A20 - RFQ N0042122Q0026.pdf

TEST PILOT SCHOOL

LCDR RYAN BRACK

HANGAR 110,

22783 CEDAR POINT ROAD,

BLDG. 2168 USNTPS

PATUXENT RIVER MD 20670

TEL: 301-342-0258 FAX:

1300967277

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

N0042122Q0026 04-Nov-2021 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

NAWCAD PROCUREMENT GROUP

21983 BUNDY ROAD, BLDG 441

PATUXENT RIVER MD 20670

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

10-Nov-2021(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

571-358-2405ASHLEY KENDIG

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

N0042122Q0026

Section A - Solicitation/Contract Form

SOLICITATION /CONTRACT FORM

All quotes/responses shall be submitted via email to Ashley Kendig at Ashley.r.kendig.civ@us.navy.mil and Joe Merritt at Joe.r.Merritt.civ@us.navy.mil no later than 2 pm Eastern Standard Time on 10 November 2021.

Request for Quote (RFQ) Number N0042122Q0026 is issued as intent to sole source. The Government intends to purchase on a firm fixed-priced basis, and to solicit and negotiate the proposed purchase order on a sole source basis with Army Aviation Heritage Foundation for the U.S. Naval Test Pilot School (USNTPS) Flight Demonstration Flight Support of its Qualitative Evaluation Flight Exercise (13 demonstration flight hours in two (2) AH-1F). Under the authority of FAR Part 12 and FAR Part 13, this announcement is a Request for Quote (RFQ). Offeror’s must be registered in System for Award Management (Beta-SAM) Database prior to submission of a quote to be considered for award of any Department of Defense Contract. This can be accomplished electronically at https://beta.sam.gov/vendor.cfm The Government will not pay for any information received.

***NOTE: To be considered eligible, the vendor must fill-in and sign provisional FAR Clause 52.204-24 and FAR 52.204-26 provided in Section K of this RFQ.

***Basis for Award*** The Government intends to award this purchase order on a Sole Source basis. This notice of intent is not a request for competitive quotes. However, all quotes will be considered and MUST be received no later than 2 PM EST 10 November 2021. A determination by the Government not to compete this proposed contract upon the responses to this notice is solely within the discretion of the Government. This is a firm fixed-price procurement; therefore, the offeror’s initial offer should represent the vendor’s best quote in terms of price and technical acceptability. The Government will not pay for any information received.

***Instructions to offeror’s*** Please include the following information with your response:

1. FOB: (Destination Preferred)

2. Shipping Cost if applicable (20670)

3. Tax ID#

4. Dun & Bradstreet #

5. Cage Code:

6. Small Business Yes___ No___

7. Estimated Delivery Date

8. If available on a Pricelist please provide a copy.

9. Total Amount: __________________________ U.S. Government ~ Tax Exempt

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot TPS QE AH-1F Ferry Flight

FFP

Total Ferry Flight costs for the AH-1F aircrafts to support the Test Pilot School Qual Eval exercise POP: 6-17 December 2021 Source funds: 1721804;4A2A FED/WCD: 30 September 2022 FOB: Destination

PURCHASE REQUEST NUMBER: 1300967277

PSC CD: U099

NET AMT

0002 1 Lot TPS QE AH-1F Flight Hours

FFP

Flight Hours for the AH-1F aircrafts to support the Test Pilot School Qual Eval exercise (13 Hours) POP: 6-17 December 2021 Source funds: 1721804;4A2A FED/WCD: 30 September 2022 FOB: Destination

0003 1 Lot TPS QE AH-1F Travel Costs

FFP

Total Travel costs for the AH-1F aircrafts to support the Test Pilot School Qual Eval exercise POP: 6-17 December 2021 Source funds: 1721804;4A2A FED/WCD: 30 September 2022 FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

Performance Based Statement of Work For U. S. Naval Test Pilot School

USNTPS QUALITATIVE EVALUATION

1.0 Introduction: The U. S. Naval Test Pilot School (USNTPS) is acquiring flight demonstration flight hours in support of a Qualitative Evaluation flight exercise.

2.0 Background: The USNTPS trains engineering flight test pilots and flight test engineers for the Department of Defense, Department of Homeland Security, and international flight test organizations. The Qualitative Evaluation (QE) Program institutionalized within the USNTPS is a major facet of the curriculum that provides a wide variety of aircraft with differing flying qualities and performance characteristics to the students. The training augments and rounds the education received in aircraft that are organic to USNTPS. Prior to participation in the QE Program at USNTPS, an inspection of the contractor’s equipment, maintenance practices, and flight discipline must be completed. This inspection was conducted by USNTPS staff personnel at the contractor’s place of business.

3.0 Scope:

3.1. The contractor shall provide up to 13 demonstration flight hours in two (2) AH-1F aircraft to USNTPS student and instructor pilots to support the QE exercise. The flights are planned to be conducted 6-17 December 2021.

3.2. Flight demonstrations shall take place at NAS Patuxent River, MD; requiring the contractor to ferry the aircraft. The total flight hours in Section 3.1 above do not include the ferry time required for transporting the aircraft to and from NAS Patuxent River. Ferry time for one flight from the contactor’s location to Patuxent River and a return flight to the contractor’s location for each aircraft will be priced at a fixed rate. Travel expenses for all required contractor personnel supporting the demonstration flights will be costed separately and will be in accordance with Joint Travel Regulations.

4.0 Applicable Documents. The contractor is responsible for review and adherence to the following applicable documents, as they apply to this contract:

4.1. SECNAVINST 3770.1 Series: Use of Department of the Navy Aviation Facilities by Other Than United States Department of Defense Aircraft

4.2. CNAF-M 3710.7 Series: NATOPS General Flight and Operating Procedures

4.3. UNSTPSINST 3710.2 Series: Visiting Aircraft Standard Operating Procedures

4.4. USNTPSINST 3710.3 Series: Qualitative Evaluation Program

5.0 Period of Performance. The period of performance for this Qualitative Evaluation planned for 6-17 December 2021.

6.0 Aircraft Requirements.

6.1. Two (2) AH-1F aircraft required to complete up to 13.0 hours of student/instructor flight demonstration exercises.

6.2. Aircraft is to be configured with dual flight controls capable of being flown from the either seat.

6.3. The aircraft is to be an FAA-approved configuration.

7.0 Safety Pilot Requirements. A contractor or contractor-approved pilot-in-command (hereafter referred to as the safety pilot) is required. The safety pilot(s) are/is to be FAA Certified Commercial Pilot rated in the AH-1F aircraft. In addition to all applicable Federal Aviation Regulations, the minimum qualifications for the contractor furnished safety pilot are:

7.1. A minimum of 500 flight hours.

7.2. A minimum of 250 flight hours first pilot time in airplanes.

7.3. A minimum of 50 hours in the AH-1F, with not less than 5 hours in the AH-1F within the previous 60 days prior to flight operations at Patuxent River, MD.

7.4. Must have a current FAA Commercial pilot certificate with current medical qualifications and required aircraft certifications.

7.5. An initial safety pilot qualification flight and NAS Patuxent River local area familiarization will be completed prior to student flights, these flight are executed concurrent with hours specified in paragraph 6.1 at cost specified in paragraph

9.0. If the safety pilot has flown demonstration flights with USNTPS within the preceding year, the initial safety pilot qualification flight is not required.

8.0 Performance Requirements. During the flights, the flying qualities, performance characteristics and onboard systems will be evaluated throughout the aircraft operating envelope.

The safety pilot shall be in the aircraft for all flights and shall act as the pilot-in-command.

Contractor support services shall include:

8.1. A thorough 1-hour briefing for all USNTPS personnel covering aircraft systems, limitations, procedures, and safety.

8.1.1. Contractor shall provide a second briefing if required due to personnel scheduling conflicts

8.2. A contractor provided safety pilot to act as the pilot-in-command for all flights.

8.2.1. Records of safety pilot to be furnished to USNTPS Flight Operations.

8.3. Maintenance, oil, special equipment, and any other support services associated with the operation of the aircraft (logistics and maintenance support).

8.3.1. The contractor shall comply with Federal regulations for all hazardous material as found in the Code of Federal Regulations (CFR), Title 40, Parts 260-265, 270, 300 and state regulations for hazardous wastes found in the Code of Maryland Regulations (COMAR), Title 10, Subtitle 26. The contractor shall be responsible for transportation, accumulation, and turn-in of regulated and hazardous waste, waste oils/fuels if not previously agreed to. Material safety data sheets for all hazardous materials brought on station will be mailed to USNTPS, Hazardous Waste Program Manager, Code 55TP91A, at least two weeks prior to arrival.

8.4. Any flight gear specific to the aircraft type.

8.5. Two (2) fully operational AH-1F aircraft.

8.5.1. The provided aircraft must meet applicable FAA standards for the appropriate category and class.

8.5.2. The aircraft must be authorized to operate on one of the two fuels provided: JP-5 or JP-8.

8.5.3. Satisfies all scheduled and required maintenance periods such that the aircraft will be available throughout the contracted flight hour period and calendar duration for each demonstration/evaluation period.

8.6. Access to the aircraft and associated maintenance records and logs for inspection by USNTPS during the period of performance.

8.7. Demonstration flight(s) totaling up to 13.0 hours for USNTPS student/instructor exercise to be conducted at NAS Patuxent River, MD.

9.0 During demonstration flights, USNTPS will pay the ‘dry” flight hour rate for actual flight time. Actual flight time for reporting purposes is defined in CNAF-M 3710.7 Series. The “dry” rate includes all costs for the Safety Pilot, airplane usage, and maintenance. USNTPS and HX-21 will provide either JP-5 or JP-8 during the demonstration flight only. Flight hour costs for the ferry time to and from NAS Patuxent River will be based on contractor provided fuel. USNTPS will provide hangar and flight line space for the duration of the demonstration flight period. In the event the aircraft requires extended maintenance, hangar space will be provided for up to two additional weeks. It remains the responsibility of the contractor to provide the maintenance of the aircraft. Government provided maintenance personnel will assist with aircraft movement into and out of the hangar. At the discretion of the USNTPS or HX-21 Maintenance Officer, limited maintenance assistance may be provided for routine maintenance tasks; however, USNTPS and HX-21 will not be held liable for their actions.

10.0 The contractor maintains liability for any damage or loss of the aircraft and third party liability.

10.1. Current insurance, permitting requirements, and necessary forms are defined by

SECNAVINST 3770.1 Series. Requirements and forms can be obtained via the following website:

http://www.navfac.navy.mil/products_and_services/am/products_and_services/af l/getting_started.html

10.2. Note that when DD Form 2400 states a Combined Single Limit amount and then follows it with the phrase "sublimited to $100,000 per passenger", the stated amount (e.g. $1,000,000) is the total coverage and the $100,000 per passenger is within the $1,000,000, not in addition to it. This would mean that the coverage would not meet the minimum requirement. As an example, for a small aircraft with 3 passenger seats, the minimum is $500,000 bodily injury plus $500,000 property damage plus $300,000 for passenger seats, for a total of $1,300,000.

Bodily Injury

PLUS

Property Damage

PLUS

Per

Passenger Seat

Minimum

Aircraft less than 12,500 lbs MGTOW

$500,000 PLUS $500,000 PLUS $100,000

$1,000,000 PL

US $100,000 per passenger seat

Aircraft 12,500 lbs and greater

MGTOW

$1,000,000 PLUS $1,000,000 PLUS $100,000

$2,000,000 PLUS

$100,000 per passenger seat (1)

(1) A percentage reduction applies

10.5 Minimum insurance requirements and landing permits must be received and verified prior to transit to and landing at NAS Patuxent River. Send original blue-ink signed copies of insurance certifications and civil aircraft landing permit applications to:

Mr. Theodore Gundling Air Operations 47795 Jackson Road Patuxent River, MD 20670

(V) (301) 342-7968 theodore.gundling.ctr@navy.mil

10.4 Copies of pilot qualifications, along with confirmation of submitted landing permit and insurance shall be sent to USNTPS Flight Operations. USNTPS Flight Operations will issue the Prior Permission Required authorization number to the contractor after all paperwork has been confirmed.

US Naval Test Pilot School Operations Ms. Crystal Bresinger

(V) (301) 757-5040

(F) (301) 342-5940 crystal.m.brensinger.civ@us.navy.mil

10.4 The USNTPS QE Program Manager is:

LCDR Ryan Brack

(W) (301) 995-7807 ryan.brack@navy.mil

11.0 Standards of Quality and Timeliness

PBSOW

Paragraph Performance

Objective Performance

Standard Acceptable Quality

Level Method of

Surveillance

8.1 Flight Briefing Thorough 1-hr briefing

covering aircraft systems limitations, procedures and safety.

Thorough briefing provided to USNTPS/HX aircrew prior to flight demonstration.

Government Observation & Analysis

8.2 Safety Pilot provided

to act as Pilot-in- Command

Safety Pilot must meet minimum qualifications as specified in Paragraph 7.0.

Safety Pilot meets 100% of requirements.

Government Observation & Analysis of applicable documents

8.3 Maintenance, oil, special equipment, and other support services

All services required to maintain aircraft to execute the flight demonstrations.

100% of services provided

Government Observation & Analysis

8.4 Provide any flight

gear specific to the aircraft type

All required flight gear provided.

100% of gear provided Government Observation & Analysis

8.5 Two (2) fully

Operational AH-1F aircraft

Provided aircraft must meet applicable FAA standards for the appropriate category and class, and as stated in paragraph 6.0.

Aircraft meets 100% of applicable FAA standards.

Government Observation & Analysis

8.6 Maintenance Logs

and Inspections

Accessibility for USNTPS to review aircraft logs, maintenance records, and perform an aircraft inspection (as required).

Full compliance Government Observation & Analysis

8.7 Demonstration Flight

Hours

Provide up to 13.0 demonstration flight hours to USNTPS/HX-21 aircrew.

Flight hours provided. Government Observation & Analysis

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 06-DEC-2021 TO

17-DEC-2021

N/A TEST PILOT SCHOOL

LCDR RYAN BRACK

HANGAR 110,

22783 CEDAR POINT ROAD,

BLDG. 2168 USNTPS

PATUXENT RIVER MD 20670

301-342-0258 FOB: Destination

N00421

0002 POP 06-DEC-2021 TO

17-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 06-DEC-2021 TO

17-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

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—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invice and Receive Report_____________________________________________

(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.

N/A______________________________________________________

(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.

(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.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N64142

Issue By DoDAAC N00421

Admin DoDAAC** N00421

Inspect By DoDAAC N00421

Ship To Code N00421

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N00421

Service Acceptor (DoDAAC) N00421

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Ryan Brack 301-342-0258 Ryan.j.brack.mil@us.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

G-TXT-0001 PAYMENT INSTRUCTIONS (APR 2018)

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request Supply Service Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under Time-and- Materials and Labor- Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments; Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and

52.232-6, Payments under Communication Service Contracts with Common Carriers deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

X X N/A Specified in approved payment.

The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance-Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment.

The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

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

FEB 2016

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-21 Requirements OCT 1995 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.223-7004 Drug Free Work Force SEP 1988

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

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: https://www.acquisition.gov/browse/index/far

252.223-7999 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(DEVIATION 2021-O0009) (OCT 2021)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

Section K - Representations, Certifications and Other Statements of Offerors

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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) Representations. 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. If the Offeror has responded "does" in the representation in paragraph (d)(2) 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 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)(2) 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 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)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have 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) Representations.

(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)