B01-Combo Synopsis Solicitation_Tests on Fire Extinguishers_20230412.pdf

COMBINED SYNOPSIS / SOLICITATION

Testing and Inspection of Fire Extinguishers, Fire Rated Doors and Panic Hardware, USAG Italy DMC Livorno, Italy

1. This is a combined synopsis/solicitation for commercial services 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; quotations are being requested and a written solicitation will not be issued. The Government intends to issue a single-award, non-personal service contract on a firm fixed-price basis and to solicit the proposed services under the authority FAR Part 12 and FAR Part

13. Contracts awarded under FAR 13 are not subject to FAR 15.3 procedures.

Accordingly, award of a contract under this request, should an award be made, shall follow the procedures outlined in FAR 13, as supplemented.

This is a request for quote (RFQ), # W58D2M-23-Q-0003.

This combined synopsis/solicitation incorporates provisions and clauses for commercial services in effect through Federal Acquisition Circular (FAC) 2023-02 published 16 March 2023.

This requirement is being solicited for full and open competition on https://www.sam.gov. NAICS for this requirement is 541990 with a Product Service Code of H212.

2. Description: The Contractor shall perform tests and inspections on the fire extinguishers, fire rated doors and panic hardware listed on Attachment 1 “Inventory”, in accordance with the attached Performance Work Statement (Attachment 3 “Performance Work Statement”). The Contractor shall manage and provide all equipment, tools and labor necessary to perform the services, as outlined in the Performance Work Statement.

Contract Line Item Structure: See Attachment 2 “Pricing Worksheet”, for a complete list of the description of the items, quantities, and units of measure.

The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

Period of Performance (estimated):

• 20 June 2023 – 19 June 2024 (Base year)

• 20 June 2024 – 19 June 2025 (Option Year One)

• 20 June 2025 – 19 June 2026 (Option Year Two)

Place of Performance: USAG Italy Livorno – Darby Military Community

3. The Points of Contact and addresses for this contract are:

Ryan Bueno Contracting Officer Regional Contracting Office – Sub-Office Livorno Comando Americano Camp Darby – Depot Area 56128 Tirrenia (PI); ITALY E-mail: ryan.d.bueno2.civ@army.mil Telephone: (39) 050-965-8760

Ketti Andrei Contract Specialist Regional Contracting Office – Sub-Office Livorno Comando Americano Camp Darby – Depot Area 56128 Tirrenia (PI); ITALY E-mail: ketti.andrei2.ln@army.mil Telephone: (39) 050 -965-8766

4. Provisions and Clauses:

(a) FAR 52.212-1 Instructions to Quoters -- Commercial Products and Commercial Services (March 2023) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

i. INSTRUCTION. The Quoter shall provide a written quote (IN ENGLISH) that must address each of the factors listed below. FAILURE TO DO SO MAY RESULT IN THE FACTOR BEING EVALUATED AS “UNACCEPTABLE”. The only document that can be submitted in a language other than English is the Certificate of Chamber of Commerce. All other documents including the Technical Specifications shall be submitted in English language.

ii. QUOTE DUE DATE. All quotes must be submitted to the Contracting Officer, ryan.d.bueno2.civ@army.mil and to the Contract Specialist, ketti.andrei2.ln@army.mil, no later than 12:00 p.m. (GMT+01:00, Rome) on May 23, 2023. All quotes shall be submitted in English and include the company point of contact, phone number, and email address. Quotes shall be submitted through e-mail to the mailing address. The Quoter is responsible for ensuring delivery to the POCs listed above. Quotations that are sent in multiple emails shall be numbered to include the total number of emails sent.

iii. QUOTE INSTRUCTIONS. The following instructions establish the minimum requirements for the format and content of Quoter’s quote to be acceptable:

mailto:ln@army.mil mailto:ryan.d.bueno2.civ@army.mil mailto:ketti.andrei2.ln@army.mil

a. Quoters are expected to examine all specifications, provisions, clauses, attachments and instructions and meet all of the requirements contained in this solicitation. Failure to meet a requirement may result in the quote being ineligible for award. The Quoter is responsible for submitting a well-written quote, with adequately detailed information which clearly demonstrates compliance with the solicitation requirements. The Government intends to make an award based off initial Quote submissions.

b. Each Quoter must furnish all information required by this solicitation in their quote. Quotes for products or services other than those specified will not be considered.

Only electronic quotes via e-mail will be accepted. Quotes shall include one scanned copy of the dated offer signed by an official of the company fully authorized to bind the quote. The documents shall be submitted in Adobe Acrobat (PDF) format.

E-Mail Submission Instructions: Quoter shall submit their quotation via E-Mail using the subject line “W58D2M-23-Q-0003 Testing and Inspection of Fire Extinguishers, Fire Rated Doors and Panic Hardware, USAG DMC Livorno, Italy". If more than one E-Mail is required to submit all quotation attachments, Quoter shall indicate in the E-Mail number at the end of the subject (i.e. for the first of three E-Mails, "W58D2M-23-Q-0003 Testing and Inspection of Fire Extinguishers, Fire Rated Doors and Panic Hardware, USAG DMC Livorno, Italy", E-Mail 1 of 3”. If the quotation submission requires multiple e-mails to submit, ALL E-Mails shall be received prior to the due in time stated on the solicitation). E-mails received after shall be considered late and the quote may be rejected. (NOTE: recommended maximum file(s) size per email is no larger than 5MB. If quotation documents exceed 5MB, recommend submitting in multiple emails).

Quoters shall include the names and number of attachments in the body of each E-Mail. E-mail submissions shall be sent to both of the above email addresses. Be advised that the Government does not provide automatic notification of receipt; contact the POC via telephone to receive confirmation.

iv. PRE-QUOTE CONFERENCE AND/OR SITE VISIT. A pre-quote conference and/or site visit will be held on May 3, 2023, 9:30 a.m. hours, meeting point Gate # 27. Interested Vendors shall indicate their interest by submitting an email not later than Close of Business (COB) 5:00PM by April 21, 2023, to ketti.andrei2.ln@army.mil and ryan.d.bueno2.civ@army.mil. Please indicate in your email the Request for Quotation number/description of services and the name of the company, the address, the phone number, the fax number, the e-mail address, and name of the person(s) who will be present at the site visit (maximum two attendees can be physically present). Include the following information for site visit attendee(s): first name, last name, date of birth, place of mailto:ketti.andrei2.ln@army.mil birth, type and number of identification document. A legible copy of the identification document has to be provided. If the person has entry pass for the Pisa Ammunition Storage Area (PASA) Area, a copy of the pass has to be provided. Only the person who has provided the personal data would be allowed to attend the site visit. The Guards will check the identification card at the gate.

The quoter(s) not present on the list will be denied the entrance to the base.

NOTE: Interested parties are NOT required to attend the organized site visit in order to submit a quote. Not indicating interest as described above does not preclude the Vendor from participating in this requirement.

v. QUESTION & ANSWER. All prospective Quoters are highly encouraged to ask questions regarding this RFQ by e-mail to the Contracting Officer and Contract Specialist no later than 12:00 p.m. (GMT+01:00, Rome) on May 8, 2023. Answers to questions will be posted to https://www.sam.gov/.

vi. NOTE TO QUOTERS. To be awarded a government contract you MUST:

• Have a Unique Entity Identifier number – created in sam.gov;

• Have a NCAGE number (https://www.dla.mil/HQ/LogisticsOperations/Services/FIC/NATO/NATOCAGE/)

• Be registered and active in the System for Award Management (SAM) website (https://www.sam.gov/).

vii. SUBMISSION REQUIREMENTS

Part 1 – Cover Letter A one-page cover letter must accompany each quote. Prepare this letter on your company letterhead with the following information:

a. Solicitation Number

b. Project Title

c. Full Legal Name and Address of Company

d. NCAGE Code

e. Date of the Quote

f. Principal Point of Contact Name, Title, Address (if different from the above), Telephone Number, Fax Number and Internet email address.

g. A statement that the quote is valid for 90 days

Part 2 – Qualifications The Qualifications submission should be specific and complete. Your responses will be evaluated against the factors defined in Addendum to 52.212-2: Basis of Award, as outlined in this request. Address the requirements of the solicitation for meeting or exceeding the Government’s minimum performance or capability requirements of each factor, as they apply to the PWS. All the requirements specified in the solicitation are mandatory. By your quote submission, you are representing that your company will perform all of the requirements specified in the solicitation.

Part 3 – Price This section shall contain the quoted CLIN Price and the total price for all items, submitted on Attachment 2 “Pricing Worksheet”. Quotation submitted in response to this RFQ will be in terms of EURO or DOLLARS. Quotes received in other than EURO or Dollars will be rejected. Rate used USD 1 = Euro 0.9381. If contract is awarded to an American company, award will be in USD. The United States government is exempt from payment of Imposta Valore Aggiunto (IVA) tax, in accordance with DFAR 252.229-7003, Tax Exemptions, and with Article 72 of the Italian IVA implementing Decree Law 633, dated October 26, 1972.

(b) FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (Nov 2021) this Provision has been tailored to this procurement and provided in full text below:

1. The Government will award one Firm Fixed Price contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation will be the lowest price technically acceptable quote to the Government, price and other non-price factors considered. The Government intends to make an award based on a selection of the technically acceptable offer with the lowest price. Technical acceptability will be based on a contractor submitting a quote that complies with all of the requirements listed in the Solicitation and Performance Work Statement (PWS). An acceptable rating must be obtained for the technical factor. Each factor will be evaluated as acceptable or unacceptable. Any Unacceptable factor will result in the Quoter being deemed technically unacceptable. Award will be made to the lowest priced quote that meets or exceeds all the minimum mandatory criteria in the solicitation evaluation factors. Quoters are put on notice that:

a. The non-price factors will be evaluated on an “acceptable”/”unacceptable” basis.

b. The non-price factors are evaluated for acceptability and NOT ranked.

c. There is no relative order of importance of factors. Award will be made to the lowest priced quote that meets or exceeds all the minimum mandatory criteria in the solicitation evaluation factors.

2. In order to be eligible for an award, an offer shall be rated “ACCEPTABLE” on all non-price factors.

3. Once the Evaluation Team has identified the quotes that are technically acceptable, the Contracting Officer will make the award decision to the responsible Quoter on the basis of lowest price.

4. The U.S. Government intends to evaluate quotes and award a contract without discussions; however, the U.S. Government reserves the right to hold discussions. It should be noted that there is no obligation on the part of the government to make an award to any Quoter in response to this RFQ.

The following factors shall be used to evaluate offers:

Factor 1 – Technical Qualifications Factor 2 – Price

Factor 1 – Technical Qualifications

a. Sub-factor 1 – Certifications. The Quoter shall submit a copy of the following certifications:

• “Certificato Iscrizione Camera di Commercio, Industria, Agricoltura, Artigianato” which shows the qualification of the firms to perform tests on Fire extinguishers. Fire rated Doors and Panic Hardware.

• ISO EN 9001 and UNI EN ISO 14001 Certification.

b. Sub-factor 2 – Past Experience. The Government will evaluate the Quoter’s written narrative demonstrating the company’s experience on Tests and Inspections of Fire Extinguishers, Fire Rated Doors and Panic Hardware. A minimum of three experiences performed within the last three years should be demonstrated. The value of each work shall not to be less than €25,000.00. Complete and submit Attachment 4 “Experience Questionnaire” for each provided experience or equivalent contractor format that demonstrates same information requested in the questionnaire.

The Government will review the Quoter’s qualifications, inclusive of each sub-factor, to verify the Quoter’s certifications and experience will best meet the governments need, and will assign a rating to the factor. The technical definition ratings as follows:

• Acceptable: Quote meets the requirements of the solicitation.

• Unacceptable: Quote does not meet the requirements of the solicitation.

Factor 2 – Price

The Quoter shall submit pricing for each Contract Line Item Number (CLIN). The Quoter shall ensure that the proposed prices are entered for each of these CLINs and submit using Attachment 2 “Pricing Worksheet” of this solicitation. The Quoter shall enter a unit price and total price of each CLIN for which the Quoter is able to provide the specified item. The Unit Prices proposed on the Pricing Worksheet must be all inclusive. All CLINs are Firm Fixed Price and the Government will not make any future adjustment to the agreed contract prices, nor make any changes related to prices. The Government will evaluate quotes using price analysis described in FAR 13.106-3 to ensure the price is fair and reasonable.

Priced quotes should support the proposed Technical Factor and Sub-factors and will be evaluated for total price, completeness, and reasonableness. The Quoter whose price is determined to be incomplete or unreasonable will not be considered for award.

NOTE: Evaluation of options shall not obligate the Government to exercise such options or optional CLINs.

a. Completeness: Pricing will be reviewed to determine if all price information requested by the solicitation has been submitted.

b. Reasonableness: The total evaluated price will be evaluated for reasonableness, defined as the degree to which the proposed prices compare to the prices a reasonably prudent person would expect to incur for the same or similar service.

i. Discussions MAY be conducted but the Government intends to make award based on the initial Quote submissions, without conducting discussions. Therefore, each offer should contain the Quoter’s best terms from a price and technical standpoint.

If during any part of the evaluation and selection it is determined to be in the best interest of the Government, the Government reserves the right to hold discussions with Quoters to address any issues including technical and price (if necessary). Responses to discussions will be considered in the evaluation and selection.

ii. REQUIRED DOCUMENTATION FOR THE DETERMINATION OF

RESPONSIBILITY:

The U.S. Government requires the Quoter submit the following documentation/certification to ensure the prospective contractor currently meets the applicable standards in Federal Acquisition Regulation 9.104 – Standards.

a. Certificate of Chamber of Commerce (Ordinario): The Quoter shall provide a copy, of the offer of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio), NOT older than two (2) months at the time set forth for the receipt of quotes. Self-certifications are NOT allowed.

b. Self-Certification for AntiMafia Communication: The Quoter shall complete Attachment 5 “Self-Certification for Antimafia communication” (Autocertificazione della comunicazione antimafia) consisting of one (1) Page.

c. DURC: Documento di regolarita’ contributiva (DURC): The quoter shall provide with the quote a copy certified and NOT older than ninety (90) days at the time set forth for the receipt of the quote of the DURC. (Documento Unico di Regolarità Contributiva). Self-certifications are NOT allowed. However, if the quoter has submitted a certified DURC to the issuing office (RCO Sub Office Livorno) within 90 days from the due date of this quote then the quoter may submit a copy of the previously certified DURC. The document MUST include the following statement otherwise the quote will be rejected “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”. Only applicable to Italian Companies.

d. Dichiarazione di non essere oggetto di provvedimenti di sospensione o interdittivi di cui all'art. 14 del D.Lgs n.81-2008

Although past performance may not be used as an evaluation factor, sources available to the Government will be used as part of the responsibility determination made IAW FAR 9.104-1. The Government reserves the right to obtain information relative to present and past performance on its own.

c. Each vendors shall ensure the provision at FAR 52.212-3, Quoter Representations and Certifications--Commercial Products and Commercial Services (May 2022), are updated at https://www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award.

d. The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2021), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

ADDENDUM TO 52.212-4

1. In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract. The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:

a. Inspection and Acceptance. Inspection and acceptance of services under this contract shall be performed by the Contracting Officer’s Representative (COR). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified in accordance with the delivery information specified above.

b. Invoice: The contractor shall comply with WAWF DFARS Clause 252.232-7006 for submission of invoices. No paper invoices shall be submitted to the Contracting Office for approval. Invoices shall only be submitted through the WAWF electronic system.

2. The contractor shall:

a. Upload the paper version of the invoice in WAWF

b. Upload a valid DURC certificate in WAWF – ONLY APPLICABLE TO ITALIAN

COMPANIES

c. Upload the following statement signed in WAWF:

“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payment due to employees, subcontractors, and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”

3. PARTIAL PAYMENTS ARE AUTHORIZED. Only the actual services rendered in accordance with the Performance Work Statement will be paid.

e. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services, is provided in full-text below:

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

_X_ (4) 52.204-10, 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. (Nov 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the Quoter elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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 (Nov 2021) (15 U.S.C.

637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) 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 (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Sep 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (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, Non manufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

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

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

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C.

chapter 78 and E.O. 13627).

_X_ (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 (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 (Jun2014) of 52.223-14.

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

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

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

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

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

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

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

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

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

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

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

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

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

13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

793).

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

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

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

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

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

13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

f. In addition to the provisions and clauses elsewhere in this solicitation, the following provisions and clauses are applicable to this requirement:

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jun 2020 52.204-23 Prohibition on Contracting for Hardware, Software and Service Developed or provided by Kaspersky Lab and other Covered Entities Nov 2021 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 52.211-16 Variation in Quantity Apr 1984 52.225-14 Inconsistency between English Version and Translation of Contract 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving Jun 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas Apr 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts Feb 2013 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes May 2014 52.233-4 Applicability Law for Breach of Contract Claim Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-15 Stop-Work Order Aug 1989 52.245-1 Government Property Sept 2021 52.245-9 Use and Charges Apr 2012 52.246-4 Inspection of Services-Fixed Price Aug 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sept https://www.acquisition.gov/far/part-52#FAR_52_203_12 https://www.acquisition.gov/far/part-52#FAR_52_204_10 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_225_14

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022 252.204-7003 Control of Government Personnel Work Product Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Jan 2023 252.209-7004 Subcontracting with Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism May 2019 252.211-7007 Reporting of Government-Furnished Property Mar 2022 252.222-7002 Compliance with Local Labor Laws (Overseas) Jun 1997 252.222-7003 Permit From Italian Inspectorate of Labor Jun 1997 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials Sep 2014 252.225-7012 Preference for Certain Domestic Commodities Mar 2022 252.225-7041 Correspondence in English Jun 1997 252.225-7048 Export-Controlled Items Jun 2013 252.229-7001 Tax Relief Apr 2021 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 252.232-7010 Levies on Contract Payments Dec 2006 252.243-7001 Pricing Of Contract Modifications Dec 1991 252.243-7002 Requests for Equitable Adjustment Dec 2012 252.244-7000 Subcontracts for Commercial Items Jan 2021 252.245-7001 Tagging, Labeling and Marking of Government-Furnished Property Apr 2012 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7004 Reporting, Reutilization, and Disposal Dec 2017 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations Oct 2010 252.247-7023 Transportation of Supplies by Sea Feb 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

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…