B08_SOL_RFQ_140D0424Q0502.pdf

RFQ Continuation Sheets RFQ 140D0424Q0502 Peace Corps

PAG - Contact Center Services

Office of Volunteer Recruitment

Pipeline Assessment Group Contact Center Services

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and another written solicitation will not be issued.

This is a Request for Quote (RFQ) with solicitation number 140D0424Q0502.

This RFQ incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2024-

05.

This is a Total Small Business Set Aside under NAICS 561422 - Telemarketing Bureaus and Other Contact

Centers (Size Standard $25.5M).

The anticipated Period of Performance is a 12-month Base Period plus four 12-month Option Periods.

The Contractor must provide all necessary labor, management, supervision, and materials to operate the

Pipeline Assessment Group. Peace Corps is responsible for operating, maintaining, evaluating, and analyzing web-based operations supporting the efforts. The Contractor must measure and analyze virtual, existing initiatives and programs specific to recruiting efforts. The Contractor must use multiple methods of communication to contact and refine leads, assist in application processing, provide world-class customer service support, and respond to all inquiries.

Final inspection and acceptance of all work performed, reports and other deliverables will be electronically submitted to the Government’s Contracting Officer Representative.

Provision 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The RFQ includes an addendum to the provision.

The basis of award will be Best Value to the Government. One Purchase Order will be awarded to the responsible Quote provider whose quote, conforming to the RFQ, will be the most advantageous to the

Government. Refer to Section 6 – Evaluation Factors for Award, for additional information.

Quote providers must submit the provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items, with its quote.

The clauses at 52.212-4 (NOV 2023) and 52.212-4 Alternate I (Nov 2021), Contract Terms and Conditions—

Commercial Products and Commercial Services., applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive

Orders -- Commercial Items, applies to this acquisition. The FAR clauses cited in the clause can be found in Section 7 of the RFQ.

Quotes submitted in response to this RFQ must be received no later than 3:00 PM Eastern Time, OCTOBER

9, 2024, to be considered for award. See Section 5 for submission instructions.

The RFQ points of contact are Mike McGuire (Mike_McGuire@ibc.doi.gov) and Hanna Mershman

(Hanna_Mershman@ibc.doi.gov).

TABLE OF CONTENTS

SECTION 1 - REQUEST FOR QUOTE (RFQ)

1.1 General

1.2 Set-Aside Information

1.3 Anticipated Award Type

1.4 Period of Performance

1.6 Pricing Schedule

1.6 Place of Performance

SECTION 2 - DESCRIPTION / SPECIFICATIONS

SECTION 3 - DELIVERABLES

3.1 Deliverables

SECTION 4 - ADMINISTRATION

4.1 Contractor Administration

4.2 Government Administration

SECTION 5 – QUOTATION PREPARATION & SUBMISSION INSTRUCTIONS

5.1 Quotation Preparation Instructions

5.2 Quote Organization Instructions

5.3 Quotation Package Submission Requirements

5.4 Submission of Questions

5.5 Submission of Quotations

5.6 Quotation Submission Deadline

SECTION 6 – EVALUATION FACTORS FOR AWARD

SECTION 7 – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (MAY 2024)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

52.219-14 Limitations on Subcontracting (OCT 2020) (DEVIATION OCT 2022)

Limitation on Subcontracting Report

52.222-49 Service Contract Labor Standards-Place of Performance Unknown (MAY 2014)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

DIAR 1452.201-70 - Authorities and Delegations (SEP 2011)

DIAR 1452.203-70 - Restriction on Endorsements (Jul 1996)

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (February 2021)

AQD Custom Clause - Contractor Performance Assessment Reporting System (DEC 2015)

SECTION 8 – SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

Provisions Incorporated by Full Text

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)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(DEC 2023)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services (MAY 2024)

52.216-1 -- Type of Contract (Apr 1984)

52.217-5 Evaluation of Options (JULY 1990)

52.233-2 – Service of Protest Department of the Interior (Jul 1996) (DEVIATION)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

DIAR 1452.215-71 Use and Disclosure of Proposal / Quote Information – Department of the Interior

(APR 1984)

SECTION 9 - ATTACHMENTS

SECTION 1 - REQUEST FOR QUOTE (RFQ)

1.1 General

Peace Corps' Office of Volunteer Recruitment and Selection (VRS) has a need for Contact Center Services to provide operational support to ensure all potential recruitment leads generated from multiple sources receive top-notch customer service. The contact service providers, to be identified as the Pipeline

Assessment Group (PAG), will identify and forward pre-qualified, high potential applicants from multiple platforms to the Peace Corps Recruiting staff. The Contractor must provide all necessary labor, management, supervision, and materials to operate the PAG unless otherwise identified in the

Performance Work Statement (PWS).

This procurement is being conducted under FAR Part 12 Acquisition of Commercial Products and

Commercial Services and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Products and

Commercial Services.

1.2 Set-Aside Information

This RFQ is a Total Women Owned Small Business (WOSB) Set Aside. Only one (1) Purchase Order will be awarded as a result of this RFQ. The selected Quoter shall provide all services sought under this RFQ.

1.3 Anticipated Award Type

As a result of this RFQ, the Government anticipates awarding a hybrid Purchase Order with both Firm

Fixed Price (FFP) Contract Line Item Numbers (CLINs) for Services and Time & Materials (T&M) CLINs for

Travel.

1.4 Period of Performance

The anticipated Period of Performance for this Purchase Order includes a 12-month Base Period and four

(4) 12-month Option Periods.

1.6 Pricing Schedule

Please refer to Attachment A: Pricing Schedule Template.

1.6 Place of Performance

The required Place of Performance is shown below:

Place of Performance

CONTRACTOR’S PLACE OF PERFORMANCE and/or REMOTE

SECTION 2 - DESCRIPTION / SPECIFICATIONS

See Attachment B: PWS

SECTION 3 - DELIVERABLES

3.1 Deliverables

See Attachment B: PWS

SECTION 4 - ADMINISTRATION

4.1 Contractor Administration

TBD at Time of Award

4.2 Government Administration

The Contracting Officer (CO) for this order is:

Mike McGuire

Mike_McGuire@ibc.doi.gov / 703-964-3622

Department of the Interior / Interior Business Center / Acquisition Services Directorate

The Contract Specialist (CS) for this order is:

Hanna Mershman

Hanna_mershman@ibc.doi.gov / (208) 207-7390

Department of the Interior / Interior Business Center /Acquisition Services Directorate

The Contracting Officer’s Representative for this order is:

TBD at Award

SECTION 5 – QUOTATION PREPARATION & SUBMISSION INSTRUCTIONS

The following instructions to the Quoter are included as an addendum to Federal Acquisition Regulation

(FAR) provision 52.212-1. The Quoter must reply to this request as follows.

5.1 Quotation Preparation Instructions

To be considered for award, a Quotation must contain the following Quoter information:

• Company Name

• Mailing Address and Website

• Company Size Status

• System for Award Management (SAM) Unique Entity Identifier (UEI)

• Complete business mailing address as it appears in the SAM at www.sam.gov

• Contact name, phone number, and e-mail address

• RFQ Number

• Quotation Number

• Date submitted and Quote Expiration Date

• Technical and Price Quote

Quoters are required to be registered in the SAM at www.sam.gov as of the date the quotation is submitted. The quoter’s SAM registration must be in “active” status.

Quotations that do not meet all the requirements specified in this RFQ may not be considered.

The Government anticipates awarding a single Purchase Order as a result of this RFQ to the responsible

Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other non-price factors considered.

5.2 Quote Organization Instructions

Your quote must become the property of the Government and will not be returned. If your quote contains information that you do not wish disclosed to the public or used by the Government for any purpose other than evaluation of your quote, such restrictions must be clearly indicated on each sheet containing such information. Prior to submission of your quote, the Quoter is expected to reach an understanding of the requirements of this solicitation. If such a review establishes the need for correction, such information should immediately be brought to the attention of the Contracting Officer so that the matter can be resolved. The Government reserves the right to request such additional information as may be necessary to determine the Quoter’s qualifications for award of a Purchase Order or to clarify any aspects of the technical and/or price quotes. Such information must be furnished promptly upon the Government’s request. Copies of the successful quote will be retained only as needed for contract administration and monitoring.

5.3 Quotation Package Submission Requirements

The Quoter is required to complete and submit their quote in the following format in order to be considered for award:

Volume Number Section Number and Contents

Cover Letter

Includes:

• Company Name

• Mailing Address and Website

• Company Size Status

• SAM UEI

• Complete business mailing address as it appears in the SAM at www.sam.gov

• Contact name, phone number, and e-mail address

• RFQ Number

• Quotation Number

• Date submitted and Quote Expiration Date

Assumptions Includes:

VOLUME 1

Technical*

Section 1 - Management Approach and Technical Capabilities

At a minimum includes:

• Capabilities Statement specific to PWS

• Managerial Approach specific to PWS

• Methods and Techniques to achieve PWS Section 6 Tasks

• Leads Generation and Virtual Recruitment Methods and

Techniques

• Staffing Plan and Retention Strategy

Section 2: Key Personnel Qualifications

At a minimum includes:

• Program Manager (PM) Resume

• PM Experience with Projects of similar size, scope and complexity

Section 3: Experience

At a minimum includes:

• Organization’s Current Capabilities

• Organizational Experience with Projects of similar size, scope, and complexity

Section 4: Past Performance

At a minimum includes:

• List of References provided and Past Performance

Questionnaire

• Annual Employee Retention Statistics (previous 5 Years)

VOLUME 2

Price

Section 1: Pricing Quote

Includes:

• Attachment B: Pricing Schedule

• Price Assumptions

*Note - Quoter must not include any pricing related information in their Technical Quote.

Page Limitation: The technical submission is limited in length to 30 pages. Resumes more than 3 pages will not be evaluated.

5.3a. Required Components of Each Volume & Section

COVER LETTER

The cover letter must include:

• Company Name

• Mailing Address and Website

• Company Size Status

• SAM UEI

• Complete business mailing address as it appears in the SAM at www.sam.gov

• Contact name, phone number, and e-mail address

• RFQ Number

• Quotation Number

• Date submitted and Quote Expiration Date

ASSUMPTIONS

Assumptions, Conditions, and/or Exceptions

Quoters must submit, under a separate page, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this RFQ. If not noted in this section of your quote, it will be assumed that the quoter proposes no assumptions for award and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quoter’s quote. Price Assumptions should NOT be addressed here. Please address pricing assumptions in the Volume 2 Pricing.

VOLUME 1 - TECHNICAL

Management Approach and Technical Capabilities

Quoter must provide specific information as it relates to the Government’s PWS. The Quoter must demonstrate a thorough understanding of the requirement and demonstrate the ability to meet the objectives outlined in the PWS in terms of personnel, material, resources, and other supplies/services that may be required to perform the work. The Quoter must describe in detail both the managerial approach and technical capabilities as it relates to successful performance of the PWS.

Technical Capability is the extent to which the quoted Contact Center services conform to the PWS contained in this RFQ. The Contractor must demonstrate an understanding of the objectives of the PWS, specific tasks required and demonstrate their competency, capacity and expertise in meeting the PWS requirements.

Management Approach is the Quoter’s methodology for efficiently and effectively governing personnel, materials, financial and informational resources, in order to satisfy the service needs as specified in the

PWS. Evidence may include specific methods and techniques for completing tasks and include such items as quality assurance and customer service satisfaction.

Key Personnel Qualifications

The Quoter must provide specific information regarding Key Personnel (Program Manager) and their relevant experience and qualifications. The Contractor must demonstrate the currency, quality, and depth of experience of the assigned personnel in meeting the requirements of the PWS.

Experience

The Quoter must provide evidence of the organization current capabilities and experience for assuring successful performance of this requirement. Information provided should demonstrate the company’s readiness and ability to implement the objectives of the PWS. Evidence of supporting subcontractors, consultants and business partners will be considered. This section may include the organization’s experience with projects of similar size, scope, and complexity.

Past Performance

The Quoter must describe the company’s past performance in performing work related to Contact Center

Services as described in the PWS.

The Quoter must provide a list of no more than five (5) recent and relevant references (including reference name, telephone number, email address, and contract number, if applicable). Recent is defined as within the past five (5) years. Relevant is defined as work of similar type in complexity, magnitude, and scope of the work described in the accompanying PWS.

The Quoter must provide each reference identified on their List of References with Attachment C: Past

Performance Questionnaire (Fillable PDF Form). The reference must return the completed form via email directly to the contracting staff (emails provided on form). Reference forms must be received no later than the closing date of the RFQ. Late responses may not be considered.

It is recommended that the Quoter provide each reference with the Past Performance Questionnaire as early as possible to provide adequate response time. The Quoter does not need to have submitted a Quote prior to distributing the reference form. Reference submission status inquires will not receive response from the Contracting Team.

Quoter must provide evidence of workforce stability. This must be demonstrated, at a minimum, by providing the Government with the Contractor’s historical annual employee retention statistics over the last five (5) years.

VOLUME 2 - PRICING

Price Quote

The price quote must be a separate volume from the Technical quote. The Contractor must propose a pricing structure in accordance with their proposed technical solution. The Contractor must provide pricing for the entire period of performance including all Option Periods.

Price: Pricing must include all anticipated costs to fully perform all objectives as stated in this Solicitation.

The vendor is expected to include all Labor, Other Direct Costs (ODCs), and other costs in the price of each deliverable. It is important that these details are included in the Price Quote (VOLUME 2). Please see

Attachment A: Pricing Schedule Template.

Labor Categories: Service Contract Labor Standards apply. A Department of Labor Wage Determination for those categories that are not exempt from the Service Contract Labor Standards requirements will be included at time of award specific to the place of performance.

Service Contract Labor Standards apply to this requirement with a place of performance at the contractor’s location. As this is a competitive action with remote positions, the place of performance is not known at this time. Clause 52.222-49 is incorporated. The Contracting Officer will require the place(s) of performance for all personnel in positions subject FAR 52.222-41 Service Contract Labor Standards within 30 days of award for determining the applicable wage determination(s).

Attachment A - Pricing Schedule Template includes a Service Contract Labor Standards Verification. The

Contractor must verify whether a proposed labor category used to support this effort is subject to FAR

52.222-41 Service Contract Labor Standards.

All other applicable Service Contract Labor Standards clauses will be included at the time of solicitation.

In the event Service Contract Labor Standards does not apply to the requirement, all clauses will not be incorporated into the final award. If Service Contract Labor Standards does apply, the applicable wage determination and clauses will be incorporated into the final award.

Price Assumptions: Quoters must indicate, in this section only, if any price related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS as written. If not noted in section of this volume of the quote, it will be assumed that the Quoter’s quote reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Quoter’s quote. Accordingly, any price related assumptions listed in any other Volume or Section must be null and void.

5.4 Submission of Questions

Questions regarding this RFQ must be sent via email to:

Mike_McGuire@ibc.doi.gov

Hanna_Mershman@ibc.doi.gov

Questions must be submitted no later than 3:00 PM Eastern Time on SEPTEMBER 13, 2024.

5.5 Submission of Quotations

The Quotation must be submitted via EMAIL no later than the date and time specified. It is the quoter’s responsibility to ensure/verify that the Government receives its submission on or before this date and time. A Quotation received later than this date and time may not be considered.

Other General Information

The Government reserves the right to contact a Quoter regarding their quote including to request additional discounts.

5.6 Quotation Submission Deadline

Quotations must be submitted NO LATER THAN 3:00 PM Eastern Time on OCTOBER 9, 2024.

Quotations must be sent via EMAIL to the CO and CS at:

Mike_McGuire@ibc.doi.gov

Hanna_Mershman@ibc.doi.gov

SECTION 6 – EVALUATION FACTORS FOR AWARD

The following evaluation factor information is provided in lieu of the FAR provision 52.212-2:

The basis of award will be Best Value to the Government. One Purchase Order will be awarded to the responsible Quote provider whose quote, conforming to the RFQ, will be the most advantageous to the

Government. The Quote provider receiving award may not necessarily be the lowest Price or have the highest Technical rating.

Non-Price Factors 1, 2, 3, and 4 are of equal importance, and when combined, are more important than

Factor 5 – Price in this Best Value / Trade-Off Evaluation.

The Government reserves the right to not make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

In order to be considered for award, a minimum rating of “moderate confidence” must be achieved for

Factors under 1 Management Approach and Technical Capabilities, 2 Key Personnel Qualifications, and 3

Experience. A minimum rating of “moderate confidence” or “neutral” must be achieved for Factor 4 Past

Performance.

The following Non-Price and Price Factors must be used to determine the service provider whose Quote represents the best overall value to the Government:

Non-Price-

Factor 1: Management Approach and Technical Capabilities Factor 2: Key Personnel Qualifications Factor 3: Experience Factor 4: Past Performance

Price-

Factor 5: Price

Factor 1: Management Approach and Technical Capabilities

The Government must evaluate the Contractor’s:

A. Understanding of the work required, including how well the Contractor demonstrates an understanding of the objectives and specific tasks of the PWS, and the planned execution of the project.

B. Evidence of specific methods and techniques for completing tasks identified in Part 6 of the PWS, to include at a minimum, the specific tasks of Provided Leads, LinkedIn/Handshake and Online Chat.

C. Methods and techniques as well as demonstrated proficiency level for virtual recruitment and lead generation.

D. Ability to anticipate and address potential problem areas, identify feasible solutions to problems, and foresee, plan for, and mitigate risks. Ability to integrate new processes and adapt to technology enhancements.

E. Demonstrated understanding of the work schedule and Contractor’s strategy for ensuring all PWS security requirements are adhered to and performed in timely and efficient manner.

F. Quality and effectiveness of the allocation of minimum staffing personnel and resources to include Contractor’s strategy for employee retention to minimize attrition throughout the performance period.

For evaluation purposes, the findings for this Factor must be aligned with one of the following ratings:

Factor 1: Management Approach and Technical Capabilities Adjectival Ratings

Adjectival Rating

Description

High Confidence

Technical Capabilities exceeds specified minimum performance or technical requirements in a way beneficial to the Government.

The Government has high confidence the Quoter will successfully perform the required effort based on their managerial approach and technical capabilities.

Moderate Confidence

Technical Capabilities meets specified minimum performance or technical requirements. The Government has confidence the Quoter will successfully perform the required effort based on their managerial approach and technical capabilities.

Low Confidence

There is doubt regarding whether an aspect of the quote meets a specified minimum performance or technical requirement and/or the Government has low confidence the Quoter will successfully perform the required effort based on their managerial approach and technical capabilities.

Factor 2: Key Personnel Qualifications

The Government must evaluate the Contractor’s:

A. Quality and depth of experience of Key Personnel (Program Manager) in working on similar and relevant projects based on the provided resume. Similar projects are those that convey a comparable scope, dollar value, workload, duration, and complexity.

B. Quality and depth of education and experience on other projects which may not be similar enough to include in response to 2.5.11.1 of the PWS. Evidence of requisite technical and functional expertise as outlined in 2.5.11.

For evaluation purposes, the findings for this Factor must be aligned with one of the following ratings:

Factor 2: Key Personnel Confidence Ratings

Rating Description

High Confidence The Government has high confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Key Personnel.

Moderate Confidence

The Government has confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Key Personnel.

Low Confidence The Government has minimal confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Key Personnel.

Factor 3: Experience

The Government must evaluate the Contractor’s:

A. Evidence that the organization has current capabilities to assure performance of this requirement.

Evidence of supporting subcontractors, consultants and business partners will be considered.

B. Appropriate mix and balance of education and training of team members.

C. Organizational experience in performing projects of the same or similar size, scope and complexity as demonstrated in the Contractor’s List of Previous Work Experience.

For evaluation purposes, the findings for this Factor must be aligned with one of the following ratings:

Factor 3: Experience Confidence Ratings

Rating Description

High Confidence The Government has high confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Experience.

Moderate Confidence

The Government has confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Experience.

Low Confidence The Government has minimal confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s Experience.

Factor 4: Past Performance

The Government must evaluate the Contractor’s:

A. History of successful project completion including, but not limited to, history of producing high-quality results and history of staying on schedule and within budget, as demonstrated by the Past Performance Questionnaire (limit five (5) Questionnaires).

B. The organization’s specific past performance on prior efforts similar to that specified in the PWS.

Workforce stability must be considered as demonstrated by the Contractor’s historical annual employee retention rates over the last five (5) years.

The Government reserves the right to retrieve and evaluate past performance from other sources as well.

Sources may include:

• Contractor Performance Assessment Reporting System (CPARS) – a Governmentwide Database

• System for Award Management (SAM.gov)

• Other sources as needed.

For evaluation purposes, the findings for this Factor must be aligned with one of the following ratings:

Factor 2: Past Performance Confidence Ratings

Rating Description

High Confidence The Government has high confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Moderate Confidence

The Government has confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Low Confidence The Government has minimal confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Neutral No significant performance record is identified.

EVALUATION OF FACTOR 5: PRICE

The Government will evaluate the reasonableness of the Quoter’s Price quote, in part, to determine the overall best value. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement (base period). The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options must not obligate the Government to exercise the option(s).

The Price quote will be evaluated to:

1) Ensure that quoted prices are fair and reasonable;

2) Ensure all periods have been quoted and a total for each has been provided

The Price Factor will not receive an adjectival rating. Price will be evaluated based on the Quoter’s price assumptions, an analysis of the overall price and components of the overall price, and for price reasonableness.

Award will be made to the Quoter whose Quote represents the best value to the Government in terms of

Non-Price and Price Factors.

The quoter’s extended price will be considered in the best value trade-off analysis as applicable.

The Government reserves the right to not issue an award from this RFQ. This is an RFQ only and in no way obligates the Government to award a Purchase Order or to reimburse the Contractor for any costs incurred in preparing the response to this RFQ.

SECTION 7 – CONTRACT CLAUSES

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

The contract clauses included by reference are:

FAR Clause Title Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

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

NOV 2023

52.212-4 Alt 1 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2021

52.245-1 Government Property SEP 2021

52.245-9 Use and Charges APR 2012

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (MAY 2024)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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:

[Contracting Officer check as appropriate.]

_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. 4655).

__ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title

II).

_X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (

Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 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).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

(if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (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.

__ (19) (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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 2023) of 52.219-9.

__ (22) (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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C.

632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

_X_ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

_X_ (36) (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.

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_X_ (40) 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.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-

4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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.

Subtitle A, Part V, Subpart G Note).

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) ( 42

U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 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. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (

41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (

31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(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:

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

_X_ (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).

_X_ (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).

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

_X_ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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.

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

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

(xiv) 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.

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

(xvi)

(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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

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

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

(xxiii) 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.

Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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.

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 __10 days prior to contract expiration; 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 __60 months__.

Service Contract Labor Standards may apply to this requirement; however, the performance location is unknown at this time. FAR Clause 52.222-49, Service Contract Labor Standards- Place of Performance

Unknown (May 2014) is incorporated into this solicitation with a response due to the Contracting Officer by September 30, 2024, at 3:00 PM Eastern Time.

52.219-14 Limitations on Subcontracting (OCT 2020) (DEVIATION OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry…