Alabama RFQ 5-22.docx

FEDERAL BUREAU OF INVESTIGATION

FINANCE DIVISION | PROCUREMENT SECTION

Request for Quotation (RFQ)

RFQ #002386

Date: May 22, 2024

From: Federal Bureau of Investigation (FBI)/ Finance Division

Subject: Antenna and Line Replacement

The FBI Procurement Section is issuing this RFQ to solicit for the purpose of entering into a contract to provide commercial services for the installation/removal of antennas and related equipment at a radio site in Morriston, Florida.

The Contractor shall advise via a timeline what they expect the period of performance for this requirement to consist of after receipt of an order.

The NAICs code for this requirement is 237130, Power and Communication Line and Related Structure Construction. The Business size standard is $45 million dollars.

This requirement is set aside for small business.

Contractors interested in competing for this effort may participate by submitting a quote in accordance with the procedures set forth in this RFQ.

Questions Are Due: May 29, 2024, 11:00 AM EST

Quotes Must Be Submitted No Later Than: June 3, 2024, 11:00 AM EST

REQUEST FOR QUOTE (RFQ)

RFQ #15F06721Q0000363

In support of:

Operational Technology Division (OTD)

NAICS Code: 237130 Small Business Standard: $45 Million Conducted Under FAR PART 12

Issued by:

U.S Department of Justice Federal Bureau of Investigation Information Technology Acquisitions Unit (ITAU) 4940 Fowler Road Huntsville, AL 35898

May 22, 2024

The Federal Bureau of Investigation’s (FBI) Operational Technology Division (OTD) has a requirement for the removal and replacement of antennas and coax line on the Monroeville, Tuskegee, WHOA, and WLWI radio tower sites.

This is a contract to provide technical services for the installation of antenna and coax line at the Monroeville, Tuskegee, WHOA and the WLWI radio tower sites to the Federal Bureau of Investigation (FBI) Operational Technology Division (OTD). The contractor shall provide services to install the antennas and lines on Government leased tower space in accordance with the specifications identified in this document.

2.2 BACKGROUND

The FBI Mobile Field Office (MOFO) has identified the need for the installation or replacement of antennas and coax with associated hardware on the Monroeville, Tuskegee, WHOA and WLWI radio tower sites. The FBI Radio Program has four sites. The Monroeville Tower (MO-047), is located at 2418 Old Salem Road, Monroeville, AL 36460; Tuskegee Tower (MO-018) is located at 474 Old Franklin Road, Tuskegee, AL 36083; WHOA Tower (MO-067) is located at 3251 Harrison Road, Montgomery, AL 36109 and the WLWI Tower (MO-051) is located at 1200 Dunbarton Road, Montgomery, AL 36117 The antennas and coax will support the radio equipment on each of these sites.

2.3 SCOPE OF WORK

This will be a non-personal services contract. The Government shall not exercise any super vision or control over Contractor employees performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2.3.1 Requirements

The Government anticipates installation services being performed prior to May 02, 2024. The Contractor shall supply the specified materials and labor to complete the following antenna and coax installations at the four radio tower sites, Monroeville, Tuskegee, WHOA and WLWI:

Monroeville (MO-047)

· Install 1 new Sinclair (top mounted SD214-HF2P2SNM (D00B) element dipole antenna @ 500 FT on new mount at 360 degree point.

· Install 1 7/8” run of Foam Cellflex cable.

· Remove and dispose of one antenna and run of coax from tower. This is a side mounted “White Stick) antenna mounted at 450FT.

· Sweep test line and provide results to FBI.

· Remove any debris from site and dispose of accordingly.

· Obtain necessary permit required for the work.

Vendor shall supply antenna mounts and stand-offs, snap-in feedline retainers, and hoisting grips needed for this installation.

The Government will supply the feedline, antenna, terminations, grounding kit and weather seal.

Tuskegee (MO-018)

· Install 1 new Sinclair SD214-SF2P2SNM4 element dipole antenna @ 275 FT at the 360 degree point.

· Install 1 run 7/8” Foam Cellflex feed line (LCF78-50JAA7) and secure to tower.

· Sweep test the feedline and antenna and provide results to the FBI.

· Properly dispose of any trash or debris from site.

· Obtain necessary permit required for the work.

Vendor shall supply antenna mounts and stand-offs and snap-in feedline retainers needed for this installation.

The Government will supply feedline, antenna, terminations, grounding kit, Hoisting Grips and weather seal.

WHOA (MO-067)

· Remove existing antenna and feedline. Antenna is mounted at 500FT and feedline is roughly 550FT in length.

· Install 1 new Sinclair SD214-SF2P2SNM4 element dipole at 500FT at the 360 degree point.

· Install 1 run of 1 – 5/8” Foam Cellflex cable (LCF158-50JAA7), roughly 550Ft in length.

· Sweep test the feedline and antenna once completed and provide results to the FBi.

· Obtain the necessary permit required for the work.

· Remove any trash and debris from site and dispose of accordingly.

Vendor shall supply the antenna mounts, stand offs, and snap-in feedline retainers.

The Government will supply the feedline, antenna, terminations, grounding kit, Hoisting Grips and weather seal.

WLWI (MO-051)

· Remove existing antenna and feedline. Antenna is mounted at 800FT, feedline is roughly 840FT in length.

· Install new Sinclair SD214-SF2P2SNM4 element dipole antenna at 800FT at the 360 degree point.

· Install new 1 5/8” Foam Cellflex cable (LCF158-50JAA7)

· Sweep test the feedline and antenna and provide results to the FBI.

· Obtain the necessary permit required for the work.

· Remove any trash and debris from site and dispose of accordingly.

Vendor shall supply the antenna mounts, stand offs and snap-in feedline retainers.

The Government will supply the feedline, antenna, terminations, grounding kit, Hoisting Grips and weather seal.

2.3.2 Contractor Provided Equipment

The Contractor shall provide all personnel, equipment, facilities, tools, materials, supervision, and other items and services necessary to provide the required removal and installation services as listed in Section 2.3.1

2.3.3 Government Provided Equipment/Information (GFE/GFI)

The Government will provide all information necessary for the vendor to access the site.

2.3.4 Security General

The performance of tasks described in this RFQ are unclassified but confidential, information obtained through this RFQ shall only be shared with those that have a need to know.

The FBI Technical Point of Contact (TPOC) shall provide the Contractor with any necessary information.

2.3.5 Safety Concerns

The Contractor is solely responsible for compliance with OSHA standards for the protection of their employees. The government is not responsible for ensuring that Contractors comply with “personal” safety requirements that do not present the potential to damage Government resources.

2.4 DELIVERABLES

The Government anticipates installations beginning as soon as possible after award. Dates may be adjusted by the TPOC.

Installation of the equipment must be completed no later than September 1, 2024. The installation will not be accepted until onsite FBI representatives have fully tested and approved the installation. The contractor is encouraged to complete installation ahead of schedule. The contractor shall remain onsite and schedule no additional work until the government has tested the site to its satisfaction.

The contractor shall provide monthly status reports to the TPOC. The format will be agreed to by the Contractor and TPOC at the start of performance, but the contents. The Contractor shall provide a bi-weekly status report that describes the activities that were completed (highlights), areas of risk, and personnel and their responsibilities for that time period.

In addition to the applicable requirements, the Contractor shall be responsible for providing the following deliverables:

2.5 TERM OF CONTRACT

It is the intention of the Government that the Contractor provide a timeline of anticipated times needed to complete this requirement at part of their response to this RFQ. This will include the anticipated start date, duration of work, and end date at each site. Additionally, the order that the sites will be worked on should be included as well.

The period of performance for this effort will be as follows:

2.5.1 Place of Performance

The place of performance for these services will be at the following locations:

Monroeville - 2418 Old Salem Road, Monroeville, AL 36460 Tuskegee - 474 Old Franklin Road, Tuskegee, AL 36083 WHOA - 3251 Harrison Road, Montgomery, AL 36109 WLWI - 1200 Dunbarton Road, Montgomery, AL 36117

2.5.2 Hours of Operation

Work may require working after hours or weekends if broadcast company cannot use their backup antenna to turn power down during daylight hours. The Contractor will need to identify costs for daytime work and any additional fees associated with working after hours.

2.6 SERVICES AND PRICES/COSTS

The Contractor shall provide a firm fixed price for the services/equipment as described in this RFQ. Any discount from list price or government discount should be shown on the price quote. Prices will be evaluated based upon the unit pricing quoted for the base and option periods.

2.6.1 Pricing

The Contractor shall provide detailed pricing in their normal pricing format.

2.6.2 Invoicing

The FBI is implementing an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget’s 2018 electronic invoicing mandate.

IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov.

Beginning in January 2021, the FBI will progressively increase the number of contracts that it transmits to IPP. To prepare for this transition, please review the transition schedule and actions below.

Action to take:

If you are already enrolled in IPP:

If your company is already registered in IPP, you will not be required to re-register. Please contact your organization’s IPP account administrator so that he/she may add you as an additional user to your company’s vendor profile. If necessary, update and/or correct relevant user data in your company’s IPP collector account. Additionally, please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions.

Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

If you are NOT already enrolled in IPP:

If your company is not registered to use IPP, no action in IPP is required at this point in time. The FBI will enroll your company by using the provided contact information relevant to your company in SAM.gov. Please ensure that your company is registered in SAM.gov. Your company’s Electronic Business POC in SAM.gov will be designated as an IPP administrator by default. This individual will be responsible for initial account registration as well as creating and managing your company’s IPP users and permissions. Please note that due to U.S. Department of the Treasury guidelines, IPP cannot set up User IDs using a shared email address.

1. To begin the IPP enrollment process, your company’s designated Electronic Business POC in SAM.gov will receive two emails from IPP Customer Support (ipp.noreply@mail.eroc.twai.gov):

· The first email contains the initial administrative IPP User ID

· The second email, sent within 24 hours of receipt of the first email, contains a temporary password

· You must log in with the temporary password within 30 days

2. Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided and accepts the IPP rules of behavior. Additional user accounts, including administrators, can be created after initial login.

3. Upon notification by a Contracting Officer (signed purchase order, signed purchase order modification, etc.), please submit your invoices via the IPP system. The cover pages of applicable purchase orders and purchase order modifications will contain the following advisory: “Send all invoices via IPP, NOT central_invoices@fbi.gov.”

Training Vendor training materials, including a first-time login tutorial, are available on the IPP.gov website.

Once you have logged in to the IPP application, you will have access to user guides that provide step-by-step instructions for all IPP capabilities ranging from creating and submitting an invoice to setting up email notifications.

Live webinars are held monthly and provide a great opportunity to learn the basics of the system. See IPP.gov for more details.

Additional Support IPP Customer Support Team is available Monday through Friday from 8:00 am to 6:00 pm EST

· Phone: (866) 973-3131

· Email: IPPCustomerSupport@fiscal.treasury.gov

· For answers to frequently asked questions, visit the Vendor FAQ page on the IPP.gov web site.

For general questions related to the FBI’s transition to IPP, please send an email to IPP@fbi.gov.

For contract-specific questions, please contact the designated contracting officer for your contract.

2.6.3 Mandatory Financial Reporting of Services Provided but Not Reimbursed As a result of the Federal Financial Management Act of 1996, the FBI is required to account, on a fiscal year basis, for the cost of services performed by a prime contractor for which reimbursement has not been made.

In order for the FBI to meet this financial reporting obligation, the prime contractor shall notify the FBI of their estimate of costs incurred for services rendered, under the terms of this contractual agreement, for which reimbursement has not been received. This notification shall be provided to the CO quarterly beginning three (3) months after award for the life of the contract.

This notification is for informational purposes only and does not preclude the prime from submitting proper invoices, for work performed, in accordance with the terms and conditions of the contractual agreement.

2.7 TERMS AND CONDITIONS

In accordance with FAR 12.302(d) the following addenda shall be included into this solicitation as part of FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018):

DISCLOSURE OF DATA UNDER FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a quote is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a quote that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at Far 52.2151 (e),"Instructions to Offerors Competitive Acquisitions". The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitted of a quote an opportunity to object to disclosure.

ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

INDEMNIFICATION

(a) Responsibility for Government Property - The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at this own expense, all property lost or damaged.

(b) Hold Harmless Indemnification Agreement - The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

GOVERNMENT’S RIGHT OF RECOVERY

Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

GOVERNMENT LIABILITY

The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

CLAIMS

The Government shall not be liable for any cost incurred by the Contractor, any subcontractor, or any contract employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the contract.

The Contractor agrees that no claim may be filed for Delay of Work due to any Contractor, his subcontractors, or any employees thereof, failing to comply with the FBI's security requirements.

ANNOUNCEMENT OF PROJECT

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representative employed by the Contractor in contract performance or otherwise.

NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting the individual task deadline set by the FBI, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of an assignment, the Contractor shall immediately notify the TPOC or Contracting Officer who issued the task order, in writing, giving pertinent details, provided, however, that this data shall be information only in character and that this provision shall not be construed as a waiver by the Government on any delivery schedule or date, or any rights or remedies provided by law or under the SOW.

COMPLIANCE WITH SECITON 508 OF THE REHABILITATION ACT OF 1973, 1998 AMMENDMENTS

By submitting bid or quote in response to this solicitation, the contractor makes an affirmative statement that the product or services to be provided are in compliance with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the SOW or in the technical specifications, as a minimum.

SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate his business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB MEMO M-11-32, ‘Accelerating Payments to Small Businesses for Goods and Services,’ dated 10/14/2011. The prompt payment act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

DJAR-PGD-08-05 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX REQUIREMENTS

By submitting a response to a solicitation or accepting a contract award the contractor certifies to the best of its knowledge and belief, the contractor has files all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a nonfrivolous administrative or judicial proceeding.

DJAR-PGD-07-12 MAINTAINING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY

During a Pandemic or other emergency, we understand that our Contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our Contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our Contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal Contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service. Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or Contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work. Practice telework regularly to ensure effectiveness. Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties. Identify how time and attendance will be maintained.

It is the Contractor's responsibility to advise the government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary.

This means direct communication with the Contracting Officer or in his/her absence, another responsible person in the contracting office via telephone E-Mail messages acknowledging the Contractor's notification.

The incumbent Contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

CLAUSES INCORPORATED BY REFERENCE

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 http://www.acquisition.gov/far/

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions –Commercial Items (Oct 2018) 52.216-20 Definite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.223-6 Drug-Free Workplace (May 2001) 52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.243-1 Changes – Fixed-Price (Aug 1987) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-2 Inspection of Supplies – Fixed Price ((Aug 1996) 52.246-4 Inspection of Services-Fixed Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984) 52.246-23 Limitation of Liability (Feb 1997) 52.246-25 Limitation of Liability – Services (Feb 1997) 52.247-17 Charges (Apr 1984) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984) 52.247-27 Contract Not Affected by Oral Agreement (Apr 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) 52.249-4 Termination for the Convenience of the Government Services (Short Form) (Apr 1984) 52.249-8 Default (Fixed-Price Supply and Services) (Apr 1984)

CLAUSES INCORPORATED IN FULL TEXT

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (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.

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (47) (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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_X_ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

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

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

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

__ (iv) Alternate III (Feb 2024) of 52.225-3.

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

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_X_ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(B) Alternate I (Dec 2023) of 52.204–30.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

PROVISIONS INORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb1998)

This contract incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership of Control of Offeror (Aug 2020) 52.204-22 Alternate Line Item Proposal (Jan 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Sep 2023) 52.212-1 Instructions to Offerors--Commercial Products and Commercial Services (Sep 2023) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.225-2 Buy American Certificate (Oct 2022) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020)

PROVISIONS INCORPORATED IN FULL TEXT

52.204-20 Predecessor of Offeror (Aug 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.