Attachment II - Clauses and Provisions.pdf

ADDENDUMS 52.212-1 & 52.212-2

ADDENDUM FAR 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

The Government intends to award a single Firm, Fixed-Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12, and FAR Subpart 13.5. Award will be made to that vendor whose quote represents the best value to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and make an award based on initial quotes. Therefore, the vendor's initial quote should contain the vendor's best terms from a Facilities Security Clearance, Original Manufacturer Equipment and Certifications, Specification Statement, Past Performance, and Price standpoint.

The Government intends to award the task order without exchanges. The establishment of a competitive range is not anticipated. Accordingly, each vendor should submit its most favorable terms from a facility security clearance, technical, past performance and price standpoint. However, the Government may contact any or all vendors with questions concerning their responses as permitted under FAR Part 13. The Government reserves the right to award a FFP task order to other than the lowest priced vendor; award a FFP task order without exchanges; or award a FFP task order after exchanges, whichever is in the best interest of the Government.

Vendors are hereby instructed that, regardless of any language that may be used in this solicitation, the Government is NOT conducting this procurement under FAR Part 15. This procurement is being conducted under FAR Subpart 13.5.

QUESTIONS: Vendors may submit questions regarding clarification of solicitation requirements to Nadia Misa and Samantha Miller via email to nadia.misa.civ@us.navy.mil and samantha.a.miller77.civ@us.navy.mil. It is requested that all questions be received by 19 August 2024 by 1300 Eastern Time, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of quotes.

FOR SUBMISSIONS OF QUOTES:

(1) Quotes shall be submitted no later than the due date of the solicitation via email to Nadia Misa and Samantha Miller via email to nadia.misa.civ@us.navy.mil and samantha.a.miller77.civ@us.navy.mil. Vendors shall comply with the detailed instructions for the format and content of the quotes contained herein; quotes that do not comply may be considered unacceptable and may render the quote ineligible for award. All electronic files and versions of vendors’ quotes shall be compatible with the current release of Adobe Acrobat and Microsoft Office Suite version 2016 (Word and Excel). The vendor shall be responsible for ensuring that their electronic quotes are virus free.

(2) Vendors shall comply with all instructions for submitting quotes and attachments.

(3) Volumes I, II, III, and IV – Non-Price Quote These volumes shall address the Facilities Security Clearance, Original Manufacturer Equipment and Certifications, and Past Performance factors and include all information required for quote evaluation. This volume of the quote shall exclude any cost/price information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and FAR 3.104

(4) Volume V – Price Quote This volume shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting information. Each page of each copy shall be affixed with the following legend:

Source Selection Information See FAR 2.101 and 3.104

REQUIREMENTS FOR QUOTATION CONTENT:

The quote should contain the following items in addition to other information required by this solicitation.

The cover page should indicate the following:

Title of the quote

Volume Number (I, II, III, IV, or V)

Quote Category (Factor)

Request for Quotation Number

Name and Address of Vendor, CAGE Code, DUNS number, and applicable Tax I.D. Number (TIN)

Identification if original or a copy of the quote

Point of Contact name, telephone number, and email address

Quote valid for 180 days after solicitation closing

Quotes shall be prepared in five (5) separate and distinct volumes:

Volume I, Factor I – Facilities Security Clearance

Volume II, Factor II – Original Manufacturer Equipment and Certifications

Volume III, Factor III – Specification Statement

Volume IV, Factor IV – Past Performance

Volume V, Factor V – Price

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located.

1. Requirements for Style: Each vendor shall submit a quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the solicitation documents and attachments.

Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired and may be construed as any indication of the vendor’s lack of understanding of cost consciousness. The quote shall contain all the pertinent information in sufficient detail in the one area of the quote where it contributes most critically to the discussion of the same information. When necessary, the vendor shall refer to the initial discussion and identify its location within the submitted quote.

2. Quote Page Limitations Volumes I, II, III, and IV Non-Price Quote - The following page limitations are established:

Title Format Page Limit* Volume I – Factor I: Facilities Security Clearance MS Word & Adobe PDF Unlimited Volume II – Factor II: Original Manufacturer Equipment and Certifications MS Word & Adobe PDF Unlimited Volume III – Factor III: Specification Statement** MS Word & Adobe PDF 1 Page Volume IV – Factor IV: Past Performance MS Word & Adobe PDF 12 Pages

All submission and attachments shall be in Adobe Acrobat PDF, Microsoft Office Word, or Microsoft Office Excel.

Submissions are page limited to the maximum number of pages as defined above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the quote may use a font with 12-point size type. Each “page” is defined as one sheet, 8 ½“ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12-point font), and shall be in portrait orientation. Lines shall, at a minimum, be selected as single-spaced in Microsoft Word with Microsoft Word Normal character spacing. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The vendor is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of acronyms, list of figures, compliance matrix, table of contents, tabs, and dividers.

Pages submitted in excess of the page limitations described within will not be evaluated.

Volume V, Price Quote – is not page limited.

Title Format Page Limit* Volume V – Factor V: Price MS Excel Unlimited

The Price Quote is not page limited; however, the Price quote is to be strictly limited to price information and completed solicitation documents as described in the General Section at the beginning of this text.

* Page limits represent the maximum pages the Government will evaluate and are not construed as de facto standards for the amount of material expected in the quote.

Phase I Volume I – Factor I – Facilities Security Clearance The offeror shall provide verification that it possesses an active Facility Clearance (FCL) at the Top Secret level at the time of quote submission as identified in PWS. The verification shall be provided via the Defense Counterintelligence and Security Agency (DCSA) National Industrial Security System (NISS) and obtained no earlier than 30 days prior to the issuance of the solicitation. The Verification request shall include the following:

CAGE code Facility name Physical location/facility Clearance status/level Status date/Issue date Safeguarding level Authorized access to Facilities clearance level limitation(s) Facility security officer and phone number DSCA field office location and phone number

Phase II Volume II, Factor II - Original Manufacturer Equipment and Certification The quoter shall provide proof/verification that it is an Original Manufacturer authorized partner in the form of a letter of authorization from the Original Equipment Manufacturer. The quoter shall provide documentation that proposed technician has the certifications required to service the equipment provided. The verification or letter shall be dated within 90 days of the solicitation close date.

Volume III, Factor III - Specification Statement Quoters shall provide an affirmative statement that all quoted equipment meets the minimum specifications outlined in the PWS.

Volume IV, Factor IV – Past Performance:

To demonstrate its past performance, the vendor shall identify up to three (3) of its most relevant contracts performed within five (5) years of the solicitation issuance date. Those contracts must reflect work that has already performed. Work yet-to-be performed by the solicitation closing date will not be considered. Vendors shall provide a detailed explanation demonstrating the relevance of the contracts to the requirements of the solicitation.

For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an ID/IQ contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Vendors shall not submit the IDIQ contract, FSS contract, or BPA itself as a reference. Vendors may submit a combination of no more than three

(3) delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an ID/IQ or BPA as one of the three examples of past performance. Such a combination must also meet the requirements stated above: each individual example in the combination must have been performed within five

(5) years of the solicitation issuance date and demonstrate work that has already been performed prior to the closing date of the solicitation. If a combination of DOs, TOs, TDLs and or TATs are used as a past performance example, the vendor shall state the specific experience claimed, period of performance, and dollar value of each. A Past Performance example that does not provide the level of detail required may not be evaluated. No more than one combination of DOs, TOs, TDLs and or TATs is permitted in the past performance submittal.

If a quoted subcontractor’s past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The vendor’s submittal shall also detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform. A Past Performance example which does not detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform may not be evaluated.

If the prime vendor or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort may not be evaluated.

The past performance of subcontractors who will be performing major or critical aspects of the solicitation will be considered as highly as a prime contractor’s past performance.

Failure of vendors to provide the required information and level of specificity may result in the contract reference not being evaluated.

With respect to joint ventures, the procuring activity will consider work done individually by each member of the joint venture as well as any work done by the joint venture itself previously. Joint venture references must meet the temporal requirements described in section L (within five years and must reflect work that has already been performed prior to the solicitation closing date). Additionally, if a joint venture member submits a past performance reference, the joint venture member shall detail clearly the work that it performed in that effort and the magnitude (dollar value) of that work. A reference that does not differentiate between the overall contract effort and the joint venture member’s effort for that reference will may not be evaluated. The past performance of a joint venture member who will be performing major or critical aspects of the solicitation will be considered as highly as the joint venture’s past performance.

The vendor shall complete a “Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation.

In addition to the information requested above, vendors shall contact their past performance references and request that each reference complete the Past Performance Report Form attached to the solicitation and e-mail the completed survey form directly to Nadia Misa and Samantha Miller via email to nadia.misa.civ@us.navy.mil and Samantha.a.miller77.civ@us.navy.mil by the DUE DATE OF THIS SOLICITATION. The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.

Volume V, Factor V – Price The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other price information considered appropriate to support the quote. This submittal shall include the following:

Attachment I –Pricing Spreadsheet completed by the vendor (see below for additional instructions).

o Vendors shall complete Attachment I, to include the vendor’s quoted unit price for the classes, for the specified performance periods. NOTE: THE QUOTED UNIT PRICES SHALL BE THE

PRICE PER PRINTER/MFD AND VENDORS SHOULD NOT PUT IN THE TOTAL

VALUE OF THE CONTRACT AS A UNIT PRICE.

o The Firm-Fixed Price rates submitted in this Attachment will be incorporated into the resultant contract as a table for orders placed against the max ceiling amount.

Unless completed in SAM, RFQ Section, "Representation, Certification and Other Statements of Offerors" completed by the vendor in accordance with FAR 52.204-8, FAR 52.204-24, FAR 52.204-26 and DFARS 252.204-7007 Alt. A.

All price and price supporting information shall be contained in the price submittal. No price or pricing information shall be included in any other volume including cover letters. Vendors are responsible for submitting sufficient information to enable the Government to fully evaluate their price quote.

A completed price table as detailed in the combined synopsis/solicitation that provides pricing for all CLINs completed by the vendor. For the purpose of preparing a price quote, the vendor shall assume that the period of performance consists of a 12-month base, four 12-month options, and FAR clause 52.217-8, Option to Extend Services, established in the Schedule.

Subcontracting Plan (Other Than Small Business)

Large business quoters shall also submit a Subcontracting Plan in accordance with FAR 19.704, Subcontracting Plan Requirements. Quoters are permitted to submit a master subcontracting plan so long as it is created in accordance with FAR 19.701 and FAR 19.704(b). Subcontracting Plans are not required from small business quoters.

It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small (large) prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for Small Businesses, Small Disadvantaged Businesses, Woman-Owned Small Businesses, HubZone Small Businesses, Veteran Owned Small Businesses and Service-Disabled Veteran-Owned Small Business. The Government will consider prior achievement of small business subcontracting plan goals as well as the proposed dollar values and percentages related to this solicitation.

ADDENDUM FAR 52.212-2, EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

The Government intends to award a single Firm, Fixed-Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12, and FAR Subpart 13.5. Award will be made to that vendor whose quote represents the best value to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award based on initial quotes. Therefore, the vendor's initial quote should contain the vendor's best terms from a Facilities Security Clearance, Original Manufacturer Equipment and Certifications, Specification Statement, Past Performance, and Price.

Vendors simply providing general statements or paraphrasing/parroting the PWS in whole or in any part may result in a rating of unacceptable. Vendors should be aware that a complete understanding as to technical, price, and all terms and conditions of the quoted contract must exist between the vendor and the Government at the conclusion of exchanges, if held. Material changes to quotes submitted in any final quote revisions, if made, may not be subject to further exchange, and may render the quote unacceptable to the Government. All vendors and team member/subcontractor information must be incorporated into one coherent quote to be considered complete.

The evaluation of quotes will consider the Non-Price Quote to be significantly more important than the Price Quote.

Within the Non-Price Quote, Original Manufacturer Equipment and Certifications and Specification Statement are approximately equal. Both Facilities Security Clearance, Original Manufacturer Equipment and Certifications, Specification Statement are more important than Past Performance.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when an vendor’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the vendor. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which vendor shall receive the award.

All quotes will be reviewed for timeliness. Timely quotes will also be reviewed for compliance to the solicitation. If the quote is not compliant with the material terms of the solicitation, it may not be evaluated and the vendor will be notified that the quote is non-responsive.

Volume I, Factor I: Facilities Security Clearance Factor I will be evaluated during Phase I and will receive a rating of Acceptable/Unacceptable based on its submission of the verification of its Top Secret Facilities Clearance Level meeting the requirements as detailed in FAR 52.212-1. This will be evaluated during Phase I on an Acceptable/Unacceptable basis utilizing the “Acceptable/Unacceptable” rating Table below. Offerors receiving an ‘Acceptable’ rating in Phase I will move on to Phase II. Offerors receiving an ‘Unacceptable’ rating will be considered un-awardable and will not be further evaluated.

Volume II, Factor II – Original Manufacturer Certification Factor II will be evaluated on an Acceptable/Unacceptable basis on its submission of the proof/verification of its Original Manufacturer Certification to include Technician Certification. This will be evaluated during Factor II on an Acceptable/Unacceptable basis utilizing the Technical Acceptable/Unacceptable ratings in the table below.

Quoters receiving an unacceptable rating in Factor II are not eligible for award on initial quotes and will not be further evaluated.

Volume III, Factor III - Specification Statement Factor III will be evaluated on an Acceptable/Unacceptable basis based on the inclusion of an affirmative statement that all quoted equipment will meet the minimum specifications outlined in the PWS.

Volume IV, Factor IV – Past Performance:

The past performance evaluation factor assesses the degree of confidence the Government has in a vendor’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance. There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each vendor.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. For purposes of this solicitation, recent past performance is performance that has taken place within five (5) years of the issuance date of this solicitation. Evaluation will focus only on work experience already performed. Work yet-to-be performed, and work prior to the last five years, will not be considered. In addition, performance data will only be assessed for those references demonstrating work that has already performed prior to the closing date of the solicitation within the past 5 years.

Past Performance Relevancy: Regarding relevancy, each past performance reference under each vendor’s Past Performance submission will be evaluated to determine its scope, and magnitude relative to the instant requirement as detailed in table 3 below.

The following definitions will apply to this evaluation:

Scope: Experience in the areas described in the PWS.

Magnitude: The similarity of the dollar value of actually performed work that exists between the PWS and the vendor’s referenced contracts during the stated five-year period established by the solicitation.

The relevancy rating assigned to each past performance reference will be considered in determining the weight to be given to that reference in the overall Past Performance Confidence Assessment. References determined to be “Not Relevant” will not be further considered. Similarly, the quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the vendor’s past performance. The Government will review all past performance information collected and determine the quality of the vendor’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table 4 below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the vendor’s performance. The quality of performance under a past performance reference that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed by the solicitation closing date will not be considered.

In the case of vendors for which there is no information on past contract performance or where past contract performance information is not available, the vendor may not be evaluated favorably or unfavorably on the past performance factor. In this case, the vendor’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although a vendor that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial

Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to evaluate Past Performance, the Government may also utilize existing data sources, including the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases;

communication with points of contact in the vendor’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

This evaluation and rating is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the vendor’s past performance will be used as a means of evaluating the relative capability of the vendor and other competitors to successfully meet the requirements of the RFQ. In determining the rating for the past performance evaluation subfactor, the Government will give greater consideration to the contracts which the Government assess as most relevant to the RFQ.

NOTE: A rating of “Limited Confidence” for the past performance factor means that the vendor’s quote is not awardable without a change or changes to the vendor’s quote. A quote that includes a “Limited Confidence” rating is considered to be susceptible to correction if the contracting officer determines that exchanges is appropriate and said exchange is conducted. A rating of “No Confidence” for the past performance factor means that the vendor’s quote is not awardable, is not susceptible to correction, and will not be further evaluated.

Volume V, Factor V – Price Price quotes will be evaluated based on price reasonableness in accordance with FAR 13.106-3, Price Analysis. The Government may evaluate any and all information submitted by the vendor to support the reasonableness of the prices quoted. The method of evaluation used by the contracting officer is solely within the discretion of the contracting officer. The vendors are required to complete the Price Spreadsheet Attachment, and any information such as commercial pricing listings or any information, which can be used in evaluating the submitted price quote.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quoted price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, non-price quotes, price could become the factor in determining which vendor will receive the award.

If the vendor’s quote is determined to be unacceptable in any of the non-price evaluation factors, the price quote will not be evaluated by the contracting officer. The Government reserves the right to award the contract to other than the lowest priced vendor.

Evaluation of Options The option at FAR clause 52.217-8 will be evaluated pursuant to solicitation provision FAR 52.217-5, Evaluation of Options. The Government will evaluate quotes for award purposes by adding the total price for the option to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option price is significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Subcontracting Plan (Other Than Small Business) In accordance with FAR 19.702(a)(1), the Contracting Officer shall review the apparently successful Offeror’s Subcontracting Plan. The apparent successful Offeror shall negotiate an acceptable Subcontracting Plan with the Contracting Officer prior to award. Failure to negotiate an acceptable Subcontracting Plan will make the Offeror ineligible for award. Negotiation of the subcontracting plan is not considered discussions or exchanges with quoters.

Written Notice A written notice of award or acceptance of a quote e-mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the quote, shall result in a binding task order without further action by either party. Before the quote’s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are exchanges after its receipt, unless a written notice of withdrawal is received before award.

Rating Tables

TABLE 1: FACILITIES SECURITY CLEARANCE RATING TABLE

Adjectival Rating Description Acceptable Quote meets the minimum requirements of the solicitation.

Unacceptable Quote does not meet requirements of the solicitation.

TABLE 2: PAST PERFORMANCE RELEVANCY RATING METHOD

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

TABLE 3: PERFORMANCE CONFIDENCE ASSESSMENTS RATING METHOD

Substantial Confidence Based on the vendor’s recent/relevant performance record, the Government has a high expectation that the vendor will successfully perform the required effort.

Satisfactory Confidence Based on the vendor’s recent/relevant performance record, the Government has a reasonable expectation that the vendor will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the vendor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The vendor may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the vendor’s recent/relevant performance record, the Government has a low expectation that the vendor will successfully perform the required effort.

No Confidence Based on the vendor’s recent/relevant performance record, the Government has no expectation that the vendor will be able to successfully perform the required effort.

Section Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.239-7010 Cloud Computing Services JAN 2023 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) 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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

Please see addendums 52.212-1 and 52.212-2

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Res…