Combined Synopsis Solicitation RFQ 49100423Q0166- 508 Compliance Remediation.pdf

Combined Synopsis/Solicitation: 49100423Q0166 508 Compliance Remediation

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with

Subpart 13.106.

(ii) This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(iii) The solicitation number is 49100423Q0166 and this solicitation is issued as a request for quotation (RFQ).

(iv) This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2021-06.

(v) This acquisition is being solicited a small business set-aside and the associated NAICS code is

541611 - Administrative Management and General Management Consulting Services.

(vi) The National Science Foundation (NSF) contemplates issuing one firm fixed price order as a result of this combined synopsis/solicitation.

(vii) Contract Line Items are as follows:

Line Item Description

508 Compliance Remediation

Firm Fixed Price in accordance with the statement of work (SOW) and the estimated number of files shown in the SOW.

Period of Performance: 6 months

Surge CLIN:

Price Per Page for additional pages beyond the estimated 2,181 documents.

Period of Performance: 6 months

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition with no addenda.

(ix) In accordance with the provision at 52.212-2, Evaluation-Commercial Items, the Government will issue an award resulting from this combined synopsis/solicitation to the responsible offeror whose proposal provides the Best Value to the Government via Best Value Tradeoff. See Evaluation Factors below for additional details.

(x) All quoters must be registered in Sam.gov at the time of their quotation submission.

(x) If the offeror has not completed the online representations and certifications at https://www.beta.sam.gov, the offerors shall include a completed copy of the provisions at 52.204-24, 52.204-26, 52.212-3 and 52.209-11 with its offer.

https://www.beta.sam.gov/ https://www.sam.gov/ https://www.sam.gov/

(xi) Instructions to Quoters:

Questions are due at 12:00 p.m. EST, on Tuesday, August 15, 2023 Quotes are due at 11:59 p.m. EST, on Monday, August 21, 2023 Questions and quotes shall be emailed to the contracting officer, Kim Fields, at kfields@nsf.gov and reference the solicitation number as listed in section (iii) of this Combined Synopsis/Solicitation.

Instructions for Quotation Preparation This section establishes the format and content requirements of the proposal. Offerors are instructed to read the information carefully, including all attachments, prior to submitting questions or quotations.

• Quotations shall be submitted in two separate volumes. Part I shall consist of the Technical Volume Content listed below. Volume II shall consist of Pricing per the CLIN structure listed in section (vii) above. As well as include the quoters Full Company Name, Address, Point of Contact to include name and e-mail, and their Unique Entity Identifier (UEI) from Sam.gov.

• Page Size and Font:

Paper size shall be 8 ½” x 11” and font size shall not be smaller than 11 point. Page margins shall not be smaller than .75”.

• Volume I: Technical Volume

The Technical Volume shall not exceed 8 pages excluding cover page and table of contents and shall consist of the following sections:

Section I: Corporate Overview The following items should be included in this section:

Brief overview into the contractor’s organization.

o This should include at a minimum:

Organizational Structure: Address how quoter plans to staff in order to support NSF’s needs as listed in the Statement of Work.

Evaluation: The agency will evaluate the realism, effectiveness, and efficiency of the contractor’s proposed organizational structure with relation to the needed support by NSF. Factor will be assigned an adjectival rating of High Confidence, Some Confidence or Low Confidence based on the information provided in the quotation.

Section II: Prior Experience

The following items should be included in this section:

3-4 examples of related prior experience of similar size and scope. These requirements should have been performed within the last 5 years (Include Periods of Performance Dates). Include any contract numbers or names of Federal Agencies if applicable. Provide a Brief description of the support services provided.

Evaluation: The agency will evaluate the relevance (size, scope and support services provided) and degree to which the quoter demonstrates relevant prior experience on projects and contracts of similar size, scope and level of support services sought in this combined synopsis/solicitation.

Factor will be assigned an adjectival rating of High Confidence, Some Confidence or Low Confidence based on the information provided in the quotation.

Section III: Description of Technical Plan of Approach

The following items should be included in this section:

In this section the quoter shall discuss their planned approach to support the requirement. The quoter shall thoroughly describe in narrative form how their approach meets the technical requirements as described in the statement of work.

This information must be sufficiently specific, detailed, and complete to demonstrate the capabilities of the contractor clearly and fully.

This section should also include resumes of The Key Personnel who will perform in accordance with the SOW.

Evaluation: The agency will evaluate the extent to which the quotation demonstrates a clear understanding of the statement of work and the degree to which the proposed technical approach is technically and managerially sound and likely to produce the desired results and meet the objectives as described in this combined synopsis/solicitation.

This is a best value trade-off evaluation. Evaluations will be conducted solely on the information included in the quotation. Therefore, the quoters initial quotation should contain the quoters best terms.

After receipt of quotations, the NSF will conduct an evaluation. However, during the evaluation process, the NSF may, solely at its discretion, communicate with quoters regarding quotation elements.

At any time prior to selection, including upon receipt of quotations, the NSF may exclude a quotation from further consideration for any material failure to follow instructions, including the omission of required information. NSF may negotiate and request revised quotes from only the apparent successful quoter or those that are determined to have the highest confidence ratings. This does not constitute a competitive range as this procurement is being conducted in accordance with FAR13.106-2 (b)Evaluation of Quotations or Offers.

The NSF will evaluate each proposal based on the following evaluation factors listed in descending order of importance. When combined the non-price technical factors are significantly more important than price.

o Description of Technical Plan of Approach to include Key Personnel o Prior Experience o Corporate Overview o Price

(xii) Clauses and Provisions that will be a part of this award are as follows:

52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[ ] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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]

[X ] (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) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[ ] (14)(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.

[ ] (15)(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.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219–9.

[ ] (18)(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.

[X] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

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

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[ ] (24) 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 (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[X ] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X ] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X ] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[ ] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JULY 2014) of 52.222-35.

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JULY 2014) of 52.222-36.

[ ] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X ] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

[ ] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (37)(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(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.

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

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

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

[ ] (43)(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 ] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

[ ] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225–5, Trade Agreements (OCT 2019) (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. 2302 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) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (FEB 2006) 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 items:

[ ] (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).

[ ] (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 Under Executive Order 13658 (NOV 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219–8, Utilization of Small Business Concerns (Oct 2018) (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.

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

(vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

(ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

(xi) 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.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.204-27 (June 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub.

L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23- 13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(xiii) The following NSF Clauses apply:

NSF110 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (FEB 2019)

Payment requests by the Contractor shall be submitted for reimbursement in the manner and format described herein.

"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 FAR 32.905(b), “Content of Invoices”, and all applicable payment clauses and provisions included in this contract.

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The IPP website address is: https://www.ipp.gov. If you have multiple contracts with NSF, you cannot reuse the same invoice number when invoicing under different contracts. Each invoice number from your organization must be different. (When searching for your PO in the system, please use the abbreviated form. For example, instead of “NSFDACS17T1234”, please use “17T1234”.)

If you are not already enrolled, please go to https://www.ipp.gov and click on the “Vendors – Enroll Now” button for instructions on how to enroll.

Contractor assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk via e-mail: IPPCustomerSupport@fiscal.treasury.gov or by phone: (866) 973-3131.

If any contract deliverables are rejected for failure to conform to the technical requirements of the contract or are otherwise unacceptable, the provisions of this clause will apply only to delivery of the acceptable contract deliverables, unless otherwise determined by the Contracting Officer.

All payments for proper invoices will be made via Electronic Fund Transfer (EFT).

Contractors that are small businesses under the appropriate NAICS code for this contract are permitted to request accelerated payments in accordance with the OMB Memorandum, Accelerating Payments to Small Businesses for Goods and Services, dated September 14, 2011.

Requests for accelerated payments shall be made by typing “Small Business Invoice” in the Comments field of your IPP invoice screen. Per the OMB Memorandum, Accelerating Payments to Small Businesses for Goods and Services, dated September 14, 2011, the accomplishment of accelerated payments to small businesses is a goal and not a guarantee.

If the Contractor is unable to comply with the requirement to use IPP for submission of invoices, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. The Contractor may submit payment requests using other than IPP only when the Contracting Officer expressly authorizes alternate procedures in writing.

Payment assistance for small businesses is available from the NSF Office of Small and Disadvantaged Business Utilization (OSDBU) (see https://www.nsf.gov/about/contracting/osdbu.jsp).

NSF310 NOTICE OF REGISTERING IN RESEARCH.GOV (MAY 2018)

The prospective awardee shall, upon notification from the Contracting Officer, register in Research.gov prior to award. Instructions on how to register in Research.gov are as follows:

1. Sign in to Research.gov. (If you do not have a NSF account, first go to Research.gov and select Register from the menu to create one.)

2. Select the My Profile link located on the top right hand of the screen.

3. Select the Add a New Role option from the left navigation bar.

4. Select Add Organizational Role.

Note: The organization is required to be registered in the System for Award Management (SAM). Please go to Sam.gov to register your organization with SAM prior to registering with NSF. Note that completion of the SAM registration process may take up to two weeks. A DUNS number is also required to register your organization with NSF.

For instructions on the registration process, go to https://www.research.gov/common/attachment/Desktop/Single_ID_Help.pdf#page=11.

The prospective awardee shall follow the instructions and inform the Contracting Officer when registration has been completed.

NSF020 AUTHORITY OF GOVERNMENT PERSONNEL (APR 2013)

Contracting Officer

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO.

In the event the Contractor effects any change at the direction of any person other than the CO, including any change beyond the scope of authority given to the duly authorized Contracting Officer's Representative identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The CO has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

Contracting Officer's Representative

The Contracting Officer's Representative (COR) (TBD) is responsible for administering the performance of work under this contract. IN NO EVENT, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO prior to completion of the contract.

The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor's compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of work set forth in this contract; may not constitute new assignment of work nor change the expressed terms, conditions or specifications of this contract; and shall not constitute a basis for any increase in the contract estimated cost, or extension to the contract delivery schedule.

https://www.research.gov/common/attachment/Desktop/Single_ID_Help.pdf%23page=11