B.08.02 Solicitation.W912DQ21Q1040 RELEASED_Combined 20210728.pdf

W912DQ21Q1040

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

The issuing office is USACE, Kansas City District, Federal Building CT-C, 601 E 12th St, RM 647, Kansas City, MO 64106-2896 (W912DQ)

The solicitation number for this acquisition is W912DQ21Q1040 and it is being issued as a Request for Quote (RFQ). The government intends to award a Firm-Fixed Price contract resulting from this solicitation.

This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 effective 07/12/2021.

This RFQ is a 100% small business set-aside. The associated North American Industry Classification system (NAICS) code is 541330 and the business size standard is $16,500,000.

FAR 52 .212.1 Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision.

The description of the service:

This contract is for Governor Technical Support for Pump-back Simulation Testing services at Harry S. Truman Power Plant, Warsaw, Missouri 65355.

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work will be performed in accordance with the performance work statement (PWS).

The period of performance is 120 days.

In accordance with FAR 13.106-1 the basis for award will be the offer that is determined to be the most advantageous, providing the best value after considering (1) price (2) Past Performance and (3) technical.

(1) Price

(2) Past Performance

(3) Technical –

I. Related Experience

Delivery is FOB. Delivery location: Harry S. Truman Power Plant, Warsaw, Missouri 65355 (Benton County).

Offerors must include a completed copy of FAR 52.212-3, Offeror Representation and Certifications- Commercial Items with their offer. If the offeror has up-to-date representations and certifications in the System for Award Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions- Commercial Items, does apply to this acquisition with no addenda to the provision.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are detailed in Sections C and I of this combined synopsis\solicitation.

Offerors interested in responding to this combined synopsis/solicitation must submit their quotation on the attached synopsis\solicitation. Any questions regarding this combined synopsis\solicitation must be submitted by email to the point of contact below.

Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.beta.sam.gov.

Quotations are due no later than 10:00 a.m. 9 August 2021. The final date to submit questions is 3 August 2021.

Questions of a technical nature should be addressed in writing to Kailey Jones Kailey.j.jones@usace.army.mil

Questions of a contractual nature should be addressed in writing to Sheila Nimrod Sheila.d.nimrod@usace.army.mil

Due to COVID-19 risk mitigation actions-NO MAIL-IN QUOTATIONS will be accepted.

All quotes/offers shall be submitted via e-mail to: Sheila.d.nimrod@usace.army.mil

The Government reserves the right to cancel this combined synopsis\solicitation. Any solicitation or contractual questions should be sent to Sheila Nimrod, Contract Specialist

(816) 389-2252 or Sheila.d.nimrod@usace.army.mil

System for Award Management (SAM)

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on creating a user account, registering your business entity and annual confirmation requirements via the SAM application accessed through https://www.sam.gov/SAM/pages/public/index.jsf . SAM frequently asked questions (FAQ) can be accessed via https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.beta.sam.gov/ mailto:Kailey.j.jones@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil https://www.sam.gov/SAM/pages/public/index.jsf https://www.sam.gov/SAM/pages/public/loginFAQ.jsf

It is highly encouraged that all prospective Offeror’s start the SAM registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) PRIORTO THE OFFER DUE DATE /THE CLOSE OF THE SOLICITATION OR THE

CONTRACTING OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

OFFEROR.

SAM.GOV REGISTRATION IS FREE OF CHARGE

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following site:

https://www.sam.gov/SAM/pages/public/help/samQUserGuides.jsf

IMPORTANT NOTE: SPRS NIST SP 800-171 Notice: Per DFAR 252.204-7012 the selected awardee offeror will need to be registered in NIST SP 800-171 prior to award of any contract/task order or any modification that is to exercise an option period or extend the period of performance of a contract/task order. To learn more information about the NIST SP 800-171 and learn how to register please go to https://www.sprs.csd.disa.mil/nistsp.htm.

If you have questions about Federal Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help.

The PTAC was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Federal Government marketplace. To locate a PTAC near you, go to https://www.aptac-us.org/contracting-assistance/ . THIS IS A FREE SERVICE BY A NON

PROFIT PAID FOR BY THE US GOVERNMENT:

https://www.sam.gov/SAM/pages/public/help/samQUserGuides.jsf https://www.sprs.csd.disa.mil/nistsp.htm https://www.aptac-us.org/contracting-assistance/

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Governor Technical Support For

FFP

Pump Back Simulation Testing

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS) dated 26 July 2021.

FOB: Destination MFR PART NR: c213

PSC CD: C213

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Revised 26 July 2021

Governor Technical Support for Pump-back Simulation Testing

Harry S. Truman Power Plant, Warsaw, Missouri

Part 1: General Information

1. GENERAL. This is a non-personnel services contract to provide Governor Technical Support for Pump-back Simulation Testing. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 DESCRIPTION OF SERVICES. Provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Governor Technical Support for Pump-back Simulation Testing as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 BACKGROUND. The Harry S. Truman (HST) Power Plant is located near Warsaw, MO between the Harry S. Truman Reservoir, and the Lake of the Ozarks. It has six slant-axis generators/motors with Kaplan turbines. The plant is designed to be capable of pump-back operations. The governors are Woodward which have been converted to digital controls. The controllers are Woodward Flex500’s running Woodward GAP ver. 3.XX software. Unit 6 will not be part of the pump-back simulation testing.

1.3 OBJECTIVE. Provide digital governor expertise and technical support to the Government in support of pump-back simulation testing at HST.

1.4 QUALIFICATIONS. Demonstrate successful design, programming, start-up, and troubleshooting experience specific to Woodward digital governors utilized for Kaplan pump-storage units.

1.6 QUALITY ASSURANCE. The Government will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7 HOURS OF OPERATION. Furnish services, between the hours of 06:30 and 16:30 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. Some work may be required on a Saturday and/or a Sunday.

1.8 PLACE OF PERFORMANCE. Perform the work at the Harry S. Truman Power Plant in Warsaw, MO.

1.9 SAFETY. All work must be performed in compliance with the current version of the EM 385-1-1, “U.S. Army Corps of Engineer’s Safety and Health Requirements Manual,” and local policies/procedures including arc flash and the hazardous energy control program.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3 85-1- 1.pdf

1.9.1 ACCIDENT PREVENTION PLAN. Furnish a site-specific Accident Prevention Plan (APP) within 30 days of contract award. Prepare the APP in accordance with the format and requirements of USACE EM 385-1-1. Cover all paragraph and subparagraph elements in USACE EM 385-1-1, Appendix A, "Minimum Basic Outline for Accident Prevention Plan".

The APP shall be job-specific and address any unusual or unique aspects of the project or activity for which it is written.

1.9.2 ACTIVITY HAZARD ANALYSIS. Furnish an Activity Hazard Analysis within 30 days of contract award. The Activity Hazard Analysis must address all foreseeable safety concerns such as electrical safety, safety zone protection, fall protection, fire safety, personal protective equipment, signage/protective fencing, and hazardous material handling.

1.10 PHYSICAL SECURITY. Safeguard all government equipment, information and property provided. At the close of each work period, equipment, and materials shall be secured.

1.11 ANTITERRORISM/OPERATIONS SECURITY REQUIREMENT. All

Contractor and all associated sub‐Contractors employees shall comply with applicable security policies and procedures at the contracted work location (provided by the authorized Government representative). All Contractor and all associated sub‐Contractors employees will carry a Government issued photo ID for personal identity verification requirements. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at the applicable contracted work location change, the Government may require changes in Contractor security matters or processes.

1.11.1 All Contractor and all associated sub‐Contractors employees will receive a CORPS Watch information paper (provided by the authorized Government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

1.11.2 The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible candidates must be provided to the COR no later than three (3) http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3%0985-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_3%0985-1-1.pdf http://www.dhs.gov/E business days after the initial contract award.

1.11.3 Per the E-Verify Website the following exemptions apply: Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source:

http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

1.11.4 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.12 DATA RIGHTS. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.13 PORTABLE ELECTRONIC DEVICES (PED). All Contractor personnel and equipment that will connect to USACE-owned systems are subject to the requirements of this paragraph.

This includes all Contractor equipment, including laptops and other portable devices.

1.13.1 All Contractor PEDs shall be approved by the Contracting Officer (KO) or Contracting Officer's Representative (COR) for connection to USACE-owned systems prior to connection.

For compliance, security, and network maintenance purposes, authorized individuals within USACE may monitor equipment, systems, and network traffic at any time, per the existing acceptable use and audit policies. USACE reserves the right to audit networks and systems on a periodic basis to ensure compliance with Army policy. Users connecting to USACE-owned equipment with approved PEDs consent to monitoring and inspection of their equipment.

1.13.2 PEDs approved for connection to USACE-owned systems equipment shall meet the following requirements:

a) Be subject to scanning or checking by designated USACE personnel before being connected to any USACE-owned equipment.

b) This process will be repeated before connection each time the PED goes off-site (crosses the facility boundary).

c) Undergo regular maintenance ensuring the PED is patched and up to date and a current full antivirus scan has been completed within the previous 10 days.

d) Ensure the PED firewall is enabled and set to "Public".

e) Demonstrate that all required patching and software/firmware updates are applied, and compliance with any applicable STIGS (Security Technical Implementation Guides) version and release is achieved.

f) Employ data-at-rest encryption to protect information stored on the device. The types of information that must be protected include the following: site specific drawings;

http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions configuration files; project files; vulnerability data; and any specific information that could potentially lead to a compromise.

1.13.3 If limited connectivity to the Internet is required to update software patches and retrieve updated virus definitions, the following requirements shall be met:

a) The host based firewall on the computer shall be enabled and the network identifier for the

Internet connection must be set to "Public".

b) After the software patches are applied and the virus definitions updated, the computer shall be isolated from the Internet connection, and a full scan with the Antivirus Software completed, resulting with no detections, prior to connection to the USACE-owned equipment.

c) Prior to connecting to the equipment, network, or system, antivirus definition files shall be verified to be less than seven days old and a full scan has been completed.

1.13.4 In the event that an authorized or approved non-USACE-owned PED is lost or stolen, user shall immediately notify the Contracting Officer or Contracting Officer's Representative.

1.13.5 Under no circumstances are users authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing authorized or approved USACE-owned or non-USACE-owned resources related to work on this contract. The following activities are strictly prohibited with regards to connecting authorized or approved USACE-owned or non- USACE-owned PEDs to USACE-owned equipment, with no exceptions:

a) Using SCADA or other related monitoring and/or control systems for any personal use.

b) Connecting unauthorized or unapproved non-USACE PEDs to USACE equipment, systems, or networks.

c) Intentional introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).

d) Port scanning or security scanning without prior notification to the KO, in coordination with designated site IT personnel.

e) Executing any form of network monitoring which will intercept data not intended for the user's host, unless this activity is a part of the user's normal job/duty.

f) Hotspot-capable PEDs are not permitted to broadcast Wi-Fi signals as an access point (i.e.

function as a router for a wireless network) within and/or around certain areas of the USACE facility premises (e.g., control room and computer server room, unit control equipment enclosures such as RTU cabinets, digital governor or exciter cabinets, etc.) and shall not be connected to USACE equipment, systems, or networks.

g) PEDs shall not be loaned or otherwise given to any person other than whom the device is assigned to.

h) Exporting software, technical information, encryption software or technology, which is in violation of international or regional export control laws. Notify the KO or COR of any material that is in question. Material in question shall only be exported with KO or COR approval.

1.13.6 Any use of email on SCADA and any related monitoring/control of USACE systems or networks is prohibited.

1.14 CONTRACTING OFFICER REPRESENTATIVE (COR). The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.15 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS. The

Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

Part 2: Definitions & Acronyms - Not Used

Part 3: Government Furnished Property, Equipment, and Services

3. GOVERNMENT FURNISHED ITEMS AND SERVICES. The Government will provide a service laptop with the Woodward applications and data files for use onsite.

Part 4: Contractor Furnished Items and Services

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES. Furnish all supplies, equipment including personal protective equipment, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

Part 5: Specific Tasks

5 SERVICES. Provide the following services:

5.1 EXPERTISE. Provide technical expertise on hydro governor theory and digital hydro governor controls including pumping/pump-storage units. Be familiar with programming applications and tools, specifically Woodward GAP. Provide technical analysis of the specific digital governor application with the Woodward Flex500 controllers at HST.

5.2 PROGRAMMING. As necessary, modify/update programming for proper operation of pump-back mode and normal modes. Track program updates/version control with appropriate methods.

5.3 TROUBLESHOOTING. Troubleshoot governor related control issues that may arise with the hardware, software, communications, wiring, and interconnections to other systems and controls.

5.4 TECHNICAL COORDINATION. Coordinate daily activities with the Government and the excitation contractor. Participate in technical meetings with the Government and the excitation contractor.

5.5 PROGRAMS. At the completion of work ensure the correct programs are uploaded to the equipment and ensure they function correctly. Place a backup set of the program files on the Government’s service laptop.

5.6 TRIP REPORT. Record the services performed including specifics such as to any programing changes, calibrations, tune-able adjustment, and etc. in a formatted written document. The report should detail the “as-found” and “as-left condition/state of each governor. Submit the report to the COR within 7 days of the completion of the work.

Payment/final payment on the contract will not be made until the report is received and it is acceptable.

5.7 WARRENTY. At the completion of the work, provide a 30-day warranty that the controllers, HMI’s, and communications will be free of errors, faults, operating malfunctions, and instability that resulted from any programming changes made. Costs for correct actions to be borne by the contractor.

Part 6: Applicable Publications – Not Used

Part 7: Attachment/Technical Exhibit Listing

TECHNICAL EXHIBIT I

Performance Requirements Summary The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Item

PWS

Section/P aragraph

Performance Standard Surveillance Method

Performance Requirements 5 Expertise, Programming, Troubleshooting, Technical Coordination 100%

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Medium/Format Submit To Accident Prevention Plan and Activity Hazard Analysis

Within 30 days of contract award

Electronic

COR

Trip Report Within 7 days of the completion of work

Electronic COR

Program files and one set of backups

Prior to leaving the site at the completion work

Electronic Power Plant Staff Engineer

TECHNICAL EXHIBIT 3

Estimated Workload Data

ITEM NAME ESTIMATED QUANTITY

1 Mobilization / Demobilization 1 Job

2 Technical Support Services Estimated workload:

Preparation – 40 man-hours Field support – 70 man-hours Follow-up – 16 man-hours

1 Job

TECHNICAL EXHIBIT 4

Reference Drawings Reference drawings are provided for information only. The drawings are for Unit #1, typical of the other units.

Attachment 1: GOVERNOR AS-BUILT 02-20-20 Attachment 2: UNIT 1 RELAY DRAWINGS AS-BUILT DWGS 02-20-20

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-AUG-2021 TO

15-DEC-2021

N/A USACE, KANSAS CITY +

TRUMAN POC

H S TRUMAN POWER PLANT 29564

POWERHOUSE ROAD

WARSAW MO 65355

660-438-2836 FOB: Destination

966472

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Sheila Nimrod PHONE: (816) 389-2252 E-MAIL: Sheila.d.nimrod@usace.army.mil

PROJECT

MANAGER:

Kailey Jones PHONE: (816) 389-2123 E-MAIL: Kailey.j.jones@usace.army.mil

Section H - Special Contract Requirements

SERVICE CONTRACT ACT WD

The following current Service Contract Act Wage Determinations are incorporated into this RFQ by reference:

Service Contract Act WD Number 2015-5093, Revision Number: 15, 05/14/2021 and can be downloaded on the beta.SAM.GOV at https://sam.gov/wage-determination/2015-5093/15

“A hard copy of the applicable wage decision will be provided upon request.”

https://sam.gov/wage-determination/2015-5093/15

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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 SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) 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 factors shall be used to evaluate offers:

In accordance with FAR 13.106-1 the basis for award will be the offer that is determined to be the most advantageous, providing the best value after considering (1) price (2) Past Performance and (3) technical (related experience).

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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: (Contracting Officer check as appropriate.)

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

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

___ (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).

___ (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]

____ (14)(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.

____ (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 Rerepresentation (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 (EDWOSB) 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 (MAR 2020) (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) (15 U.S.C. 637(a)(17)).

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

XX(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

XX (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.

XX (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).

XX (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). (E. O. 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 13423 and 13514).

____ (ii) Alternate I (JUN 2014) 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.

XX (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 (JUN 2016) (E.O. 13693).

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

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (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. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (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).

XX (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. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (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)).

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

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (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: (Contracting Officer check as appropriate.)

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (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).

XX (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) (29 U.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) (E.O. 13658).

_____ (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 2016) (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 (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from…