of returning all property.

SECTION 6 – PLACE OF PERFORMANCE AND CONTRACT SUPPORT HOURS

SUBSECTION A – PLACE OF PERFORMANCE

Work will be performed remotely.

SUBSECTION B – CONTRACT SUPPORT HOURS

The core hours of operation for the contractor shall be Monday through Friday, 8:00 am- 4:30pm, 52 weeks per year, excluding Federal holidays.

SECTION 7 – TRAVEL

No travel expenses will be paid to the contractor by CDC.

SECTION 8 – DELIVERABLES/REPORTING SCHEDULE

Task Deliverable Quantity Delivery

Method Deliver To Due Date

1 Monthly Reporting

12 Electronically via E-mail

COR/WRO

Project Officer

Monthly

2 Quarterly Reporting

4 Electronically via E-mail

COR/WRO

Project Officer

Quarterly

3 Annual Reporting

1 Electronically via E-mail

COR/WRO

Project Officer

Yearly

SECTION 9 – MINIMUM VENDOR QUALIFICATIONS

Offeror shall demonstrate the following requirements by submitting data with their offer:

a. Ability to successfully provide corporate lactation support services as described in the Statement of Work.

b. Resumes of accredited Lactation Professionals who will be performing work under the contract. Lactation Professionals performing work under this contract shall be certified as a Lactation Educator; or as a Lactation Consultant; or by IBCLC and have a minimum of five years of experience in providing Corporate Lactation Support Services nationwide and overseas for a large organization. Copies of certifications for proposed Lactation Professionals must be submitted within 30 days of contract acceptance.

c. Successful offeror must be experienced in providing Corporate Lactation Support Programs, similar to the Performance Work Statement and have a minimum of five (5) years successful past performance in providing same.

d. Names and addresses of clients during the past five years and a description of services provided. Include the name, address, and telephone number of a contact person.

e. Offeror shall submit one (I) sample of each type of promotional literature (i.e., posters, brochures) to be used for program promotion and one (1) sample of each type of educational material to be provided to program participants in performing the described services.

SECTION 10 – ADDITIONAL REQUIREMENTS

(Start of verbiage)

Electronic and Information Technology Accessibility

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at https://www.access-board.gov/ict/.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.

205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria 502 Inoperability with Assistive Technology 504 Authoring Tools 602 Support Documentation 603 Support Services

In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and documentation detail - whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508. Offerors may alternatively provide a Section 508 Accessibility conformance report (ACR) as described at www.section508.gov.

In order to facilitate the Government's determination whether proposed EIT services meet applicable Section 508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(e) Electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov/ or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/index.html. Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

(End of verbiage) Requirements for Procurements Involving Privacy

Appropriate security controls and Rules of Behavior should be incorporated to protect the confidentiality of information, proprietary, sensitive, and Personally Identifiable Information (PII) the Contractor may come in contact with during the performance of this contract.

PART 4 – PROVISIONS AND CLAUSES

The following Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition Regulation (HHSAR) clauses apply to this acquisition. FAR clauses and provisions can be obtained at https://www.acquisition.gov/far/index.html.

(viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

(ix) The evaluation procedures to be used in this procurement can be found in Part 5 of this solicitation.

(x) Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

(xi) As found in the clauses incorporated by reference below, 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

FAR SOURCE TITLE AND DATE

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Oct 2020) 52.212-4 Contract Terms and Conditions- Commercial Items (Dec 2022) 52.232-39

Unenforceability of Unauthorized Obligations (Jun 2013)

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

52.232-40

Providing Accelerated Payments to Small Business Contractors (Mar 2023)

FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE. (Feb 1998)

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://www.hhs.gov/policies/hhsar/subpart301-1.html

(End of Clause)

(xii) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

[Contracting Officer check as appropriate.]

_X_ (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 2016) (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).

__ (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 (Jul

2013) (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] _X_ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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—Subcon-tracting 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 (Nov

2011) (15 U.S.C. 657 f).

_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).

_ X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

_ X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

__ (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 (Mar 2015) (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. 552a).

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

_ X_ (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 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X_ (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 Act for 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 (Jul

2013) (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)(12)).

__ (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.

(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:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xiii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision.