Combined Synopsis-Solicitation W15QKN22R5026.pdf

COMBINED SYNOPSIS/SOLICITATION FOR CUSTODIAL SERVICES IN BROOKVILLE, PA (PA011);

CLEARFIELD, PA (PA017); AND SAINT MARYS, PA (PA087) IN SUPPORT OF THE 99TH READINESS

DIVISION (RD)

COMBINED SYNOPSIS/SOLICITATION W15QKN22R5026

i. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

ii. Solicitation W15QKN22R5026, Custodial Services in Brookville, PA (PA011); Clearfield, PA (PA017);

and Saint Marys, PA (PA087) in support of the 99th Readiness Division (RD) is hereby solicited in accordance with FAR Part 12, Acquisition for Commercial Items and FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Products and Commercial Services.

iii. Solicitation W15QKN22R5026 and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04; see “PROVISIONS/CLAUSES INCORPORATED BY REFERENCE” and “PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT” listed below.

iv. Solicitation W15QKN22R5026 is issued as a total small business set-aside, associated North American Industry Classification System (NAICS) code is 561720 – Janitorial Services; Small Business Size Standard $19.5M

v. See Attachment 0006 - General information and Section B (CLINs) for a list of Contract Line Item Numbers (CLINs) and items, quantities, and units of measure (including option(s)).

vi. All services shall be performed in accordance with the Performance Work Statement (PWS), see Attachment 0001 PWS Custodial (PA011) (PA017) (PA087).

vii. See “INSPECTION AND ACCEPTANCE” and “DELIVERIES AND PERFORMANCE” listed below for Period of Performance and the delivery and acceptance terms for all CLINs.

viii. FAR Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition.

Addendum for FAR Provision 52.212-1:

Paragraphs (d), (e), and (i) are hereby deleted from the referenced provisions.

Paragraph (c) period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

ix. FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition.

a. Government will award a contract to the offeror who is deemed responsible in accordance with Federal Acquisition Regulation, and whose offer conforms to the solicitation requirements. Award will be made only after agreement has been reached on all terms and conditions and on fair market value for the supplies and services to be acquired. Although the Government intends to award without discussions, if the price is not determined to be fair and reasonable, negotiations will commence. Award decision will be made utilizing FAR Part 12 and FAR Part 13.

b. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

COMBINED SYNOPSIS/SOLICITATION: W15QKN22R5026

c. The Government will review Past Performance as it relates to the contractors ability to perform the services being requested. The Government will obtain past performance information from any source available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System, Federal Awardee Performance and Integrity Information System, Electronic Subcontract Reporting System, or other databases; interviews with Regional Facilities Operational Specialists, Contracting Officers, and the Defense Contract Management Agency. Any adverse past performance may deem the offeror ineligible for award.

d. 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.

x. FAR clause 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

Addendum for FAR Provision 52.212-4:

Paragraphs (h), (n), (o) and (p) are hereby deleted from the referenced clause.

xi. FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

xii. Additional Contract Requirements applicable to Solicitation W15QKN20R5026 are as follow(s):

DISCLOSURE OF UNIT PRICE

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC.

The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the contracting officer) to:

Address: Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840

Email: us.army.redstone.usamc.mbx.protests.@army.mil

The AMC-level protest procedures are found at:

Web Address: http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2, the Contractor is required to provide and maintain the kinds and minimum amounts of insurance stated below:

a) Workers’ Compensation and Employer’s Liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General Liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile Liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the contracting officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability. When contract performance involves use of vessels, the contracting officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

xiii. There is no Defense Priorities and Allocations System (DPAS) assigned to Solicitation W15QKN22R5026.

xiv. Proposals/Quotes are due no later than the date and time listed in General Information of this Combined Synopsis/Solicitation and shall be submitted via email to: James Bond, Contract Specialist at james.w.bond2.civ@army.mil and Chanté Fredrick, Contracting Officer at chante.m.fredrick.civ@army.mil. Any updates to this solicitation will be posted on Government Point of Entry website, System for Award Management (SAM) (www.SAM.gov).

xv. ADDITIONAL INFORMATION

a. This requirement is subject to the availability of funds.

b. The Government intends to award a single, Firm-Fixed-Price (FFP) type contract.

c. The period of performance for this effort shall consist of a 12-month base period and four, 12-month option periods from date of contract award.

d. The Offeror must be registered and active in the SAM in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM, go to https://www.SAM.gov.

e. A site visit is not mandatory but it is highly recommended. In no event shall failure to inspect the site constitute grounds for a claim after contract award. The site visit date(s) and time(s) are below:

Addresses Scheduled Date/Time Alternate Scheduled Date/Time

Brookville Memorial USARC 20 Spruce St Brookville, PA 15825 (PA011)

19 April 2022 at

1000 AM ET

21 April 2022 at

100 AM ET

PFC Melvin L Brown USARC/BMA 106, 6400 Clearfield Woodland Highway Clearfield, PA 16830 (PA017)

19 April 2022 at

1230 PM ET

1230 PM ET

Elks County Memorial USARC 500 N. Saint Mary’s Road Saint Mary’s, PA 15857 (PA087)

19 April 2022 at

1500 PM ET

1500 PM ET

All notifications to attend shall be submitted via e-mail at least 24 hours prior the scheduled Site Visit date/time to James Bond, Contract Specialist at james.w.bond2.civ@army.mil, Randy Baker, Regional Facility Operation Specialist at randy.a.baker.civ@army.mil and Tim Peters, Area Facility Operations Specialist, timothy.s.peters3.ctr@army.mil.

f. All questions regarding this solicitation shall be submitted via email no later than 10:00AM ET on 22 April 2022 to James Bond, Contract Specialist at james.w.bond2.civ@army.mil and Chanté Fredrick, Contracting Officer at chante.m.fredrick.civ@army.mil. Questions must specify the section or paragraph of the PWS for which the clarification is desired. The questions will be answered all at once and be posted on Government Point of Entry (GPE) website, SAM (www.SAM.gov) once the question period has closed.

g. Service Contract Act Wage Determination (WD) 2015-4249 (Rev. 19) dated 15 March 2022 is applicable to Solicitation W15QKN22R5026, see Attachment 0005.

xvi. COMPLETING A PROPOSAL/QUOTE FOR SUBMITTAL

a. The Offeror/Quoter shall provide the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal/quote and who can contractually obligate the company, via completion of the of Attachment 0006 - General information and Section B (CLINs).

b. The Offerors/Quoters shall submit a price for each FFP CLIN for the base period and option periods on

Attachment 0006 - General information and Section B (CLINs). In addition, the contractor shall confirm acknowledge any potential resulting amendments to this solicitation in writing via completion of submission of Attachment 0006 - General information and Section B (CLINs). In doing so, the offeror accedes to the contract terms and conditions as written in the Solicitation.

c. Pricing for each CLIN must be submitted in the proper format. The proper format consists of QUANTITY

* UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the QUANTITY will be held to be the intended price.

d. Contractor shall provide SAM Unique Entity ID number, CAGE code, Federal TIN and any small business preference or socio economic concern (8(a) certified, HUBZone Certified, WOSB, etc.) under the applicable NAICS code 5561720 – Janitorial Services; Small Business Size Standard $19.5M via completion of the Contractor Submittal Form (Attachment 0006).

e. The Contractor shall submit with its offer, it’s valid Certificate of Insurance, as prime contractor, in accordance with the requirements and applicable insurance amounts set forth within the solicitation at FAR 52.228-5, Insurance – Work on a Government Installation,” and “Insurance Requirements.”.

f. Attachment 0006 - General information and Section B (CLINs) shall be submitted in Microsoft Excel Format (.xlsx).

xvii. ATTACHMENT(S):

a. Attachment 0001 PWS Custodial (PA011) (PA017) (PA087)

b. Attachment 0002 Custodial Floor Plan PA011

c. Attachment 0003 Custodial Floor Plan PA017

d. Attachment 0004 Custodial Floor Plan PA087

e. Attachment 0005 WD 2015-4249 (Rev. 19) dated 15 March 2022

f. Attachment 0006 General information and Section B (CLINs)

INSPECTION AND ACCEPTANCE

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

CLINs 0001 through 0015

Destination Government Destination Government

CLINs 1001 through 1015

CLINs 2001 through 2015

CLINs 3001 through 3015

CLINs 4001 through 4015 Destination Government Destination Government

DELIVERIES AND PERFORMANCE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-MAY-2022 TO

01-MAY-2023

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

20 SPRUCE STREET

BROOKVILLE PA 15825-1630

FOB: Destination

W25AR5

0002 POP 02-MAY-2022 TO

01-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 02-MAY-2022 TO

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

6400 CLEARFIELD WOODLAND HWY

CLEARFIELD PA 16830-9109

0007 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 02-MAY-2022 TO

01-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 02-MAY-2022 TO

N/A ELK'S COUNTY MEMORIAL USARC

99TH READINESS DIVISION

500 NORTH SAINT MARYS ROAD

SAINT MARYS PA 15857-3611

0012 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 02-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 02-MAY-2023 TO

01-MAY-2024

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

20 SPRUCE STREET

BROOKVILLE PA 15825-1630

1002 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 02-MAY-2023 TO

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

6400 CLEARFIELD WOODLAND HWY

CLEARFIELD PA 16830-9109

1007 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 02-MAY-2023 TO

N/A ELK'S COUNTY MEMORIAL USARC

99TH READINESS DIVISION

500 NORTH SAINT MARYS ROAD

SAINT MARYS PA 15857-3611

1012 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 02-MAY-2023 TO

01-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

1014 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1015 POP 02-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 02-MAY-2024 TO

01-MAY-2025

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

20 SPRUCE STREET

BROOKVILLE PA 15825-1630

2002 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 02-MAY-2024 TO

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

6400 CLEARFIELD WOODLAND HWY

CLEARFIELD PA 16830-9109

2007 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 02-MAY-2024 TO

N/A ELK'S COUNTY MEMORIAL USARC

99TH READINESS DIVISION

500 NORTH SAINT MARYS ROAD

SAINT MARYS PA 15857-3611

2012 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2014 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2015 POP 02-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 02-MAY-2025 TO

01-MAY-2026

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

20 SPRUCE STREET

BROOKVILLE PA 15825-1630

3002 POP 02-MAY-2025 TO

01-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 02-MAY-2025 TO

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

6400 CLEARFIELD WOODLAND HWY

CLEARFIELD PA 16830-9109

3007 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 02-MAY-2025 TO

N/A ELK'S COUNTY MEMORIAL USARC

99TH READINESS DIVISION

500 NORTH SAINT MARYS ROAD

SAINT MARYS PA 15857-3611

3012 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3014 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

3015 POP 02-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 02-MAY-2026 TO

01-MAY-2027

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

20 SPRUCE STREET

BROOKVILLE PA 15825-1630

4002 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 02-MAY-2026 TO

01-MAY-2027

N/A 99TH READINESS DIVISION

99TH READINESS DIVISION

6400 CLEARFIELD WOODLAND HWY

CLEARFIELD PA 16830-9109

4007 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4011 POP 02-MAY-2026 TO

N/A ELK'S COUNTY MEMORIAL USARC

99TH READINESS DIVISION

500 NORTH SAINT MARYS ROAD

SAINT MARYS PA 15857-3611

4012 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4013 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4014 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

4015 POP 02-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (JUN 2020) -- Alternate I DEC 2021 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror 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 52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services DEC 2021 52.212-2 Evaluation - Commercial Items DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services DEC 2021 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data -- Modifications

DEC 2021

52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008). OCT 2020 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) SEP 2021 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple

Year And Option Contracts)

AUG 2018

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts AUG 2018 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation. DEC 2016 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 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement JUN 2020 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021 52.233-1 Disputes MAY 2014 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-Price) APR 2012 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7010 (Dev) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (DEVIATION 2020-O0020)

AUG 2020

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. JAN 2018 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013

252.232-7000 Advance Payment Pool APR 2020 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

PROVISION/CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns.