Attachment 1 SOLICITATION_W911QY-21-R-0029.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

A. INTRODUCTION:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, in conjunction with procedures at FAR Part 13 procedures under the authority of FAR Subpart 13.5, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is W911QY-21-R-0029 and this solicitation is hereby issued as a Request for Proposal (RFP). This solicitation including any attachments may be downloaded from SAM.gov at website SAM.gov. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.

The solicitation is a Total Small Business Set-aside procurement. The most applicable NAICS code associated with this project is 541330 (Engineering Services). The small business size standard is $16,500,000.00.

To be eligible for contract award, offerors must be registered in the System for Award Management (SAM) as a Small Business under NAICS code of 541330 (Engineering Services). The small business size standard is $16,500,000.00.

This written solicitation is issued in accordance with the FAR Subpart 12.603(b) – Streamlined Solicitation for Commercial Items. A Standard Form 1449 (Solicitation/Contract/Order for Commercial Items) will not be used for issuing this solicitation, however the Government anticipates awarding one Firm Fixed Price (FFP) Contract from this solicitation using the SF1449.

FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions, please see www.acquisition.gov. The Government contemplates an award of a Firm Fixed Priced contract resulting from this solicitation

The Government anticipates award will be made to the “responsible” Offeror whose proposal represents the best overall value to the Government, based on the results of a complete and thorough Government evaluation of proposals in accordance with (IAW) the evaluation criteria set forth herein. (See FAR Subpart 9.104 for a description of the standards prospective contractors must meet to be determined “responsible”.) The Government intends to evaluate offers and award a contract without discussions, therefore the initial offer should contain the best offer, however the Government reserves the right to conduct discussions if necessary. The Government also reserves the right to not award any contract in the event that no proposals are considered to be in the best interest of the Government.

The Period of Performance is anticipated to be 12 (twelve) months followed by 4 (four), 12 (twelve) month options. Place of Performance is General Greene Avenue, Natick, Massachusetts and the contractor’s place of business.

Proposals in response to this solicitation are due on 08 July 2021 by 1:00 PM Eastern Time, and shall be submitted electronically to Brandon Rivett at Brandon.j.rivett.civ@mail.mil and Kendall Marchioli at Kendall.a.marchioli.civ@mail.mil.

FAILURE TO SUBMIT A TIMELY PROPOSAL EXACTLY IN ACCORDANCE WITH THE SUBMISSION INSTRUCTIONS MAY RESULT IN THE OFFEROR’S PROPOSAL BEING REJECTED AS UNACCEPTABLE OR NONCOMPLIANT, AND THEREFORE INELIGIBLE FOR AWARD CONSIDERATION.

Attachments to this Combined Synopsis/Solicitation include:

1. Combined Synopsis/ Solicitation

2. Statement of Work;

3. Pricing Worksheet for Proposal Submission;

4. Quality Assurance Surveillance Plan.

5. Contract Data Requirements List (CDRL) A001

B. ADDENDI / PROPOSAL SUBMISSION INSTRUCTIONS

1. The following ADDENDUM TO 52.212-1 is hereby included:

The Army Contracting Command – Aberdeen Proving Ground (ACC-APG), Natick Division, General Greene Avenue, Natick, MA 01760, on behalf of Combat Capabilities Development Command (DEVCOM) Soldier Center, Combat Feeding Directorate (CFD) has a requirement for Engineering Services that are required to provide specialized product and systems engineering services to design, develop, field, and sustain both field feeding and shipboard feeding equipment and ration preservation systems to meet the Joint Services unique requirements.

Questions, if any, are due by 25 June 2021 by 1PM EST and must be submitted electronically via email to Brandon Rivett at Brandon.j.rivett.civ@mail.mil and Kendall Marchioli at Kendall.a.marchioli.civ@mail.mil. The Government will provide answers to a consolidated list of unattributed questions within two business days or as soon as possible via amendment through the Government-wide Point of Entry (GPE) at SAM.gov.

Proposals in response to this solicitation shall be valid for 60 calendar days. Please annotate the last day the proposal will be valid. Firms will not be reimbursed for proposal preparation costs.

Any Offeror that submits a proposal in response to this solicitation must be registered in SAM IAW FAR Clauses 52.204-7, 52.232-33 and Defense FAR Supplement (DFARS) Clause 252.204-7007 Alt A prior to contract award. Registration information can be found at www.sam.gov or https://www.acquisition.gov.

The Offeror shall submit a proposal consisting of four (4) sections. These four sections shall be labeled, Section I – Technical Proposal (Evaluation Factor 1); Section II – Pricing Proposal (Evaluation Factor 2); Section III – Administrative Proposal; and Section IV Past Performance (Evaluation Factor 3). No Pricing Information shall be submitted in Section I.

Section I – Technical Proposal (Evaluation Factor 1) – The Offeror shall provide a technical description of the services being offered in sufficient detail to evaluate compliance with the requirements of the RFP. The Offeror’s proposal shall address each of the below areas:

Technical Capability - The Offeror shall describe the technical experience, education level, and capabilities of the engineering service provider. They shall demonstrate their abilities to meet or exceed the General Requirements and Specific Requirements that are found in the attached statement of work.

Section II – Pricing Proposal (Evaluation Factor 2) – As part of this section, the Offeror shall include a completed Pricing Proposal (fill in the dollar amounts on the attached pricing worksheet) and an offer signed by an official having the authority to bind the firm contractually. If this person is not an officer of the company, the offer shall be accompanied by written evidence of the individual’s authority to bind the company.

Section III – Administrative Proposal – As part of this section, the Offeror shall:

· Include the offeror’s name and address on the cover page of its offer,

· Ensure the offer is signed by an official having the authority to bind the firm contractually,

· List the offeror representatives authorized to discuss matters regarding this proposal,

· List assumptions, if any (if none state none),

· List exceptions to terms or conditions, if any (if none state none),

· Annotate compliance with the stated inspection and acceptance terms,

· Identify the proposal validity period of at least 60 days from the date specified for receipt of offers,

· Annotate compliance with the period of performance of the contract,

· Provide all administrative information as required throughout this RFP,

· Complete all required provisions and clauses, including representations and certifications,

· Acknowledge any amendments to this RFP,

· Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Section IV – Past Performance- The Government will evaluate the offeror’s Past Performance to assess the probability of success in performing the RFP’s requirements. The Government’s evaluation will consider the offeror’s execution of cost, schedule and performance as well as information that addresses demonstrated use of business processes relevant to the RFP. Based on the offeror’s input and other Government Past Performance research, the Government will make a Past Performance Confidence Assessment. The Government may also evaluate the recent and relevant Past Performance Citations documented in CPARS, SAM; EPLS; FAPIIS; eSRS and other sources of information available to the Government.

The offeror’s recent and relevant past performance, as defined in this RFP, provides the Government with a reasonable expectation that the offeror will successfully perform the required effort. The Offeror provides recent and relevant Past Performance examples that validate its ability to fabricate materials that meet the RFP’s technical requirements and demonstrate an ability to meet cost, schedule and performance requirements on recent and relevant programs. If an offeror does not a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance.

INCORPORATION OF PROPOSAL:

Portions of the Offeror’s Section I Technical Proposal, as negotiated and accepted by the Government, may be incorporated by reference into the resultant contract. Some or all of the information furnished by the Contractor may be subject to disclosure under the Freedom of Information Act (FOIA). For this reason the Contractor shall identify information contained in the proposal, which the Contractor believes, is proprietary.

Notwithstanding any rights the Government will receive under the contract to the data being protected under the solicitation, any request for information received under the FOIA (5 U.S.C 552) for the resulting contract, including any portion of the proposal that was incorporated into the contract, will be reviewed in accordance with the FOIA statute. The Government will contact the Contractor to identify what information, if any, contained in the contract they believe should be withheld from release to the public. The Contractor will then have to demonstrate that the information is a (1) a trade secret or (2) confidential, commercial information. In case of the latter, the Contractor would have to demonstrate, in detail, that disclosure would (1) impair the Government’s ability to obtain necessary information in the future or (2) cause substantial harm to the Contractor.

Any changes in these arrangements are to be submitted to the Contracting Officer in advance for approval. In the event of any conflict or ambiguity between the Contractor's Technical Proposal and the Government's Requirements Document, the requirements document takes precedence.

2. The provision at 52.212-2, EVALUATION – COMMERCIAL ITEMS (OCT 2014), applies to this acquisition.

The specific evaluation criteria ADDENDUM TO 52.212-2 paragraph (a) are hereby included:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following Section/Evaluation Factors shall be used to evaluate offers:

Section I - Technical Proposal (Evaluation Factor 1) Section II - Pricing Proposal (Evaluation Factor 2) Section III - Administrative Proposal. (Not and Evaluation Factor) Section IV – Past Performance (Evaluation Factor 3)

EVALUATION PROCESS:

The technical panel will provide an evaluation and assign a combined technical/risk rating for the Technical Section. The Price Proposal Section and Past Performance will be evaluated by the Contracting Officer in accordance with the evaluation criteria established in Section II and Section III.

An award will be made on a Best Value basis where technical capability is more important than price and price is more important than past performance. The requestor reserves the right to conduct limited exchanges for the purpose of clarification, if necessary.

Section I - Technical Proposal (Evaluation Factor 1)

The Government technical evaluation panel will evaluate proposals in accordance with the instructions and evaluation criteria stated herein, and will document the evaluation by providing a narrative of the evaluation of each proposal in terms of the evaluation criteria and proposed strong points (strengths), weak points (weaknesses), and deficiencies. This narrative shall be incorporated into a report, which will be presented to the Contracting Officer. Clarifications or communications may be conducted IAW FAR Subpart 15.306 (a) and (b). If discussions are necessary, a competitive range will be established IAW FAR Subpart 15.306(c) and to the extent deemed necessary at the sole discretion of the Contracting Officer, written discussion items (DI) will be issued to Offerors in the competitive range, using control numbers, to further investigate any weaknesses, deficiencies, or other areas identified by the technical panel as germane to the evaluation process. These DIs are considered exchanges/discussions in accordance with FAR Subpart 15.306(d). The Contracting Officer may also issue DIs relating to any matter that requires written revisions to a proposal for which a binding agreement is required/desired. The technical panel will be responsible for keeping the Contracting Officer informed at all steps of the evaluation process.

TECHNICAL FACTOR: One of the following combined technical/risk ratings will be assigned:

TECHNICAL RATINGS

Definitions:

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

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

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

Section II - Pricing Proposal (Evaluation Factor 2)

PRICE FACTOR: Price proposals will not be given an adjectival rating, but will be evaluated to determine fair and reasonableness, and realistic to determine that the price offered is consistent with the effort proposed.

Section III - Administrative Proposal.

The administrative proposal will not be given an adjectival rating and is not one of the evaluation factors. The administrative proposal will be reviewed for completeness. If any element of the administrative proposal is missing it may be grounds for eliminating the offeror from competition.

Section IV – Past Performance (Evaluation Factor 3)

The Government will evaluate past performance on the basis of quality, schedule, management oversight, and/or cost control. Based on the evaluation of the Offeror's past performance, the Government will assign each Offeror one overall performance confidence assessment.

PAST PERFORMANCE FACTOR: The Past Performance Factor will be assigned a performance confidence assessment rating as outlined below:

Performance Confidence Assessments

C. CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

D. CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Set Aside (NOV2020) (15 U.S.C. 644).

_ (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31) (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 (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

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

X (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 1 3423 and 13514).

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

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

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

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

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

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

__ (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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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.

COMBO Receiving Report (DD 250) Destination Inspection / Destination Acceptance

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

Invoice as 2-in-1 (FP Services Only – No DD250 Required)

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

W911QY21C0067

(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.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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*

(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.

TBD

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