C8 24Q4064 Solicitation_ESS TSBT.pdf

N4523A24Q4064

REQUEST FOR QUOTE

Firm Fixed Price Purchase Order

Engagement Simulation Systems Tactical Scenario Based Training

DEADLINE FOR QUOTE SUBMISSION

Friday, August 2, 2:00PM Pacific Time (PT)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 and Federal Acquisitions Regulation (FAR) part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The North American Industry Classification System (NAICS) code for this work is 541690, with a Business Size Standard of $19M. This NAICS is for Other Scientific and Technical Consulting

Services. The Product Service Code Class is U014

Any purchase order resulting from this RFQ will be made based on the evaluation criteria outlined below in FAR Provision 52.212-2 (Evaluation--Commercial Items (NOV 2021)).

Period of Performance: 08/19/2024 through 09/30/2024.

Place of Performance: Contractor Provided Facility

Please submit quote to: Rolf Jacobson, Code 432 Contracting Office, Puget Sound Naval

Shipyard and Intermediate Maintenance Facility (PSNS & IMF) via email at rolf.a.jacobson.civ@us.navy.mil; Ed Baldoria at edwin.m.baldoria.civ@us.navy.mil and Brian

Fergus at james.b.fergus2.civ@us.navy.mil. Please submit all questions by 5pm ET on

Monday, July 29, 2024.

Offerors shall complete the line item pricing structure below in addition to any provided quote material in company format. The contract price includes all applicable Federal, state, and local taxes and duties.

Special attention shall be paid to Provision FAR 52.212-2 by the Contractor; In order to be Considered Technically Acceptable for award the offeror must meet all criteria submittals!

This solicitation document and incorporated provisions and clauses are those in effect through federal acquisition circular (FAC) 2023-04.

mailto:rolf.a.jacobson.civ@us.navy.mil mailto:edwin.m.baldoria.civ@us.navy.mil mailto:james.b.fergus2.civ@us.navy.mil

Permits and Licenses: Unless otherwise specified in this contract, the contractor shall obtain any necessary licenses and permits, give all notices, and comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with this requirement.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Engagement Simulation Systems Tactical Scenario Based Training Puget Sound Naval Shipyard and

Intermediate Maintenance Facility

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services contract. Puget Sound Naval Shipyard and Intermediate

Maintenance Facility (PSNS & IMF) is located in Bremerton Washington. PSNS & IMF is seeking Contractor services to provide training evolutions for military and civilian security forces assigned to stand post in sensitive areas. The training shall improve tactics and procedures when confronting aggressors capable of doing harm to high value assets. This training will be unclassified. The contractor will follow all safety requirements.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other needed items and non-personal services necessary to perform

Engagement Simulation Systems Tactical Scenario Based Training as defined in this Performance Work. The contractor shall perform to the standards in this contract.

1.2 Background: Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF), Bremerton, Washington is required to provide training to military and civilian security forces supporting sensitive operations within the Controlled Industrial Area (CIA) per NAVSEA Instructions.

1.3 Objectives: The training shall focus on tactical scenario based training exercises, using Simunition type training equipment, or similar tactical training weapons system. The tactical training equipment will be utilized by both student and aggressors to provide an accurate and up to date realistic tactical scenario based training environment.

To meet the necessary training requirements as set forth by NAVSEA.

1.4 Scope: The contractor shall develop, build, deliver, and provide the following:

1.4.1 Training Site:

The training facility will be provided by the contractor and will include: Student parking, classroom with electricity, tactical training house for use with training weapons that shoot projectiles (e.g. Simunitions), and bathroom facilities with running water. The facility must be within 20 driving miles of PSNS & IMF.

1.4.2 Training plans:

1.4.2.1 Provide a Tactical Scenario Based Training (TSBT) plan to meet the objectives per paragraph (1.3) and tasks in section (3). There will be two training plans required: a one day refresher course (8 hours) and a two day initial course (16 hours). The two day course will expand the time for instructors and students to exercise the curriculum.

1.5 Period of Performance: The Period Of Performance (POP) will be 08/19/2024 – 09/30/2024. There will be three initial two day courses, and five refresher courses for a total of eleven training days. The training days will be grouped into two training periods, one five day and one six day. Training may be conducted on weekdays or weekends as student availability requires. The start, stop and lunch hours for each training day will be provided by the Technical Points of Contact (TPOC). Total student count is up to 160.

1.6 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7 Location:

1.7.1 Place of Performance: The work to be performed under this contract will be performed at a facility provided by the contractor within 20 driving miles of PSNS & IMF 1400 Farragut Ave Bremerton, WA 98314.

1.8 Special Qualifications: The contractor will provide a qualified Range Safety Officer, U.S. military Small Arms

Qualified instructors, and a designated medic, at a minimum First aid trained and CPR certified. Training Officer In

Charge must have served as a US Military Special Warfare member or as part of a Law Enforcement Special

Weapons and Tactics team. The contractor must have prior experience teaching Tactical Scenario Based Training for the US Military.

1.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity in accordance with FAR Subpart 42.5. The contracting officer, TPOC, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.10 Government Technical Points of Contact (TPOC): The TPOC(s) monitor all technical aspects of the contract and assists in contract administration. The TPOC is authorized to perform the following functions: assure that the

Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies.

The TPOC(s) are NOT authorized to change any of the terms and conditions of this contract. Only the warranted

Contracting Officer is authorized to make modifications/changes to the terms and conditions of this contract.

If the Contractor believes any Government personnel has effectively issued a change resulting in a change in effort and price/cost of the contract, the Contractor shall immediately notify the Contracting Officer in writing.

TPOCS:

PRIMARY ALTERNATE

To be provided at award To be provided at award

1.11 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to execution of this contract.

1.11.1 Identification of Contractor Employees: All contractor personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials.

PART 2

CONTRACTOR FURNISHED ITEMS AND SERVICES

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

2.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform the training under this contract.

2.2 Equipment: The Contractor shall provide:

2.2.1 Safety Items

2.2.1.1 Eye protection

2.2.1.2 Ear protection

2.2.1.3 Trauma medical kit

2.2.1.4 Safety equipment as required by non-lethal marking weapon system platform

2.3 Weapons Systems

2.3.1 Non lethal marking weapons

2.3.1.1 Navy spec M-4’s (or comparable variant)

2.3.1.2 Navy Spec M-18

2.4 Munitions

2.4.1 Non-lethal marking ammunition for specific marking system platform for all student exercises, and targets as required.

2.5 Training site per paragraph 1.4.1

2.6 Student training certificate

2.7 Tactical Scenario Based Training (TSBT) plan to meet the objectives per paragraph (1.3) and tasks in paragraph

(3). There will be two training plans required; a one day course (8 hours) and a two day course (16 hours).

PART 3

SPECIFIC TASKS

3. SPECIFIC TASKS:

3.1 A minimum one day prior to the first training session the Training Officer In Charge (OIC) will meet with

PSNS representatives at the training site to conduct a site survey and safety walkthrough.

3.2 Contractor will execute finalized TSBT training plan per paragraph 1.4.2. Tasks, at a minimum, shall include the following:

3.2.1 Daily plan:

3.2.1.1 Safety Brief

3.2.1.1.1 Range Safety Officer (RSO)

3.2.1.1.2 Weapon safety brief

3.2.1.1.3 Medical kit

3.2.1.1.4 Eye/Ear and Body protection as required (vender supplied)

3.2.2 Execution:

3.2.2.1 Classroom

3.2.2.1.1 Class room discussion on tactics with current standards

3.2.2.1.2 Current industry standard tactical training methods

3.2.2.2 Non-lethal marking rounds shall be used for compliance training. Rounds shot towards students will be for training purposes and not intended to cause injury.

3.2.2.2.1 Tactical training house for use with training weapons that shoot projectiles (e.g.

Simunitions) will be included for tactics training and scenarios.

3.2.2.2.2 Vender supplied navy spec marking munition M-4 markers (or comparable variant)

3.2.2.2.3 Vender supplied navy spec marking munition M-18 markers

3.2.2.3 Individual Phase

3.2.2.3.1 Weapons retention

3.2.2.3.2 Weapons transition (primary to secondary)

3.2.2.3.3 Tactical reload

3.2.2.3.4 Cover/Concealment transition movements

3.2.2.3.5 Weapon manipulation (firing/reloading/clearing malfunction) while transiting

3.2.2.4 Team Phase (small unit tactics)

3.2.2.4.1 High Value Target (HVT) / High Value Asset (HVA) secure and protection

3.2.2.4.2 Hostage situations and containment of intruders

3.2.2.4.3 Improvised Explosive Device (IED) recognition/detection

3.2.2.4.4 Fields of fire

3.2.2.4.5 Close-Quarters Combat

3.2.2.4.6 Communication

3.2.2.4.7 Small team movements

3.2.2.5 Scenarios

3.1.2.5.1 Scenarios shall incorporate live/role player(s) Opposing Force (OPFOR) Close Quarters

Combat (CQB), failure to fire during engagements, concealment/cover transitions while engaged, static target engagement.

3.2.2.6 Training Class Size

3.2.2.6.1 Each training class will be a maximum 20 students per session

3.2.2.6.2 Training instructor to student ratio shall be a minimum 1 to 3

3.2.2.6.3 Contractor shall staff the following roles

3.2.2.6.3.1 Training Officer In Charge (OIC)

3.2.2.6.3.2 Range Safety Officer (RSO)

3.2.2.6.3.3 Medic (first aid qualified, CPR/AED qualified)

3.2.2.6.3.4 Tactical instructor

3.2.2.6.4.5 Weapons instructor

3.2.2.6.4.6 OPFOR

3.2.2.7 To maximize student training time , contractors will clean and maintain the training site and weapons systems.

PART 4

ATTACHMENT/TECHNICAL EXHIBIT LISTING

4. ATTACHMENT/TECHNICAL EXHIBIT LIST:

4.1 Technical Exhibit 1 – Performance Requirements Summary: Attached

4.2. Technical Exhibit 2 – Deliverables Schedule: Attached

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be

“Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The contractor shall provide a training facility with a Student parking, classroom, electricity, tactical training house for use with training weapons that shoot projectiles (e.g. Simunitions), and bathroom facilities with running water. The facility must be within 20 driving miles of PSNS & IMF

Ensuring facilities meet PWS requirements

Zero deviation TPOC will inspect the training facility prior to training commencing

PRS # 2

The contractor shall follow safety protocols and provide all safety gear for each student.

Documented injuries

Maximize training safety to provide zero student injuries.

Provide safety equipment for all students

Track and document student injuries

PRS # 3

The contractor shall follow developed training plan and objectives

Meeting schedule and training objectives

Must complete all training objectives in time allowed

TPOC will conduct periodic surveillance of the training

PRS # 4

The contractor shall provide enough spare weapons systems to minimize student downtime

Meeting schedule and training objectives

100% weapons up time

(using spares if needed)

TPOC will conduct periodic surveillance of the training

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Medium/Format Location

Provide eight hours of Tactical

Scenario Based Training (TSBT) meeting the objectives in paragraph

(1.3) and tasks in section (3)

Five training sessions

In person

Contractor provided training facility

Provide sixteen hours of Tactical

Scenario Based Training (TSBT) meeting the objectives in paragraph

(1.3) and tasks in section (3)

Three training sessions

In person

Site survey and safety walkthrough with the Training Officer In Charge and

PSNS representatives at a minimum, one day prior to the first training session

Once In person

Student training certificates At the completion of training

Paper Delivered to TPOC

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

FACILITY

FFP

THIS IS AN UNPRICED LINE ITEM

NET AMT

000101

ACQUIRE/ ESTABLISH TRAINING FACILITY

ACQUIRE/ ESTABLISH TRAINING FACILITY IAW GUIDELINES

OUTLINED IN PWS

000102

DAY ONE WALKTHROUGH

PROVIDE DAY ONE SAFETY WALKTHROUGH (TRAINING OFFICER IN

CHARGE (OIC)/ PSNS REPRESENTATIVES)

5 Each

ONE DAY REFRESHER COURSE

PROVIDE ONE DAY REFRESHER COURSE IAW PWS.

NOTE: EACH UNIT IS ONE TRAINING SESSION, EACH TRAINING

SESSION WILL HAVE A MAXIMUM OF 20 STUDENTS

FOB: Destination

MILSTRIP: N4523A24RC06Z81

PURCHASE REQUEST NUMBER: N4523A24RC06Z81

PSC CD: U014

3 Each

TWO DAY INITIAL COURSE

PROVIDE TWO DAY INITIAL COURSE IAW PWS.

NOTE: EACH UNIT IS ONE TRAINING SESSION, EACH TRAINING

SESSION WILL HAVE A MAXIMUM OF 20 STUDENTS

PSC CD: U014

CERTIFICATES

PROVIDE COMPLETION CERTIFICATES IAW PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

0002 POP 19-AUG-2024 TO

30-SEP-2024

N/A N/A

0003 POP 19-AUG-2024 TO

30-SEP-2024

N/A N/A

0004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-3 Alt I (Dev) Offeror Representations and Certifications - Commercial

Products and Commercial Services (Deviation 2023-O0002)

Alternate I

OCT 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.252-5 Authorized Deviations In Provisions NOV 2020

52.252-6 Authorized Deviations In Clauses NOV 2020

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by

Litigation Support Contractors

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

252.225-7975 (Dev) Additional Access to Contractor and Subcontractor Records

(DEVIATION 2020-O0022)

AUG 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government intends to award a single purchase order on the basis of the lowest priced, technically acceptable quote meeting or exceeding the acceptability standards for all the below listed technical and past performance factors. Each technical factor below has a submission requirement that must be included with the quote.

Technical Evaluation Factors

Evaluation Criteria Submission Requirement

Technical Factor 1- The prospective offeror must demonstrate specific experience providing tactical

Offerors are required to provide a completed Corporate

Experience Data Sheet on one (1) of the firm’s recently scenario based training of the complexity similar to or exceeding the scope identified in the Performance

Work Statement (PWS) through a narrative of one (1) contracts within the last two (2) years.

The narrative portion of the Corporate Experience Data

Sheet has sufficient explanation how the referenced contract relates to the tactical scenario based training identified in the attached PWS.

completed contracts (not to exceed two years older than date of solicitation) that demonstrate experience providing tactical scenario based training. The narrative portion of the data sheet must be clear, coherent, and prepared in sufficient detail for effective evaluation.

Altered or substituted data sheets may not be evaluated.

SUBFACTOR 1: SOLICITATION

COMPLIANCE.

In order to be determined technically acceptable, offers must meet or exceed all Performance Work Statement

(PWS) requirements, period of performance, and other terms and conditions in the solicitation and any subsequent amendments. Any exceptions, submitted with an offer, which has not been approved by the contracting officer, may be determined unacceptable. It will be assumed that any offer without mention of any exceptions will take no exception from all specifications, terms and conditions, clauses, or provisions within the solicitation.

Solicitation Compliance Submittal Requirement:

Offerors must note all exceptions from the solicitation’s terms conditions, specifications, and/or the

PWS, if any. Any request for exceptions or questions about the PWS must be submitted to the contract specialist no later than two days prior to the solicitation due date. If exceptions or requested changes are approved by the contracting officer, approval will be given by amending the solicitation. It will be assumed that any offer without mention of any exceptions will take no exception from all specifications, terms and conditions, clauses, or provisions within the solicitation.

FOR EXCEPTIONS - State precisely how the offered services differ from the applicable specifications in the PWS and/or solicitation terms and conditions and how the offered services clearly meet the minimum requirements in the specification and the solicitation terms and conditions.

Technical Factor 2-

The prospective offeror has provided current certificates identifying at least one (1) person certified in each of the following roles as required for accomplishing the requirements of the Performance

Work Statement.:

1)Training Officer in Charge

2) Range Safety Officer

3) Medic (First aid trained and CPR qualified)

4) US Military Small Arms Qualified Instructors

The offeror shall provide copies of current certification and or documented proof for one or more people that satisfies each of the roles listed in this technical factor.

Technical Factor 3-

The prospecitve offeror will provide a prospective site/ facility location in accordance with criteria outlined in the PWS

The offeror shall provide an identified facility location in accordance with requirements outlined in the PWS

Past Performance Evaluation Factor

Evaluation criteria Submission Requirements

Evidence of successful past performance that demonstrates performance relevant to tactical scenario

Offeror’s are not required to submit any additional documentation in support of this evaluation criterion.

based training projects similar to or exceeding the work required in the PWS.

Past performance information shall be obtained from established systems such as the Contractor

Performance Assessment Reporting System (CPARs), Supplier Performance Risk System (SPRS) Electronic

Subcontract Reporting System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the

Government, such as the Defense Contract

Management Agency; and interviews with Program

Managers, Contracting Officers, Fee Determining

Officials.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305

(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, 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.]

___ (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

XX (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

XX (9) 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).

___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 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).

____ (14) [Reserved]

____ (15)(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.

____ (16)(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.

____ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(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.

____ (19) (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.

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

XX (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

____ (24) 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)).

____ (25) 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)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

____ (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (33)(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.

____ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (36)(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).

____ (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

____ (38)(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.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (41)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (42)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

XX (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

XX (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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 (JAN 2021) of 52.225-3.

____ (v) Alternate…