Combined Synopsis Solicitaion - PAJ.pdf

N4215825Q0011

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on The Official U.S.

Government System for Contract Opportunities at SAM.gov.

The Request for Quotations (RFQ) number is N4215825Q0011. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-01 and DFARS Change 12 November 2024. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

The NAICS Code is 562991 (Septic Tank and Related Services) and the size standard is $9.0 million. This acquisition is being competed on a total small business set-aside basis.

Norfolk Naval Shipyard (NNSY) is a Naval Sea Systems Command (NAVSEA) field activity organizationally aligned under the Logistics, Maintenance and Industrial Operations Directorate, NAVSEA. NNSY’s mission is to perform conversion, overhaul, repair, alternation, dry-docking, outfitting, manufacturing research, redevelopment and testing work of nuclear-powered carriers and submarines. Norfolk Naval Shipyard is requesting rental and service of forty (40) Port A John’s (PAJ) stations with minimum dimensions of approx. 4’ wide x 4’ deep x 7.5’ high length and capability that accommodates NNSY Personnel. Contractor shall provide all labor, materials, equipment, tools, transportation and supervision necessary to provide, install, and remove the Port A John stations to support the Eisenhower (IKE) project.

System for Award Management (SAM). Quoting vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://sam.gov/.

To be considered for this opportunity, all quotes shall be submitted in either Microsoft Word, Excel spreadsheet or Adobe PDF. Quote must include both price and non-price, FOB Destination, a point of contact, name and phone number, business size, and payment terms. An award will be made based on Lowest Price Technically Acceptable (LPTA). Each quote must clearly indicate the capability of the vendor to meet all specifications and requirements in the SOW.

RFQ closes and responses to this RFQ are due on 08 January 2025 before 4:00 PM EDT.

SEND Quotes and Questions directly to EMAIL Addresses at rebekah.r.riggins.civ@us.navy.mil and shakir.o.shinaba.civ@us.navy.mil

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for thirty (30) days (at minimum).

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

NOTE: Quotations determined to be technically unacceptable shall not be further evaluated for award. For the technically acceptable quotations, the Government reserves the right to award to other than lowest price based upon a selection determined to be the best value to the Government, price and other factors considered.

By response to this Request for Quotes, the contractor agrees to service and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified.

If there are any questions, please contact Ms. Rebekah Riggins or Mr. Shakir Shinaba who can be reached at email rebekah.r.riggins.civ@us.navy.mil and shakir.o.shinaba.civ@us.navy.mil

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

(40) Port A John’s to support Eisenhower (IKE) Project

Contractor shall provide forty (40) Port A John’s (PAJ) stations with minimum dimensions of approx. 4’ wide x 4’ deep x 7.5’ high length and capability that accommodates NNSY Personnel. Contractor shall provide stations with water, hand sanitizer and paper towels. Stations will be self-contained requiring no outside utility hookups (water, electricity, etc.) and be provided with water tankage. Stations will be serviced at least every other day for water/towel refill and cleaning, or more often if vendor recommends based on tank capacity. Contractor shall provide all labor, materials, equipment, tools, transportation and supervision necessary to provide, install, and remove the Port A John stations to support the Eisenhower (IKE) project.

The Port A John’s will be located on the South side of pier #5. NNSY will provide lifting services to lift the PAJ from the ship to the pier for service. Lifting eyes will be required to move the units. This specification covers the design, fabrication, quality assurance, delivery, removal, and onsite assistance of Port A John’s stations for use in Norfolk Naval Shipyard in Portsmouth, VA.

The Port A John’s station shall be leased for one base period of 12 months with (2) option of 6 months each and includes the service at least every other day for water, hand sanitizer, and towel refill and cleaning, or more often if vendor recommends based on tank capacity. The period of performance shall be announced upon award.

1. Government Responsibility

1.1 Government shall provide contractor ready access to the job location during contractor’s working hours (i.e., weekdays between the hours of 7:30 AM and 4:00 PM). Emergent services outside these hours will require government approval and will be no cost to the government. The government is responsible for the cost of all additional approved or requested maintenance and repairs not specifically covered under this Agreement or any applicable warranties. The government will prevent anyone other than contractor from maintaining, repairing or modifying its product.

1.2 The government will provide a COR to this project to maintain the contract is being completed and a C400/COR representative will be the point of contact to escort, if needed, once the contract is award.

1.3 Technical POC: TBD

1.4 Certifying POC: TBD

2. Contractor Responsibilities

2.1. Provide all stations to Norfolk Naval Shipyard in Portsmouth, VA.

2.2. Shall provide stations with water, hand sanitizer, and paper towels.

2.3. Stations will be serviced every Monday, Wednesday and Friday or more often if vendor recommends based on tank capacity. Each service will include the restocking and cleaning of each unit.

2.4. Delivery, maintenance, and servicing crew security clearance request is required for shipment offload, maintenance, and servicing, within the Controlled Industrial Area (CIA) at NNSY. Contractor shall arrange the Security clearance request with the pass office at NNSY.

2.5. The contractor shall dispatch a representative in response to a service request to repair and/or replace any equipment within 24 hours of notification by Norfolk Naval Shipyard at no additional charge.

2.6. Provide representative within 24 hours in order to modify units in the event the customer determines the units do not meet contract specifications.

2.7. Stations shall be secured properly in case of destructive weather at no additional cost to the government.

2.8. In case of inclement weather contractor may be requested to temporary relocate the PAJ’s inside of secure areas. This movement should not acquire any additional charge to the government.

2.9. Before any Port A John’s stations will be accepted by the government an inspection at NNSY will be performed to ensure that the contractor has provided a product that conforms to the agreed upon specifications. If the inspection is not satisfactory, the contractor has 3 business days to correct the discrepancies (at contractor’s cost) or the Port A John’s station will not be accepted the government.

2.10. Upon completion of the contract, the contractor will provide all labor, materials, equipment, tools, transportation and supervision necessary to breakdown the hand wash stations and remove them from the shipyard.

2.11. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control lAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA's Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer's Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work require the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.8-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

2.12. Contractors and NNGA's may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY's public access web site:

http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

2.13. Names and contact information for NNSY LOTCs and/or the Facility Custodian will be provided by NNSY

TPOC and/or CORs set forth elsewhere in this award document."

2.14. The contractor shall set the station in the proper location, designated by the technical POC.

2.15. Contractor is to provide lifting sketch to Technical POC. Lifting sketch must include weight, dimensions, and lifting points.

2.16. PAJ’s must be easily moveable with a forklift.

3. Guiding Documents

3.1 Resulting project shall comply with all governing codes and Naval Standards including the most recent Unified Facilities Criteria, International Building Code 2012, ADA and Requirements for Lifting Equipment. Guiding Documents:

3.2 United Facilities Criteria (UFC) 1-200-01, 3-301-01, 3-600-01

3.3 National Fire Protection Association (NFPA) 1, Fire Code

3.4 National Fire Protection Association (NFPA) 70, National Electrical Code (NEC)

4. General Requirements

4.1. Shall have a minimum sump capacity of 50-60 gallons.

4.2. Shall have a minimum dimensions of 4’ wide x 4’ deep x 7.5’ high

4.3. Shall provide stations with water and paper towels.

4.4. Stations will be self-contained requiring no outside utility hookups (water, electricity, etc.) and be provided with water tankage

4.5. Shall be an enclosed unit with a door that can be locked from the inside

4.6. Shall have capability to be easily moved by forklift.

4.7. Shall require lifting eyes for crane lifts.

5. Maintenance Requirements

5.1. NNSY is an industrial facility, therefore, wear and tear beyond what is normal wear and tear is typical and should be expected

5.2. Equipment replacement/repair for any item, and or, components other than items and or components damaged by negligence.

5.3. Stations will be serviced at least every other day for water and towel refill and cleaning, or more often if vendor recommends based on tank capacity

6. Relocation

6.1. Vender must provide station relocation within 24 hour notice to support pier loading changes for no additional charge.

6.2. In case of destructive weather, contractor may be required to move stations to secure areas for no additional charge.

7. DBIDS

7.1. Any new contractor, vendor or supplier requesting base access AFTER 31 MAY 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued.

7.2. Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

7.3. Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, The following is required to get a DBIDS credential:

7.4. Present your NCACS Card and completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

7.5. The VCC will pull up your information in the computer, ensuring all information is current and correct.

7.6. Once your information is validated, a temporary DBIDS credential is provided.

7.7. Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~90 days)

7.8. For each additional U.S Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

7.9. The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

7.10. Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

7.11. Present valid identification, such as a passport of Real ID Act – compliant state driver’s license.

7.12. Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

7.13. Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments: after all this is done, you will be provided with your new DBIDS credential.

7.14. You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR

LOCAL BASE VISITOR CONTROL CENTER, INFORMTAION IS ALSO PROVIDED AT:

www.cnic.navy.mil/om/dbids.html One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor’s personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

8. PREPERATION FOR DELIVERY/REMOVAL OF RENTAL UNITS

8.1. The Port A John’s station must be preserved and packaged per the manufacturer’s commercial practice.

Packing shall be in a manner that will insure acceptance by a common carrier and safe delivery at the destination. The shipping container and method of packing must comply with the Uniform Freight Classification Rules or other carrier regulation as applicable to the mode of transportation.

8.2. A parts list and a technical/instructional manual shall be provided to the technical POC, upon award.

All Rental Equipment received by NNSY must be supplied with proper interface connectors to allow hook-up by NNSY Shop 99. There may be specific equipment that will require NNSY Shop 99 evaluation to determine proper cabling and connectors.

8.3. Unless otherwise notified by NAVSEA Service Contracting Branch, Norfolk Naval Shipyard, Code 400, the rental/lease unit(s) shall be picked-up (removed) by Contractor on the morning after expiration of the established contract period of performance. In the event that this date occurs on a Saturday, Sunday, or a recognized Federal Holiday, the Contractor may make the appropriate arrangements to pick-up the equipment on the first working day following the expiration of the contract at no additional cost to the Government.

A Contractor’s failure to follow the above instructions regarding pick-up/removal of rental units may relieve the Government of any liability for further charges for the equipment.

INSTRUCTIONS TO OFFERORS

52.212-1 - Instructions to Offerors -- Commercial Products and Commercial Services (SEP 2023)

Addendum to 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to Rebekah Riggins at rebekah.r.riggins.civ@us.navy.mil and also to Shakir Shinaba at shakir.o.shinaba.civ@us.navy.mil by 4:00 pm EST on Jan 8, 2025. The Government is not required to provide responses to vendor’s inquiries or correspondence.

It is the quoter‘s sole responsibility to ensure that any quote, to include any other email correspondence, transmitted to the specified Government representative(s) is received prior to the due date specified herein.

The quoter’s are highly encouraged to contact the RFQ’s specified Government representative(s) prior to the RFQs date for receipt of quotes to ensure the Government receipt of the transmitted quote and to ensure quote eligibility. Quotes received after the date and time specified in the RFQ may render it ineligible for consideration or evaluation.

2) Quote Preparation The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in two separate volumes:

Volume I –Technical Specifications and Delivery Volume II – Price

b. The technical quote shall not contain any reference to price. It is incumbent upon the vendor to provide a Technical Quote in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate quotes in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

3) Price Quote Instructions

The price quote shall be submitted separately from the Technical Specifications using the CLIN Structure of this solicitation.

4) Technical Specification Instructions

Vendor shall certify for equipment being quoted that their product meets each capability listed below and in the SOW by initialing below. In order to be considered for award, this must be completed and submitted with your quote.

Vendor hereby certifies that their service meets or exceeds all specifications in this solicitation and found within the SOW, in their entirety, with no exceptions. ________________________ (Initial)

52.212-2 – Evaluation – Commercial Products and Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Noncompliance with the solicitation requirements will raise serious concern regarding a quoter’s technical ability to fulfill this requirement and may be grounds to eliminate the quote from further consideration for contract award. The following non- price factors shall be used to evaluate offers:

Technical Specifications Delivery

Technical Specification and Delivery, when combined, are significantly more important than price.

Price: The Government will evaluate the quoted prices to determine if they are fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The evaluated price will be determined by adding the sum of the extended pricing for CLIN 0001, CLIN 1001, and CLIN 2001.

Each Vendor’s price quote must be based on the Government’s specifications and other contractual requirements. If the prices to be used are based on a published price list or catalog, the Vendor shall so state, and provide a copy of the document with its price quote. If the prices are to be based on established market prices, not otherwise published, or are prices applicable only to the proposed contract, the Vendor shall so state.

The Government intends to award without discussions; however, the Government may conduct discussions if determined necessary. Each quoter should recognize that its initial price and non-price quote may be used as the sole and final basis for award and should quote accordingly.

Evaluations will be based solely on the materials included in the quotes. Therefore, the Vendor’s initial quote should contain their best terms. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with quoters regarding clarification of quote elements. At any time prior to selection, including upon receipt of quotes, the Government may exclude a quote from further consideration for any material failure to follow instructions or including the omission of required information.

(b) Options: Provide options to allow NNSY to continue rental of Port-A-John increments. The government reserves the right to extend the rental period for an additional six (6) months (180 days) in monthly (30-day) increments. The rental of one or more units may be terminated based on use by NNSY. This charge will be prorated.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor 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)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Rental of 40 each Port-A-Johns

FFP

Rental of Forty (40) each Port-A-John IAW Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP: N4215825RC50315

PURCHASE REQUEST NUMBER: N4215825RC50315

PSC CD: W095

NET AMT

1001 6 Months Rental of 40 each Port-A-Johns

FFP

Rental of Forty (40) each Port-A-John IAW Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP:

PURCHASE REQUEST NUMBER:

2001 6 Months Rental of 40 each Port-A-Johns

FFP

Rental of Forty (40) each Port-A-John IAW Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP:

PURCHASE REQUEST NUMBER:

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 13-JAN-2025 TO

12-JAN-2026

N/A NORFOLK NAVAL SHIPYARD

SEE SCHEDULE

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

1001 POP 13-JAN-2026 TO

12-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 13-JUN-2026 TO

12-JAN-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 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

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination JAN 1991

52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

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

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (6) [Reserved]

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

C).

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

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

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

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

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

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

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

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

X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

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

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

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

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

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

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

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

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

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

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

____ (40) 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.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

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

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

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

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

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

____ (v) Alternate IV (OCT 2022) of 52.225-3.

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

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

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

13513).

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

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

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

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

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

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

13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

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

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

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