B.08 W912MM-23-Q-0032 - 152nd CSSB Lodging.pdf

SEE ADDENDUM

(No Collect Calls)

W912MM23Q0032 27-Sep-2023

b. TELEPHONE NUMBER

605-737-6731

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 11 Oct 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912MM9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANDREW J KENNDY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W5J9VJ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

152ND CSSB

BARBARA BOYER

300 5TH STREET S

BROOKINGS SD 57006

TEL: 605-696-5440 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

721110

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF29

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR IDT LODGING

TABLE OF

CONTENTS

SECTION I Background

SECTION II Scope of Work

SECTION III Performance Requirements

SECTION IV Government-Furnished Property & Services

SECTON V Definitions

I. BACKGROUND

1. The contractor shall, except as specified in this Performance Work Statement (PWS) as government furnished property or services, provide all personnel, supervision, and any items and services necessary to provide commercial lodging for authorized South Dakota Army National Guard (SDARNG) unit personnel on Inactive Duty Training (IDT) status only as defined in this PWS. Lodging is provided to Soldiers on IDT Status in Brookings, SD in support of monthly IDT training requirements. The SDARNG Contracting Officer is the final authority for all matters pertaining to this award. The Government (SDARNG) intends to enter into a Firm Fixed Price Contract that will consist of a twelve (12) month contract, with two (2) potential option years.

Base Year POP: 1 December 2023 – 30 November 2024 Option Period 1: 1 December 2024 – 30 November 2025 Option Period 2: 1 December 2025 – 30 November 2026

The Contract POP shall not exceed three (3) years and 6 months from the date of award.

II. SCOPE OF WORK

A. Hotel/Motel Property Room Use Description: The SD ARNG has a primary requirement for commercial lodging and associated support services to house SD ARNG personnel on IDT status. IDT status may fall on any day of the month for select individuals; generally, the requirement for lodging exists over the course of one (1) weekend each month. The average “Drill weekend” typically requires (monthly estimate) 2 nights of lodging in the Brookings, SD area for 20 personnel. A monthly estimate of total rooms is 40 (based on double occupancy of 20 rooms for 2 nights). A yearly estimate of total rooms required is approximately 440. Required nights of lodging for eligible personnel may increase or decrease significantly, depending on mission requirements. As previously identified, requirements may exist for lodging military members in an IDT status outside of the primary IDT weekends throughout the course of any given month. The contractor shall provide lodging upon request by the Government.

B. The purpose of this contract is to provide hotel/motel rooms and associated (authorized) services for the SD ARNG in the local area while achieving the best terms, conditions, and pricing. The physical address of any property for this requirement for lodging in the Brookings area must be within 15 driving miles of the Armory located at 300 5th Street S, Brookings, SD 57006.

C. Due to Antiterrorism/Operations Security requirements, limited dates for required lodging will be provided in this PWS for predetermined IDT training periods; additional dates shall be provided at the time of any resultant award to an interested party who provides a successful offer. These dates may be adjusted as needed.

D. Initial dates required for lodging will be coordinated with the POC following contract award.

Specific dates for future requirements shall be provided to the selected awarded by the SDARNG 152nd CSSB. Unit Point of Contact that will be determined after award.

CONTRACTOR FURNISHED ITEMS

The (Hotel/Motel Property) shall furnish the following:

A. ROOMS. Provided upon receiving a reservation request by the Government based on the predetermined price per the contract award. The contractor shall provide clean and smoke free double occupancy hotel/motel rooms in accordance with industry and Federal Emergency Management Agency (FEMA) standards.

1. LIVING SPACE.

a. Each room shall contain living and sleeping areas in accordance with (IAW) industry standards. Beds, linens and additional equipment provided by the Hotel/Motel Property shall also be IAW industry standards.

b. Double rooms shall occupy two (2) people and both occupants will share a bathroom.

Double rooms shall also contain two (2) beds (King, Queen, Double or Twin) so that each member occupying the room will have their own bed. Roll-away beds and pullout sofas cannot be considered as double occupancy rooms, however they should be available upon request.

c. Rooms shall include all standard accommodations found within the commercial market place for “Midscale” hotel/motel services. Midscale Hotels typically include but are not limited to a telephone, internet access, a refrigerator, a microwave, television with cable access, hair dryer, iron and iron board, and an alarm clock.

d. Rooms shall also comply with all Municipal, State and Federal environmental, health and safety standards.

B. OPERATIONAL SECURITY. The contractor will protect controlled unclassified information (i.e.

training times, number of personnel, etc.) pertaining to daily operations. The Unit POC will brief the vendor on what information needs to be protected, why it needs to be protected, and how to protect it. The contractor will ensure a safe and crime free environment.

1. GUEST ROOMS.

a. The guest rooms shall be secured and access limited to occupants, cleaning staff, and management in case of emergencies.

b. All entrance doors to guest rooms shall have interior security locks, either deadbolt or double locking locks, and an entrance peep hole. If the guest room has sliding glass or French Doors they shall be equipped with an effective locking device.

c. Each room occupant will be provided a room key.

d. No ground floor exterior doors to any room housing SD ARNG personnel are permitted.

2. EXTERIOR.

a. All doors for main building entrances shall have controlled secured access.

b. Each parking lot shall be equipped with enough lighting to ensure the safety of the members and their belongings.

3. SD ARNG FORCE PROTECTION REQUIREMENTS.

a. The SD ARNG Contracting Office reserves the right to disqualify properties that do not meet their lodging physical security requirements. The appropriate selection of lodging facilities greatly reduces personnel threat exposure while enhancing force protection considerations. It is paramount that an assessment of potential lodging areas be conducted prior to establishing an award or contract. This may be conducted in conjunction with assessments from Unit Points of Contact and Contracting Officer knowledge of the lodging facility. Security requirements are primarily based on historical police reports and criminal activity. Therefore, properties shall be in a low crime area, free of drugs, prostitution, and other criminal activity.

b. The SD ARNG currently has a policy stating the unit members will be housed in the same hotel to the maximum extent practicable each IDT weekend. The contractor must notify the

Unit POC and the contracting office if soldiers are to be distributed among more than 1 hotel.

This requirement is implemented from risk management strategies and vulnerability assessments however allows for flexibility due to local events. (Basketball tournaments, tourism/hunting seasons, room availability etc.)

C. HEATING, AIR CONDITIONING AND VENTILATION. Living quarters shall be provided with heating and air conditioning (in season) and ventilation necessary to maintain comfort for guests.

D. TELEPHONE. A telephone in good working order with free local access shall be provided in each room. The occupant is personally responsible for telephone charges exceeding the free local access.

The government shall incur no liability for telephone calls and charges made by the soldier.

E. “DO NOT DISTURB” SIGNS. All rooms shall have such signs available. (Hotel/Motel

Property) employees shall respect them when displayed.

F. BATHROOMS. Bathrooms shall be in sanitary condition. Bathrooms shall contain a shower and/or tub combination with a wash basin, a properly functioning toilet, and a mirror. Additionally, bathrooms must have adequate lighting and grounded electrical outlets for use of electrical razors, hair dryers etc. The shower or shower/tub combination shall have shower doors or curtains.

SPECIFIC TASKS TO BE COMPLETED BY

CONTRACTOR

The Contractor will ensure the Hotel/Motel Property will provide the following services:

A. RESERVATION/ASSIGNMENT OF ROOMS.

1. The Designated Point of Contact for the SDARNG 152nd CSSB is responsible for identifying Unit personnel who require lodging. Each month, the Unit POC shall document the names of Unit personnel on a Reservation Request Sheet, which the POC will submit as an initial Reservation Request for rooms to the contractor not later than 14 days prior to first check-in date.

2. SD ARNG personnel shall not be lodged under this Contract unless such authorization (the

Reservation Request Sheet) is presented to the contractor.

3. Single rooms may be used if double occupancy rooms are unavailable. SDARNG personnel who are married to each other may occupy the same hotel/motel room (single room) upon request and will be noted on the Reservation Request Sheet.

4. The Contractor will honor roommate assignments provided by the Unit POC via the Reservation

Request Sheet for rooms.

5. Once the Hotel/Motel confirms reservations with the Contractor, the Contractor will add the confirmation data to the Reservation Request Sheet and return updated information to the Unit POC within three days prior to the check in date.

B. RESERVATION REQUESTS. Government/Unit Point of Contact (POC) will coordinate a minimum of 14 days in advance with the contractor to request number of rooms to be reserved. Rooms will not automatically be reserved until Unit POC’s send in their request. The Government POC shall coordinate room numbers and any changes on an ongoing basis.

C. CHECK IN PROCEDURES.

1. The Contractor will ensure the Hotel/Motel Property must provide a check in/out service on a 24-hour basis, 7 days a week.

2. The Contractor will ensure that the Hotel/Motel will verify all SD ARNG personnel via valid identification (Military ID) against the final Reservation Request Sheet or other pre-approved/authorized method. The Hotel/Motel shall not rely on wear of military uniform as an indicator of military status or authorization to receive lodging under the Contract.

3. The Hotel/Motel will be responsible for collecting payment from any member who is required to make full or partial payment due to special requests for rooms other than those authorized (i.e.

members with families, requests for single room when double is authorized, etc.).

4. The Contractor will ensure the Hotel/Motel will not allow anyone not listed on the Reservation

Request Sheet to check in if they are not named on the Reservation Request Sheet. The Government shall not be responsible for payment of accommodations provided to any individuals that checks into a property without being listed in the final roster or previously communicated by the Unit POC to the Contractor. Any member who requests lodging under this contract who is not listed on the final roster or previously communicated by the Government POC shall be responsible for standard room rates and any applicable taxes.

5. SD ARNG personnel who fail to meet the required checkout time will be held financially liable for all incurred costs. The Government incurs no liability for a late checkout.

D. CANCELLATION. The Unit POC shall be allowed reservation cancellations up to 48 hours prior to the night of check-in without charge to the Government.

E. NO-SHOWS. The Government accepts responsibility for collection of payment when SD ARNG

Personnel fail to cancel reservations prior to the above period. The Contractor will bill the Government with a note on the bill for each NO-SHOW to be documented in the contract file and submitted to the soldier’s chain of command.

F. CUSTODIAL/SANITATION SERVICES. The contractor shall ensure a clean and healthy environment. All custodial/sanitation services shall be in accordance with commercial standards.

G. LINEN SERVICE. Shall be in accordance with industry standards. General daily housekeeping, to include making beds, replacing towels, emptying trash receptacles, cleaning floors and sanitizing bathrooms shall also be in accordance with these standards.

H. INFORMATION SERVICES. Desk clerks shall be able to explain to occupants miscellaneous charges not covered by this Performance Work Statement, for example, telephone charges.

I. ADDITIONAL AMENITIES/SERVICES. All facilities and courtesies customarily extended to occupants without charge (i.e. pools, lounges, parking areas, etc.) shall also be made available without additional charge to the Government under this Contract. All extra services not specified in this Performance Work Statement, or not normally included in the room rate, shall be paid by the individual(s). Food service is neither requested nor authorized in this Contract. The contractor shall only provide concierge, shuttle, or extra services at no cost if normally such services are provided to other guests.

J. LIABILITY / MISCELLANEOUS SERVICES. The government will not be responsible for any miscellaneous charges/damages incurred by travelers. The SD ARNG Unit POC shall explain to each service member that miscellaneous charges (such as telephone charges, pay-per-view movies, room service, meals, smoking in the facility, damage charges, etc.) are not covered by this Contract and will be charged to and paid for by the individual. This will be part of the initial room reservation request process completed by the Unit POC. The front desk should also explain this to SD ARNG Personnel upon check-in. The contractor shall provide information to the travelers on services available that are not inclusive.

ADDITIONAL REQUIREMENTS

In addition to the requirements listed above, the following shall apply to this Contract:

A. SUBCONTRACTING. The Contractor shall furnish lodging in an establishment or at a location agreed to by the Contracting Officer. The Contractor shall not subcontract to any other establishment, or any other location not specified in the contract without prior written approval from the Contracting Officer.

Establishments proposed for subcontracting shall meet all of the terms, conditions, and specifications of services in this Contract.

B. ILLEGAL ACTS. The contractor shall not reserve lodging at an establishment where illegal acts are knowingly condoned on the premises.

C. QUALITY ASSURANCE. The Contracting Officer’s Designated Unit Point of Contact will monitor the contractor’s performance and will use QASP’s to document any issues from occupants to ensure terms, conditions, and specifications of services are met. The Government reserves the right to perform an inspection to verify hotel services meet the government requirements identified in this PWS and/or other factors that may impact service to Government Personnel. If discrepancies are noted, the contractor will be notified and/or requested to attend meetings to discuss/resolve those discrepancies. Inspections shall be performed as needed either scheduled or unscheduled throughout the POP. The Inspection team may consist of all individuals who are associated to this requirement. The inspections will be used by the SD ARNG to randomly assess the quality of the lodging provided by the contractor and ensure that standards are met on yearly basis.

D. EVALUATION OF CONTRACT PERFORMANCE. The Government will typically perform contract surveillance by direct observation, periodic inspection and complaints to determine contractor performance.

Regardless of the surveillance method, the Point of Contact (POC) will always contact the contractor’s manager or on-site representative when a defect is identified and inform the Contractor and SD ARNG Contracting Office of the specifics of the problem. The POC is responsible for monitoring the contractor’s performance.

E. SERVICE DELIVERY SCHEDULE.

The Contractor Service Delivery Schedule identifies the major tasks or deliverables the contractor will be providing or accomplishing during the contract period. The schedule identifies the task standards, the acceptable level of quality and the primary method the Government will use to assess the contractor’s performance.

CONTRACTOR’s SERVICE DELIVERY SCHEDULE ROOMS Deliverable/Tasks Performance Standard Acceptable

Quality Level Method Used/ Frequency

Sleeping Room -Beds are in good condition -Pillows are provided -Room door locks properly -Room is clean -Blankets are clean

95% of time -Complaint

Bath Room / Shower -Shower works properly with hot water -Shampoo and soap provided -Towels provided are clean -Bathroom is clean

95% of time -Complaint

Heating/Cooling -Heating system works properly -Air conditioning works properly

95% of time -Complaint

Operational Security Requirements

-Contractor will protect controlled unclassified information pertaining to daily operations.

100% of time -Daily inspection and spot check

Environment/Safety - Ensure a safe and crime free environment 95% of time -Complaint

Reservations - Ensure reservations are sufficient & accurate based upon Gov’t POC requests.

100% of time -Complain

III. PERFORMANCE REQUIREMENTS

1. Contractor Management. The contractor shall provide the name of a manager who shall be available and responsible for the performance of the work under this Contract. The Contract manager and alternate shall have full authority to act for the contractor on all matters relating to the performance of this agreement. The Contract manager or alternate shall be available for contact by government personnel designated by the contracting officer to discuss any problem areas.

2. No government (SD ARNG) personnel, other than a Contracting Officer, shall change the terms of this Contract.

IV. GOVERNMENT-FURNISHED PROPERTY AND SERVICES.

1. The US Government shall not provide any equipment, facilities, labor or services for this requirement. Except as required for the room reservation process communicated to the contractor.

2. The US Government will provide the following in support of this Contract:

A. If established, a copy of the Contract.

B. If a Contract is established, information identifying all Unit Points of Contact who are authorized to purchase/issue Reservation Requests against the Contract. This will be updated and provided to the contractor on an as-needed basis.

C. If a Contract is established, a list of anticipated dates of lodging for IDT Training periods (Drill

Schedule) for a time period in length not to exceed one (1) year from the time of Contract establishment. This drill schedule will be updated annually and be provided to the contractor.

D. If a Contract is established, Reservation Request Sheets to the Contractor shall be provided by the Unit Point of Contact.

V. DEFINITIONS.

A. CONTRACTOR: The term as used in this requirement refers to the primary (prime) contractor or vendor.

B. CONTRACTING OFFICER: The government official who has authority to enter into contract, administer or terminate contracts. He/she can make related determinations and findings on behalf of the government. The Contracting Officer is the ONLY individual who can legally bind the government.

C. Unit Point of Contact (POC): The South Dakota Army National Guard Soldier that is responsible for the Lodging requirement for their perspective unit. This point of contact is the only personnel authorized to make reservations, changes and request additional rooms with the contractor.

D. The GOVERNMENT. The South Dakota Army National Guard.

Price Quote

**Complete the information below for pricing quote(s) for all intended Lodging Facilities to be used for the Base year, possible option years (2), and possible 6 month extension. Include pricing for each option year based on any anticipated cost increases. For example, $60 per room Base year, $65 option 1, $70 option 2, and $75 possible extension.

**Prices shall include the total price per room per night including any and all applicable fees.

This is for informational purposes only. Dates and room numbers may change monthly due to unit needs.

UNIT Location ROOMS PER MONTH ROOMS PER YEAR OCCUPANCY

152nd CSSB Brookings, SD 40 440 Double

FY24 1 NOV 23 – 31 OCT 24 QUOTE COST PER ROOM, PER NIGHT:

Per Room Price: $

Name of Hotel:

Name of Hotel:

FY25 1 NOV 24 – 31 OCT 25 QUOTE COST PER ROOM, PER NIGHT:

Name of Hotel:

FY26 1 NOV 25 – 31 OCT 26 QUOTE COST PER ROOM, PER NIGHT:

Name of Hotel:

Possible 6 month extension QUOTE COST PER ROOM, PER NIGHT:

Primary Contractor Name and Contractor POC:

Telephone:

Email:

Cage code:

W912MM23Q0032

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 440 Each Lodging

FFP

Services, Non personal

Base year covering 1 December 2023 - 30 November 2024

Contractor POC: TBD

Government POC: TBD

DA3953: W5J9VJ-3242-0500

FOB: Destination

PSC CD: V231

NET AMT

0110 440 Each OPTION Lodging

FFP

Services, Non personal

Option period 1 - 1 December 2024 - 30 November - 2025

0210 440 Each OPTION Lodging

FFP

Services, Non personal

Option period 2 - 1 December 2025 - 30 November 2026

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0110 Destination Government Destination Government 0210 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 01-DEC-2023 TO

30-NOV-2024

N/A 152ND CSSB

BARBARA BOYER

300 5TH STREET S

BROOKINGS SD 57006

605-696-5440

W5J9VJ

0110 POP 01-DEC-2024 TO

30-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

0210 POP 01-DEC-2025 TO

30-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

MAR 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (DEC 2022) Alternate I

OCT 2014

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

DEC 2022

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

JUN 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (MAR 2023)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JUN 2023

52.246-1 Contractor Inspection Requirements APR 1984 52.252-6 Authorized Deviations In Clauses NOV 2020 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

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

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of…