B08.02 W912HQ24R0015 Standard Form 33 - NDC MATOC.pdf

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until 04:30 PM local time 08 Nov 2024

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David.A.Kaplan@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 50

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912HQ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and electronic submission required conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

DAVID A KAPLAN 703-428-8487

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

13 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

14 - 15 16 - 17

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 19 - 20 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

21 - 27

PART II - CONTRACT CLAUSES

USACE HUMPHREYS ENGR CTR SPT ACTIVITY

ATTN: CEHEC-CT,

7701 TELEGRAPH ROAD

ALEXANDRIA VA 22315-3860

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Oct 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912HQ24R0015

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job Labor - Base Year

FFP

The Contractor shall provide Analytical and Professional Support Services in accordance with the Performance Work Statement (PWS) entitled "Navigation and Civil Works Data Analysis and System Support Professional Services".

FOB: Destination

PSC CD: R499

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 1 Job Other Direct Costs - Base Year

COST

Other Direct Costs (ODC) for items including but not limited to materials and commercial computer applications and tools, will be negotiated prior to issuance of individual Task Orders.

FOB: Destination

PSC CD: R499

MAX COST

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 1 Job Travel Costs - Base Year

COST

Travel will be negotiated prior to issuance of individual Task Orders. In accordance with FAR 31.205-46, travel costs, if applicable, shall be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts. Travel requirements will be negotiated prior to issuance of individual Task Orders. This is a non-fee/profit bearing line item.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job OPTION Labor - Option Year 1

FFP

The Contractor shall provide Analytical and Professional Support Services in accordance with the Performance Work Statement (PWS) entitled "Navigation and Civil Works Data Analysis and System Support Professional Services".

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1002 1 Job OPTION Other Direct Costs - Option Year 1

COST

Other Direct Costs (ODC) for items including but not limited to materials and commercial computer applications and tools, will be negotiated prior to issuance of individual Task Orders.

UNIT UNIT PRICE MAX AMOUNT

1003 1 Job OPTION Travel Costs - Option Year 1

COST

Travel will be negotiated prior to issuance of individual Task Orders. In accordance with FAR 31.205-46, travel costs, if applicable, shall be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts. Travel requirements will be negotiated prior to issuance of individual Task Orders. This is a non-fee/profit bearing line item.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job OPTION Labor - Option Year 2

FFP

The Contractor shall provide Analytical and Professional Support Services in accordance with the Performance Work Statement (PWS) entitled "Navigation and Civil Works Data Analysis and System Support Professional Services".

FOB: Destination

PSC CD: R499

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2002 1 Job OPTION Other Direct Costs - Option Year 2

COST

Other Direct Costs (ODC) for items including but not limited to materials and commercial computer applications and tools, will be negotiated prior to issuance of individual Task Orders.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

2003 1 Job OPTION Travel Costs - Option Year 2

COST

Travel will be negotiated prior to issuance of individual Task Orders. In accordance with FAR 31.205-46, travel costs, if applicable, shall be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts. Travel requirements will be negotiated prior to issuance of individual Task Orders. This is a non-fee/profit bearing line item.

UNIT UNIT PRICE MAX AMOUNT

3001 1 Job OPTION Labor - Option Year 3

FFP

The Contractor shall provide Analytical and Professional Support Services in accordance with the Performance Work Statement (PWS) entitled "Navigation and Civil Works Data Analysis and System Support Professional Services".

UNIT UNIT PRICE MAX AMOUNT

3002 1 Job OPTION Other Direct Costs - Option Year 3

COST

Other Direct Costs (ODC) for items including but not limited to materials and commercial computer applications and tools, will be negotiated prior to issuance of individual Task Orders.

UNIT UNIT PRICE MAX AMOUNT

3003 1 Job OPTION Travel Costs - Option Year 3

COST

Travel will be negotiated prior to issuance of individual Task Orders. In accordance with FAR 31.205-46, travel costs, if applicable, shall be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts. Travel requirements will be negotiated prior to issuance of individual Task Orders. This is a non-fee/profit bearing line item.

UNIT UNIT PRICE MAX AMOUNT

4001 1 Job OPTION Labor - Option Year 4

FFP

The Contractor shall provide Analytical and Professional Support Services in accordance with the Performance Work Statement (PWS) entitled "Navigation and Civil Works Data Analysis and System Support Professional Services".

UNIT UNIT PRICE MAX AMOUNT

4002 1 Job OPTION Other Direct Costs - Option Year 4

COST

Other Direct Costs (ODC) for items including but not limited to materials and commercial computer applications and tools, will be negotiated prior to issuance of individual Task Orders.

UNIT UNIT PRICE MAX AMOUNT

4003 1 Job OPTION Travel Costs - Option Year 4

COST

Travel will be negotiated prior to issuance of individual Task Orders. In accordance with FAR 31.205-46, travel costs, if applicable, shall be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standard Regulations, Section 925, as applicable. All air travel must be booked on American-flagged carriers, unless otherwise directed by the Contracting Officer. The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts. Travel requirements will be negotiated prior to issuance of individual Task Orders. This is a non-fee/profit bearing line item.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $49,905,262.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,500.00 $10,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $2,500.00 $49,327,262.00 0002 $1.00 $40,000.00 0003 $1.00 $40,000.00 1001 $2,500.00 $49,327,262.00 1002 $1.00 $40,000.00 1003 $1.00 $40,000.00 2001 $2,500.00 $49,327,262.00 2002 $1.00 $40,000.00 2003 $1.00 $40,000.00 3001 $2,500.00 $49,327,262.00 3002 $1.00 $40,000.00 3003 $1.00 $40,000.00 4001 $2,500.00 $49,327,262.00 4002 $1.00 $40,000.00 4003 $1.00 $40,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,500.00

$10,000,000.00

$1.00

$40,000.00

PRICE SCHEDULE - LABOR RATES

The price for each task order will be negotiated prior to issuance in accordance with the labor categories and the fully burdened labor rates as stated in the price schedule. The labor rates are binding on all future Task Orders. Offerors may propose discounted rates from the proposed rates. Offerors shall propose labor rates for each labor category on Attachment 5. The rates proposed on Attachment 5 will be populated by the Government upon award of the contract into the table below. The labor rates in the table below shall be binding labor rates that may not be exceeded.

Labor Category

Base Year Option Year

Option Year

Option Year

Option Year

Sr. Principal Investigator

Program Manager

Project Manager Cybersecurity, Software Engineer (Sr.)

Artificial Intelligence Engineer

IT , AIS, Cloud, Information Systems

Cybersecurity, Technician

Web Technician

Senior Economist

Scientist/Social Scientist Planner

Technical Editor

Data Technician

The Contractor shall furnish all necessary personnel required to perform the work in accordance with their Proposal dated [insert date of contractor’s proposal] and the Proposal dated [insert date] is hereby incorporated by reference. Contractor shall use the labor rates in this schedule to price all task orders and task order modifications issued throughout the life of the contract. The labor rates in this schedule are the ceiling rates. The contractor may use labor rates that are lower than the ceiling rates. Contractor shall not exceed the negotiated ceiling rates.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See Attachment 1 – Performance Work Statement

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAR-2025 TO

28-FEB-2026

N/A INSTITUTE FOR WATER RESOURCES

NO CONTACT IDENTIFIED

7701 TELEGRAPH ROAD

ALEXANDRIA VA 22315

N/A FOB: Destination

W26HM4

0002 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

0003 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

1001 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

1002 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

1003 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

2001 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

2002 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

2003 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

3001 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

3002 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

3003 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W26HM4

4001 POP 01-MAR-2029 TO

28-FEB-2030

N/A (SAME AS PREVIOUS LOCATION)

W26HM4

4002 POP 01-MAR-2029 TO

28-FEB-2030

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAR-2029 TO

28-FEB-2030

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

CONTRACTING OFFICER AUTHORITY

Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

Section H - Special Contract Requirements

GOVERNMENT RESERVED RIGHTS

The Government reserves the right to approve contractor recommended changes in technical personnel during the life of the contract.

MINIMUM GUARANTEE / IDIQ

The resulting IDIQ contract(s) include a base ordering period of one-year and four (4) one-year option periods. There is no guarantee that the option periods will be exercised on any or all of the awarded contracts. The minimum guaranteed order for each awardee is $5,000.00 for the base year only. The Contracting Officer is under no obligation to issue any task order(s) against this contract in excess of the minimum guarantee amount. Awarded contracts will share an estimated capacity of $49,902,262.00. The Government reserves the right to move unused capacity between CLINs and performance periods as necessary. The only authorized ordering office is the Humphreys Engineer Center Support Activity (HECSA).

ORDERING PROCEDURES

ORDERING PROCEDURES

The Contractor will be required to provide services in accordance with this contract through the issuance of task orders. Each task order issued pursuant to the “Ordering” clause (FAR 52.216- 18), shall be on a DD Form 1155, and will contain an individual task order number, by which the Contractor will identify the effort on all documentation, including, but not limited to, invoices, vouchers, correspondence and reports.

Prior to issuance of any task order over $2,500.00, the Government will transmit a Task Order Request for Proposal (TORFP) to the awardees based on the procedures in FAR 16.505(b), unless one of the exceptions in FAR 16.505(b)(2)(i) applies. After receipt of the TORFP for the individual task order, the contractor shall provide a proposal by a required date utilizing the labor categories and prices set forth in the IDIQ contract.

Each individual task order proposal must include a technical section and all price elements requested in the TORFP (i.e. labor and travel required for completion of the PWS). Based upon the proposals received, the Government will select the proposal based on tradeoff procedures determined to be the best value to the Government and a task order will be issued unilaterally.

No work shall be initiated by the contractor prior to receipt of the signed task order, unless otherwise authorized by the Contracting Officer. The work to be performed shall be in accordance with the written PWS attached to each task order.

TASK ORDER OMBUDSMAN

In accordance with FAR 16.505 (B)(6), the head of the agency has designated a task-order contract ombudsman. The ombudsman must review complaints from contractors and ensure that they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the contracting officer and may be the agency’s competition advocate.

Primary:

USACE Task Order Ombudsman

Information to be provided at Time of Contract Award

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 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

52.210-1 Market Research NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Alt II Small Business Subcontracting Plan (SEP 2023) Alternate II NOV 2016 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

DEC 2022

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

AUG 2022

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

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

JAN 2023

252.227-7000 Non-estoppel OCT 1966 252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 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

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-

O0006)

NOV 2021

252.245-7005 Management and Reporting of Government Property JAN 2024

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 5 years after date of award (actual dates will be completed at time of contract award).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $25,000,0000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 18 months after the expiration date of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (NOV 2020)

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to contracts that have been partially set aside for small business concerns.

(c) General.

(1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more small business concerns identified in 19.000(a)(3). Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected on the set-aside portion of the requirement.

(2) Small business concerns may submit offers and compete for the non-set-aside portion and the set-aside portion.

(d) The Offeror shall--

Submit one offer to include all portions for which it wants to compete.

(e) Partial set-asides of multiple-award contracts.

(1) Small business concerns will not compete against other than small business concerns for any order issued under the part or parts of the multiple-award contract that are set aside.

(2) Small business concerns may compete for orders issued under the part or parts of the multiple-award contract that are not set aside, if the small business concern received a contract award for the non-set-aside portion.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

Section K - Representations, Certifications and Other Statements of Offerors

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.219-1 Small Business Program Representations FEB 2024 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

JAN 2023

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

Section L - Instructions, Conditions and Notices to Bidders

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.216-27 Single or Multiple Awards OCT 1995 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) with firm fixed price labor rates resulting from this solicitation. Individual task orders issued against this contract will be firm fixed price.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

US Army Corps of Engineers Humphreys Engineer Center Support Activity Attn: Douglas E. Pohlman and David A. Kaplan 7701 Telegraph Road Alexandria, VA 22315

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

SUBMISSION INSTRUCTIONS

1.0 GENERAL INSTRUCTIONS:

1.1: Compliance. This section provides a general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The Offeror’s proposal must include all data and information requested in this section and must be submitted in accordance with these instructions. Any Offeror who submits an incomplete package may be considered ineligible for award. The proposal must be compliant with the requirements as stated in the PWS

(Attachment 1) and Appendices thereto. Non-conformance with the instructions provided in this section may result in unfavorable proposal evaluation.

1.2: Proposal Submission. Offerors shall submit proposals electronically to the following email addresses:

Mr. David A. Kaplan at email: David.A.Kaplan@usace.army.mil and

Mr. Douglas E. Pohlman at email: Douglas.E.Pohlman@usace.army.mil

The file name must contain the solicitation number W912HQ24R0015. File naming conventions are as follows: C03.0x (name of offeror) Volume (number) – W912HQ24R0015 dated yyyy.mmm.dd; i.e. C03.0x Kaplan Inc. Volume 1 – W912HQ24R0015 dated 2024.10.31

Electronic submissions are required. Failure to submit proposals by the closing time and date designated in Block 9 of the Standard Form 33 (SF33) may result in the proposal being deemed “late” and not considered for evaluation. See FAR 52.215-1 for rules concerning submission of offers and late proposals. Proposals will not be returned (except for timely withdrawals) but will be retained by the Government for official record purposes.

NOTE: Offerors proposal must be received by the Government at the time proposals are due.

Merely transmitting prior to the time proposals are due can potentially result in a proposal arriving “late” thus ineligible for evaluation.

1.3: Inquiries. Offerors may submit inquires, questions or comments relating to this solicitation via email to David.A.Kaplan@usace.army.mil no later than 4:30PM US Eastern Daylight Time, Thursday 24 October 2024 with a copy furnished via email to Douglas.E.Pohlman@usace.army.mil. Questions received after this dated may or may not be answered. Email subject line shall read: “Solicitation No. W912HQ24R0015 Questions”.

Questions must be submitted in MS Word. Questions submitted in MS Excel will not be considered. The Government will consider all correspondence, but will not issue individual responses; instead, if appropriate, a solicitation amendment will be issued.

1.4: Pre-Proposal Conference. The Government will host a Pre-proposal Conference on Monday 21 October 2024 at 11:00AM US Eastern Dayligh Time. The Pre-proposal conference will be a virtual meeting in a format to be specified by the Government. All interest parties may attend the Pre-proposal Conference. Individual meetings with firms will not be scheduled.

Voicemails with questions and/or requests for individual meetings will not receive a response. If you are interested in participating in the pre-proposal conference, please inform the Points of Contact identified above in section 1.3. An invitation will then be sent to you.

1.5: Period of Acceptance for Offer. The Offeror agrees to hold the prices in its offer firm for a minimum of 120 calendar days from the date specified for receipt of offers, as identified in block 8 of the solicitation.

2.0 PROPOSAL SUBMISSION REQUIREMENTS:

To evaluate proposals effectively and equitably, the Government must receive information sufficiently detailed and, effectively and equitably in the order, described below that clearly describe an Offeror's capabilities. It is the responsibility of the Offeror to submit complete proposal information and documents that are fully responsive to the submission requirements of the solicitation. Offerors are responsible for organizing submitted material sequentially under tabs and numbered pages to facilitate evaluation. Materials not organized under the appropriate tabs and in the sequence of subparagraphs set out below, may easily be overlooked during evaluations, possibly affecting an Offeror’s rating.

Submit proposals in the format and quantities as indicated below. Proposals shall be comprised of seperate volumes, and submitted in electronic form, as indicated below.

2.1: Organization. Offerors shall organize their proposal into volumes as follows:

2.1.1: Volume 1 – Technical

Factor 1 – Technical Understanding and Approach Factor 2 – Organizational Management, Structure and Key Personnel Availability

2.1.2: Volume 2 – Past Performance (see Attachment 2)

2.1.3: Volume 3 – Small Business Participation Plan (see Attachment 3)

2.1.4: Volume 4 – Price (See atachment 5)

2.1.5: Volume 5 – Administrative

2.2: Format. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. Documents shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11” Font Size – 12-point except for tables and illustrations Font Style – a font with Serifs is preferred for body text (Times New Roman is preferred) and a font…