Combined Synopsis Solicitation - Active Navigation Licenses and Data Mining Specialist Services.doc

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items 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 solicitation number is NARA-883103-23-Q-00080 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 effective June 2, 2023. This is an unrestricted requirement under NAICS Code 518210, Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services. CONTRACT LINE ITEM NUMBER(S): See Attachment 2, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement for Active Navigation licenses and Data Mining Specialist services. Data Mining Specialist services require a Top Secret Clearance. PERIOD OF PERFORMANCE: The period of performance will consist of a base year and four option years. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions which will be removed prior to award: FAR 52.212-1. Instructions to Offerors - Commercial Items (Mar 2023). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR Subpart 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. Selection of the Contractor to perform this contract will be based on NARA’s assessment of the best overall value to the Government. Accordingly, best value for this procurement will be obtained through a lowest price technically acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions.” The Contractor must also include complete rationale, justification, and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without discussions of this procurement. For evaluation purposes, the Total Contract (Base Year Plus Option Years) Ceiling Price plus half of the Total Firm Fixed Price for CLIN 0015 will be used to determine the lowest price. The Total Firm Fixed Price for each CLIN will be determined by multiplying the Quantity by the Firm Fixed Unit Price. The Total Option Year Ceiling Price for each performance year will be determined by summing the Firm Fixed Unit Price of each CLIN. The Total Contract (Base Year Plus Option Years) Ceiling Price will be determined by summing the Total Option Year Ceiling Price for each performance year. The resultant contract will include FAR 52.217-9, Option to Extend the Term of the Contract. The contract will be for a base year plus four, 12-month option years. The resultant contract will include FAR 52.217-8, Option to Extend Services. NARA will evaluate six additional months of service at the rate for CLIN 0015 by dividing it in half. The evaluated Total Contract (Base Year Plus Option Years) Ceiling Price will be determined by summing the Total Contract (Base Year Plus Option Years) Ceiling Price plus half of the Total Firm Fixed Price for CLIN 0015. Multiple awards will not be made under this solicitation. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2022) - The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2022) – see Attachment 4, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun 2023) - see Attachment 5, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at https://www.acquisition.gov.

To aid you in your planning and quotation development, the following information is provided as attachments to this Request for Quotation:

Attachment 1 – Performance Work Statement

Attachment 2 – Schedule of Prices

Attachment 3 – RFQ Information Sheet Attachment 4 – Additional NARA Terms and Conditions

Attachment 5 – FAR Clauses

Attachment 6 – Security of Information and PII

Attachment 7 – Records Management Obligations

Attachment 8 – Copy of Brand Name Justification

Attachment 9 – Copy of Non-Disclosure Agreement

Attachment 10 – DD Form 254 for Solicitation (Available on Request) Contractor’s must provide the following information with their quotation. Failure to provide any of this information may result in no further consideration of your quotation:

-Attachment 2, Schedule of Prices -Attachment 3, RFQ Information Sheet -Proof that Contractor is able to provide the products and services, see Attachment 1

- The Representations at FAR 52.204-24 must be filled out

-The Representations at FAR 52.204-26 must be filled out

See Attachment 5, FAR Clauses, sections VII and VIII. The Representations are highlighted for your convenience.

QUESTIONS: Questions regarding this RFQ must be submitted in writing to the Contract Specialist, Cynthia Jones, at cynthia.jones@nara.gov no later than 12:00 p.m. eastern time on September 8, 2023 to be considered. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment.

QUOTATION DUE DATE: Quotations must be emailed to the Contract Specialist, Cynthia Jones, at cynthia.jones@nara.gov. Quotations must be received by 12:00 p.m. eastern time on September 12, 2023. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT

FOR

DATA MINING SPECIALIST

1.0

BACKGROUND INFORMATION

1.1 The National Archives and Records Administration (NARA) is an independent Federal agency that helps safeguard and preserve our nation's history by overseeing the management of all Federal records. The stories of our nation and our people are told in the records and artifacts cared for in NARA facilities around the country and people can discover, use, and learn from their documentary heritage. The mission is to ensure ready access to the essential evidence that documents the rights of American citizens, the actions of Federal officials, and the national experience.

1.2 The Electronic Records Division (RDE) of NARA has a requirement for service support related to the installation, capabilities, and use of the Active Navigation application for selected RDE projects.

2.0

SCOPE

2.1 Data Mining Specialist Services shall include:

· Provide comprehensive Active Navigation orientation to NARA Computer and Information Technology (IT) Specialists and RDE Archivists focused on system configuration, application installation, application capabilities, and Active Navigation use cases.

· Provide Active Navigation administrator and user documentation in either a digital or paper form that provides information on system configuration, application installation, application capabilities, and application products.

· Guide and assist in the configuration of the computer system in preparation for the application installation.

· Install the Active Navigation application.

· Train selected NARA computer / IT staff on the operation and maintenance of the Active Navigation application.

· Train selected RDEP archivists on the use and work flow of Active Navigation.

· Guide and assist NARA archivists in selecting candidate sets for use in Active Navigation.

· Guide and assist NARA computer / IT staff and RDE archivists in producing Active Navigation products in either digital or paper form.

2.2 Data Mining Specialist shall have a Top-Secret Clearance and sign a Non-Disclosure Agreement.

3.0

PLACE OF PERFORMANCE AND CONTRACTING OFFICER REPRESENTATIVE

3.1

Services shall be performed at the following location:

National Archives and Records Administration

8601 Adelphi Road

Rooms 4304 and 6300 College Park, Maryland 20740

3.2 The Contracting Officer Representative (COR) for this order is:

COR: TBD

Telephone:

Email:

4.0

PERIOD OF PERFORMANCE

4.1 The period of performance shall be for one base year plus four option years.

5.0

HOURS OF OPERATION

5.1 Work shall be undertaken during regular business hours, 8:30 a.m. – 4:00 p.m. eastern time, Monday through Friday, excluding Federal holidays, unless mutually agreed upon by NARA’s COR and the Contractor.

6.0

TASKS AND DELIVERABLES

6.1 The deliverables are discussed in paragraph 2.0 above.

7.0

MISCELLANEOUS REQUIREMENTS

7.1 No transportation or travel expenses will be paid.

7.2 All work shall be completed on a schedule mutually agreed upon by the Contractor and the NARA COR.

7.3 Contractor personnel working onsite at a NARA facility shall comply with all applicable NARA COVID-19 workplace safety protocols that may be in place at the time of scheduled visits. The NARA COR will confirm safety protocols prior to Contractor’s scheduled visits.

ATTACHMENT 2

SCHEDULE OF PRICES

Base Year – Months 1-12

CLIN

DESCRIPTION

QUANTITY

PRICE

TOTAL FIRM FIXED PRICE

Active Navigation Software

Band A 12-Month Term, Content Governance (up to 5TB)

Active Navigation Software

Band B 12-Month Term, Content Governance 10 TB

Data Mining Specialist Services, See Attachment 1, Performance Work Statement

Top Secret Clearance Required

TOTAL BASE YEAR CONTRACT CEILING PRICE:

Option Year I – Months 13-24

CLIN

DESCRIPTION

QUANTITY

TOTAL FIRM FIXED PRICE

Active Navigation Software

Active Navigation Software

Data Mining Specialist Services, See Attachment 1, Performance Work Statement

TOTAL OPTION YEAR I CONTRACT CEILING PRICE:

Option Year II – Months 25-36

CLIN

DESCRIPTION

QUANTITY

TOTAL FIRM FIXED PRICE

Active Navigation Software

Active Navigation Software

Data Mining Specialist Services, See Attachment 1, Performance Work Statement

TOTAL OPTION YEAR II CONTRACT CEILING PRICE:

Option Year III – Months 37-48

CLIN

DESCRIPTION

QUANTITY

TOTAL FIRM FIXED PRICE

Active Navigation Software

Active Navigation Software

Data Mining Specialist Services, See Attachment 1, Performance Work Statement

TOTAL OPTION YEAR III CONTRACT CEILING PRICE:

Option Year IV – Months 49-60

CLIN

DESCRIPTION

QUANTITY

TOTAL FIRM FIXED PRICE

Active Navigation Software

Active Navigation Software

Data Mining Specialist Services, See Attachment 1, Performance Work Statement

TOTAL OPTION YEAR IV CEILING PRICE:

TOTAL CONTRACT (BASE YEAR PLUS OPTION YEARS) CEILING PRICE:

Note: NARA will evaluate submitted pricing in accordance with FAR 52.217-5.

ATTACHMENT 3

RFQ Information Sheet

Failure to provide Country of Production (if applicable) may result in no further consideration of the quotation. Contractor must complete all applicable information on this sheet and submit it with the quotation. Failure to do so may render the quotation unacceptable for receipt of the order.

Statutory/Regulatory Compliance

COUNTRY OF PRODUCTION: _______________________________________________

ENERGY STAR® OR FEDERAL ENERGY MANAGEMENT PROGRAM (FEMP) ENERGY USE REQUIREMENT COMPLIANCE, AS REQUIRED: YES_____ or NO_____

IPv6 COMPLIANT: YES____ or NO_____

SECTION 508 COMPLIANT: YES_____ or NO____

Specific Terms, Conditions, and Administrative information

PAYMENT TERMS: ________________________________________________________________

DELIVERY DATE: _________________________________________________________________

WARRANTY: ______________________________________________________________________

NAME AND ADDRESS OF QUOTER:

TELEPHONE NO (INCLUDE AREA CODE): __________________________

E-MAIL ADDRESS:

ENROLLED IN SYSTEM FOR AWARD MANAGEMENT (SAM)? Yes____ No____

CAGE CODE NUMBER: _____________________________________

UNIQUE ENTITY IDENTIFIER (UEI): _______________________________________

Contractor Certification: [By signing the Contractor acknowledges that the information provided in response to this RFQ is correct.]

NAME AND TITLE OF SIGNER: __________________________________

DATE OF QUOTATION: ________________________________________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________

ATTACHMENT 4

ADDITIONAL NARA TERMS AND CONDITIONS

(Addenda to FAR clause 52.212-4)

I. GOVERNMENT PURCHASE ORDER ADMINISTRATION

A. This purchase order will be administered by:

National Archives and Records Administration

Office of the Chief Acquisition Officer, Code Z

8601 Adelphi Road, Room 3340

College Park, MD 20740-6001

B. Contract Specialist (CS):

Cynthia Jones

Telephone: 301-837-1860

Email: cynthia.jones@nara.gov

The Contracting Officer (CO) has the overall responsibility for the administration of this purchase order. Written communication to the Contract Specialist (CS) must make reference to the purchase order number and must be emailed or mailed with postage prepaid, to the above address.

C. Contracting Officer (CO):

Any Z Warranted CO

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from purchase order payments for non-performance or unsatisfactory performance; terminate the purchase order for convenience or default; and issue final decisions regarding delivery questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

II. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. COR: See award document

B. The individual named above is designated as the Contracting Officer’s Representative (COR) to assist the CO in the discharge of the CO’s responsibilities. The COR serves as the point of contact through which the Contractor can relay questions or problems of a technical nature to the Contract Specialist and the Contracting Officer. The COR is responsible for the inspection and acceptance of the purchase order requirements and for the review and certification of invoices for the purchase order requirements.

C. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the purchase order between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government.

D. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the purchase order, the Contractor must promptly notify the Contracting Officer in writing.

E. No action will be taken by the Contractor under such technical instruction unless the Contracting Officer has issued a contractual change.

III. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury’s Bureau of the Fiscal Service free of charge to federal agencies and Contractors. IPP allows Contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

"Payment request" means any request for contract financing payment or invoice payment by the contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Invoices shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g). Under this order, the following documents are required to be submitted as an attachment to the IPP invoice:

Contractor Invoice to include:

1. Award number

2. CLIN//Item number of deliverable

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection, if applicable

7. Serial number/part number, if applicable The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to

IPPCustomerSupport@fiscal.treasury.gov or by phone on (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer when they submit their quotation.

IV. ORIGINAL EQUIPMENT MANUFACTURER (OEM)

NARA requires that all products be purchased from “Original Equipment Manufacturer (OEM) Authorized/certified Contractor’s Only.” All contractors submitting quotations shall provide proof of authorization and equipment support from the OEM with quotation. NARA also requires that all OEM products delivered pursuant to any resulting award are certified, new, non-refurbished, and authentic via a Certificate of Authenticity from the OEM that contains an OEM point of contact whom NARA can contact for verification. It is the contractor’s responsibility to ensure that NARA is not provided counterfeit products. In the event that such IT products are determined to be counterfeit, NARA will seek all available legal remedies including criminal prosecution. Counterfeit information technology product means any item of information technology (IT), including hardware and software that is an unauthorized copy, replica or substitute. Gray market (or grey market), also known as parallel market, is the trade of a commodity through distribution channels which, while legal, are unofficial, unauthorized, or unintended by the original manufacturer.

As a result, manufacturers will not honor associated warranties and service agreements.

V. INTERNET PROTOCOL

The contractor shall ensure that all systems, including hardware, software, firmware, and/or network components developed, procured, or acquired in support and/or performance of this order using the Internet Protocol (IP) are developed and used, in accordance with, commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile. All products or systems using the Internet Protocol may maintain provisions for IPv4 backward compatibility for non-governmental use.

VI. NARA PROTECTION OF PII AND KEEP HARD DRIVE

In accordance with NARA policy, NARA will take title to all electronic storage devices, including but not limited to hard drives that may contain Personally Identifiable Information (PII). NARA will not allow the removal of any electronic storage device that may contain PII data from its facilities by a contractor, including individuals performing maintenance on equipment, devices, or systems. This provision applies even in the event the equipment is leased. NARA will handle the destruction of this hardware internally. This provision must flow down to all contractors, including those for maintenance.

If the contractor comes into possession of an electronic storage device that may contain PII, the contractor will immediately notify the Contracting Officer and return the electronic storage device and will not access, disclose, release, disseminate, or publish any of the information on the electronic storage device.

VII. CONFIDENTIALITY OF INFORMATION

(a) Confidential information is any information that, if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. Confidential information also includes proprietary data and information for which other restrictions on access apply.

(b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” clause.

(c) While in the course of performance of this contract, the Contractor may have access to confidential information and communications, including but not limited to Personally Identifiable Information (PII). Confidential information may be contained in printed material or on electronic media. The Contractor shall preserve the confidentiality of all such information and communications and agrees not to disclose, release, disseminate, or publish any such information or communications for any purposes whatsoever without the prior approval of the Contracting Officer. Failure to comply with the provisions of this Paragraph will be grounds for Termination for Default and the Contractor may be liable for damages. This provision shall survive the expiration or termination of the period of performance of this contract.

(d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) During the course of the performance of this contract, the Contractor may have access to and use of data and information which may be considered proprietary by other Contractors or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of NARA and these other Contractors.

(f) Except as may be otherwise agreed to with these other Contractors, the Contractor agrees that it will not use, disclose or reproduce proprietary data and information belonging to these other Contractors other than as required in the performance of this contract; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to NARA between the Contractor and these Contractors which provides for greater rights to the Contractor.

(g) When considering a request to disclose, release, disseminate, or publish confidential information, the Contracting Officer will consult with appropriate program and legal officials.

(h) At the discretion of the Contracting Officer, the Contractor’s employees may be required to sign a non-disclosure agreement prior to performing any work under this contract.

(i) The terms of this paragraph apply to all Contractor employees, subcontractors and consultants and must be incorporated into any subcontract.

ATTACHMENT 5

FAR CLAUSES

I.

IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the award, the resulting order from this solicitation will include some or all of the following FAR clauses:

FAR 52.212-1, Instructions to Offerors—Commercial Item (Mar 2023); FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Dec 2022) – An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (v) of this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Dec 2022) -- see Attachment 4, Additional NARA Terms and Conditions for Addenda to this clause.

II.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jun 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:

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

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

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

_X_ (4) 52.204-10, 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).

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_X_ (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 (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 2021) 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. 637s).

__ (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).

_X_ (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 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) ( 15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (31)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (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.

_X_ (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).

_X_ (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) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 (Jun2014) 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.

_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48)

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

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

__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

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

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

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

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

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

__ (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) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

__ (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) 52.203-19, 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)).

(iii) 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).

(iv) 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).

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv)

(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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xx)

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

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

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

III.

FAR 52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

IV.

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.