B08_SOL_RFQ_140D0425Q0110_NIAID_BPIMSS_Bridge_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Base: 01/15/2025

To: Booz Allen Hamilton, Inc.

From: Acquisition Services Directorate (AQD), Interior Business Center (IBC), Department of the

Interior (DOI) on behalf of the Department of Health and Human Services (HHS), National Institute of Allergy and Infectious Diseases (NIAID)

Subject: Request for Quote (RFQ) No. 140D0425Q0110 – Task Order for Business Process and

Information Management Support Services (BPIMSS)

Attachments: 1 – Statement of Work (SOW)

2 – Task Order Pricing Table

1. Overview AQD is issuing this RFQ on behalf of the Department of Health and Human Services (HHS), National Institute of Allergy and Infectious Diseases (NIAID) to solicit a quote from Booz Allen Hamilton, Inc. on a sole-source basis under its National Institutes of Health Information Technology Acquisition and Assessments Center (NITAAC) Chief Information Officer-Solutions and Partners 3 (CIO-SP3) contract using Federal Acquisition Regulation (FAR) 16.505 ordering procedures in conjunction with the policies found under FAR 12, Acquisition of Commercial Products and Commercial Services.

AQD is a Federal Franchise Fund Contracting Office that operates under the authority of the Government Management Reform Act, as amended. AQD provides contracting support to all Federal Agencies and the Department of Defense. AQD will handle the solicitation, award, contract administration, and invoice payments for this requirement.

AQD anticipates awarding a single task order after receipt and evaluation of the quote considering technical evaluation factors and price. The Government reserves the right to cancel this solicitation without award if the needs of the requirement are not met through the quote received. This RFQ does not commit the Government to pay for the costs associated with the preparation and submission of a quote.

NAICS Code: 541512 - Computer Systems Design Services, $34.0 Million Size Standard PSC Code: DA01 – IT and Telecom - Business Application/Application Development Support Services

(Labor)

2. Anticipated Contract Type The resultant task order will be Time & Materials (T&M) that encompasses material and labor hours with fixed billing rates and a not-to-exceed ceiling.

3. Period of Performance The Period of Performance (PoP) for this task order will consist of one six-month Base Period.

4. Questions and Quote Deadlines

Question & Answer Period All questions shall be submitted in writing via NITAAC's Electronic Government Ordering System (e-GOS) no later than 12:00pm ET on January 21, 2025. The Government reserves the right to not address all questions.

Responses will be provided as an attachment to a subsequent RFQ amendment.

Deadline for Quote Submission The deadline for submitting a quote in response to this RFQ is January 30, 2025 at 12:00pm ET. The quote shall be sent via NITAAC's e-GOS.

Please note that it is the Quoter’s responsibility to ensure/verify the Government receives its submission on or before the deadline. The Government reserves the right to not accept a late quote for any reason, including those related to any technical difficulties.

5. Quote Content / Submission Requirements

The quote submission format is provided below:

Volume Section Page Limit

Volume I (General and Technical)

Section 1: General None Section 2: SAM Registration None Section 3: Annual Representations & Certifications and Additional FAR Provisions None

Section 4: Technical Assumptions None Section 5: Technical Quote for Factor 1: Technical Approach 15 pages*

Volume II (Price)

Section 1: Price Assumptions None Section 2: Price Quote for Factor 2: Price None

*Page count excludes resume(s). See below for separate page count for this item.

Volume I, Section 1: General This section shall include a cover sheet. This cover sheet shall include the information listed below in letters A - Q:

A. Name of Company B. Address C. City, state, zip code D. Unique Entity ID (UEI) Number E. Taxpayer Identification Number (TIN) F. Socioeconomic status G. Point of contact (primary and alternate) H. Telephone number I. Email address J. Solicitation number K. Date of quote L. NITAAC CIO-SP3 contract number M. Name of any subcontractors and their socioeconomic status, if applicable N. Prompt payment terms

O. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation, including all amendments (as applicable)

P. Names and contact information of persons authorized to negotiate on Booz Allen Hamilton’s behalf

Q. A statement that the Quote expires no sooner than 90 days after submission

Volume I, Section 2: SAM Registration This section shall include evidence of the Quoter’s current System of Award Management (SAM) database registration (http://www.sam.gov). A screenshot of the Quoter’s SAM registration page is acceptable evidence. An active SAM registration is required at the time of quote submission, at the time of award, and through final payment under any awarded task order. If the Quoter’s SAM account will expire before the award date, it is the Quoter’s responsibility to ensure that its account is active at time of award.

Volume I, Section 3: Annual Representations & Certifications and Additional FAR Provisions Pursuant to FAR 52.212-3(b)(2), the Quoter shall provide a statement in this section confirming that it has completed its annual representations and certifications electronically in SAM, and the information entered or updated in the last 12 months is current, accurate, complete, and applicable to this solicitation. If any changes are needed particular to this solicitation, the Quoter shall complete FAR 52.212-3, identifying at paragraph (b) the applicable paragraphs at (c) through (v) of this provision that the Quoter has completed for the purposes of this solicitation only. Additionally, the Quoter shall attest that these amended representation(s) and/or certification(s) are incorporated in its quote and are current, accurate, and complete as of the date of its quote submission. Note: Any changes provided by the Quoter are applicable to this solicitation only and do not result in an update to its representations and certifications posted electronically on SAM.

This solicitation also contains the following provisions that the Quoter must complete and return with its quote (see Section 7 of this RFQ for each provision in its full text):

• FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

• FAR 52.209-7 – Information Regarding Responsibility Matters

• FAR 52.229-11 – Tax on Certain Foreign Procurements-Notice and Representation

Volume I, Section 4: Technical Assumptions The Quoter shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the RFQ as written. If technical assumptions are not noted in this Volume and this section of the quote, it will be assumed that the Quoter’s quote reflects no technical assumptions for award and the Quoter agrees to comply with all of the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section shall be null and void.

Any exceptions taken to the terms and conditions of the RFQ shall be stated in this section. The Quoter is advised that any exception taken to the terms and conditions of the RFQ may adversely impact its evaluation. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Quoter being removed from further consideration.

Volume I, Section 5: Technical Quote for Factor 1 – Technical Approach (15 pages) The Quoter shall submit the following information as listed below. Failure to comply with what is requested may result in a technically unacceptable submission and the Government may reject the quote.

http://www.sam.gov/

The following areas in the Quoter’s technical quote must be addressed to sufficiently demonstrate the Quoter’s approach, capabilities, and experience to successfully support this requirement as outlined in the SOW (Attachment 1).

• Technical Approach o Discussion of proposed methods and techniques for completing each discrete task of the

SOW.

o Discussion of the personnel proposed to fill the roles identified in the SOW. For proposed key personnel that are not currently performing in this role on the current task order, the Quoter shall submit a resume (not to exceed 2 pages) demonstrating the quality and depth of experience of the quoted key personnel with respect to the requirements located in Section 15 of the SOW.

o Discussion of a retention plan to ensure full performance is maintained throughout the life of the task order.

Volume II, Section 1: Price Assumptions The Quoter shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the RFQ as written. If not noted in 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, deviations, or exceptions buried within the Quoter’s quote. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void.

Any exceptions taken to the terms and conditions of the RFQ shall be stated in this Section. The Quoter is advised that any exception taken to the terms and conditions of the RFQ may adversely impact its evaluation. Any assumptions/exceptions that are considered unacceptable by the Government and cannot be resolved may result in the Quoter being removed from further consideration.

Volume II, Section 2: Factor 2 – Price The price quote shall be a separate volume from Volume II. The price quote shall include the Quoter’s NITAAC CIO-SP3 labor categories, CIO-SP3 contract labor rates, discount percentage, and proposed task order rates. There is no page limit on the price quote.

1. The Government has provided Attachment 2, Task Order Pricing Table, that shall be used by the Quoter. The Quoter is required to submit pricing data in the format indicated in the attachment as an Excel spreadsheet.

2. The Quoter shall identify their proposed labor categories and discounted task order labor rates.

Quoters shall submit fully burdened labor rates for all proposed personnel. The proposed labor categories shall be based on the Quoter’s CIO-SP3 contract.

3. The Labor Mix (i.e., labor categories) and Level of Effort (LOE), as identified as labor hours in Attachment 2, has been provided by the Government.

4. Other Direct Costs (ODCs), which includes lease, hardware, subscriptions, and travel, have been provided by the Government as Not-To-Exceed (NTE) amounts in Attachment 2. The Quoter shall not adjust the NTE amounts included in the pricing table.

5. The Quoter shall indicate in their price quote (Attachment 2) whether any proposed labor categories may be subject to the Service Contract Labor Standards (SCLS). Any labor categories noted as covered by the SCLS will be subject to the applicable SCLS FAR requirements.

6. The Government requests discounts. If a discount is provided, the Quoter shall indicate the non-discounted rates, the proposed percentage of discount, and the discounted rate on the pricing sheet.

7. If the quote includes subcontractor costs, the quote must include confirmation that the subcontractor effort is within the scope of its NITAAC CIO-SP3 and is proposed under the prime quoter’s labor categories and applicable rates.

6. Evaluation

Basis of Award for Task Order The Government will place an order against the Quoter’s CIO-SP3 contract using the procedures in FAR 16.505, after concluding that the Quoter’s submission is technically acceptable, and the proposed price is fair and reasonable. The Government will evaluate the Quoter’s technical approach to ensure it sufficiently demonstrates the Quoter’s approach, capabilities, and experience to successfully support this requirement as outlined in the SOW (Attachment 1). Technical acceptability will be based upon the Quoter’s submission of the following information:

• Discussion of proposed methods and techniques for completing each discrete task of the SOW.

• Discussion of the personnel proposed to fill the roles identified in the SOW. For proposed key personnel that are not currently performing in this role on the current task order, the Government will evaluate each resume (not to exceed 2 pages) to ensure it demonstrates the quality and depth of experience of the quoted key personnel with respect to the requirements located in Section 13 of the SOW.

• Discussion of a retention plan to ensure full performance is maintained throughout the life of the task order.

Since this requirement is being solicited to only one source, no trade-off opportunity exists. Technical acceptability will be determined before price is considered.

The Government reserves the right to evaluate the Quoter’s past performance through Government databases including, but not limited to, SAM and Contractor Performance Assessment Rating System (CPARS).

Please recognize that the initial price and technical quote may be used as the sole and final basis for award and that the Quoter should quote accordingly. Furthermore, the Government reserves the right to award no task order at all, depending on the quality of the quote, the availability of funding and the continued existence of the requirement. This is an RFQ only and in no way obligates the Government to award a task order or to reimburse Quoter for any costs incurred in preparing their quote.

7. Solicitation Provisions and Clauses

ALL REQUIRED AND APPLICABLE PROVISIONS / CLAUSES INCORPORATED AT THE

NITAAC / CIO-SP3 CONTRACT LEVEL FLOW DOWN TO THIS TASK ORDER.

FAR 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 quote 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 quote or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Health and Human Services Acquisition Regulation (HHSAR): HHSAR | Acquisition.GOV https://www.acquisition.gov/diar https://www.acquisition.gov/hhsar

(End of provision)

FAR Provision Title Date 52.204-7 System for Award Management Nov 2024 52.204-16 Commercial and Government Entity Reporting Aug 2020 52.204-22 Alternative Line Item Proposal Jan 2017 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services Sep 2023 52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services May 2024

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements – Commercial Acquisition

Nov 2021

52.217-5 Evaluation of Options July 1990

DIAR Provision Title Date 1452.215-71 Use and Disclosure of Proposal Information – Department of the Interior Apr 1984

HHSAR Provision Title Date 352.239-73 Electronic Information and Technology Accessibility Notice Dec 2015

Provisions Incorporated by Full Text

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment— https://www.sam.gov/

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver.

For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/4.2303#FAR_4_2303

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 52.209-7 – Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Vendor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.229-11 – Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

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

(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:

Sarah Ignacio Contracting Officer Acquisition Services Directorate Sarah_Ignacio@ibc.doi.gov

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

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

FAR 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 the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AQD Custom Provision – AQD Evaluation of Options Provision (Mar 2022)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic award. To account for the possible use of the additional six-month option period(s) permitted under 52.217-8, the Government will take the price for the final (or highest priced) option period, prorated to a six-month value, and add it to the sum of the base plus all option periods. The agency's price evaluation will mathematically document the calculation of adding the six months of services for the option to extend services to the total contract price in the award summary.

This amount will be used for comparative evaluation for award purposes only. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

FAR 52.217-8 can be exercised at any point during the period of performance of the contract and applies to the period of performance immediately preceding exercising the option.

(End of Custom Provision)

FAR 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 these addresses:

mailto:Sarah_Ignacio@ibc.doi.gov

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Health and Human Services Acquisition Regulation (HHSAR): HHSAR | Acquisition.GOV

(End of clause)

FAR Clause Title Date 52.203-3 Gratuities Apr 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020 52.203-16 Preventing Personal Conflicts of Interest Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services Nov 2023

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services – Alt I Nov 2021

52.224-2 Privacy Act Apr 1984 52.227-14 Rights in Data - General May 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 52.237-3 Continuity of Services Jan 1991 52.242-15 Stop-Work Order Aug 1989 52.245-1 Government Property Sep 2021 52.245-9 Use and Charges Apr 2012

DIAR Clause Title Date 1452.201-70 Authorities and Delegations Sep 2011 1452.203-70 Restriction on Endorsements – Department of the Interior Jul 1996 1452.204-70 Release of Claims – Department of the Interior Jul 1996

HHSAR Clause Title Date 352.203-70 Anti-Lobbying Dec 2015 352.208-70 Printing and Duplication Dec 2015 352.219-71 Mentor-Protégé Program Reporting Requirements Jan 2010 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations Dec 2015 352.224-70 Privacy Act Dec 2015 352.224-71 Confidential Information Dec 2015 352.231-70 Salary Rate Information Dec 2015 352.237-75 Key Personnel Dec 2015 352.239-74 Electronic and Information Technology Accessibility Dec 2015

Clauses Incorporated by Full Text

FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023) https://www.acquisition.gov/diar https://www.acquisition.gov/hhsar

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

https://www.govinfo.gov/link/uscode/44/3552

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and https://dibnet.dod.mil/

(I) Any readily available…