Combined Synopsis Solicitation_W91151-22-Q-0102_16 June 2022.pdf

Combined Synopsis/Solicitation W91151-22-Q-0102

3rd SFAB Role Players

This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in FAR Subpart 12.6, and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W91151-22-Q-0102. This combined synopsis/solicitation document incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06, effective 01 May 2022 and DFARS Defense Publication Notice Current to DPN: 18 March 2022.

MICC- Fort Hood, Texas intends to award a Firm-Fixed-Price Purchase Order 3rd SFAB Role Players. The North American Industrial Classification System (NAICS) code for this procurement is 611710 – Educational Support Services, size standard $16.5M.and PSC R412 Professional: Simulation. This requirement is small business set aside for Service Disabled Veteran Owned Business. See the attached Performance Work Statement (PWS) for full requirement details.

Your points of contact for this requirement are as follows:

Contract Specialist: Mark Green, mark.c.green.civ@army.mil and Contract Specialist: Winsome Chisholm-Hunter, email: winsome.e.chisholm-hunter.civ@army.mil;

Contracting Officer: Kendrick Nance, kendrick.r.nance.civ@army.mil

This solicitation will close at 1:00 PM CST on 5 July 2022. Quotations received after this date and time will be considered late in accordance with FAR 52.212-1(f) and will not be evaluated. The Contracting Officer intends to make an award without discussions; however that does not prevent the Contracting Officer from holding discussions if it is in the best interests of the government. All quotes must reference and acknowledge all amendments posted to this solicitation, if applicable.

All questions must be submitted no later than 2:00 PM CST on 24 June 2022 to both the Contract Specialist and the Contracting Officer at the above email addresses. E-mail is the preferred method for questions. Requests shall be marked with solicitation number W91151-22-Q-0102.

Period of Performance: 18 July 2022 to 17 August 2022

The Contractor shall submit all and any other pertinent information for the following Contract Line Item Numbers (CLINS). Include sufficient detail to evaluate compliance with the requirements in the solicitation. The training exercise will require an immersive training experience simulating the operational environment encountered by SFAB Advisors while deployed. The presence of at least one hundred and fourteen (114) role players and one (1) academic professional. All contractors must have the below described experience and possess knowledge of the CENTCOM AO and Arabian Peninsula Regions. Please see special qualification IAW the PWS 1.13.

Required ITEMS: Performance of Work Statement attached.

CLIN Description QTY Unit Price Total Price

0001 Academic Professional 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any and all travel costs.

Period of Performance: 27 July 2022 to 28 July 2022

1 Each

0002 Regional Security Officer (RSO) Instructor 1 Each

3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any and all travel costs.

0003 Defense Attaché Officer (DATT) Instructor

Statement (PWS) herein. Note this amount should include any

0004 Regional Security Officer (RSO) 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

Period of Performance: 08 August 2022 to 15 August 2022

3 Each

0005 Defense Attaché Officer (DATT) 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any and all travel costs.

Period of Performance: 08 August 2022 to 15 August 2022

3 Each

0006 Partner Force Commander/General Officer (Corp & Div) 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

Period of Performance: 08 August 2022 to 17 August 2022

2 Each

0007 Partner Force Commander/Colonel (BDE) 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

3 Each

0008 Partner Force Operations Officer-O6 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

12 Each

0009 Partner Force Commander/Operations Officer-O5 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

27 Each

00010 Partner Force Operations/Staff Officer-O4 & Below 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

54 Each

00011 Medical Instructor

Statement (PWS) herein. Note this amount should include any

2 Each

00012 Medical & Casualties 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

4 Each

00013 Exercise Controller 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

Period of Performance: 07 August to 17 August 2022

00014 Script Writer (40 Hours) 3SFAB VALEX Role Players – IAW Performance Work Statement (PWS) herein. Note this amount should include any

Period of Performance: 18 July 2022 to 22 July 2022

GRAND

TOTAL

The following provisions and clauses are applicable to this solicitation and may be reviewed at https://acquisition.gov/browse/index/far.

Provisions/Clauses by Reference:

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government OCT 1995

(JUN 2020) -- Alternate I

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020

Transactions

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020

To Inform Employees of Whistleblower Rights

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper

52.204-7 System for Award Management OCT 2018 52.209-5 Certification Regarding Responsibility Matters Aug 2020 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications.

52.204-21 Basic Safeguarding of Covered Contractor Information JUN 2016 Systems

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and DEC 2021

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-24 Representation Regarding Certain Telecommunications and OCT 2020 Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications AUG 2020 and Video Surveillance Services or Equipment.

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations

52.212-1 Instructions to Offerors--Commercial Items NOV 2021 52.212-3 Offeror Representations and Certifications--Commercial NOV 2021

Items

52.212-4 Contract Terms and Conditions--Commercial Items NOV 2021

52.215-20 Alt IV

52.215-21 Alt IV

Requirement for certified cost or pricing data and data other Than certified cost or pricing data Requirement for certified cost or pricing data and data other Than certified cost or pricing data – Modifications

Nov 2021

52.219-14 52.222-4

Limitations On Subcontracting Contract work hours and safety Standards-Overtime Compensation

SEP 2021

May 2018

52.222-25 Affirmative Action Compliance APR 1984 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May MAY 2011

2011) Alternate I

52.223-10 Waste Reduction Program MAY 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain JUN 2020

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

52.228-5 52.229-3 52.232-1 52.232-8 52.232-11 52.232-17

Insurance - Work On A Government Installation Federal State and Local Taxes Payments Discounts for Prompt payment Extras Interest

JAN 1997

Feb 2013 Apr 1984 Feb 2002 Apr 1984 May 2014

52.232-29 Terms for Financing of Purchases of Commercial Products DEC 2021

52.232-38 and Commercial Services Submission of electronic funds transfer information with offer

Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013

52.233-1 52.233-3 52.233-4 52.237-1

Subcontractors Disputes Protest after Award Applicable law for Breach of contract Claim Site Visit

May 2014

AUG 1996

OCT 2004

APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995 52.244-6 52.246-4 52.249-2

52.252-4

Subcontracts for Commercial Items Inspection of Service- Fixed Price Termination for Convenience of the Government ( Fixed Price) Alterations in Contract

JUL 2021

AUG 1996

APR 2012

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011

Officials

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016

Controls

Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019 Incident Reporting

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021 Telecommunications Equipment or Services -- Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021 Telecommunications Equipment or Services

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020

252.205-7000 252.209-7004

Provision Of Information To Cooperative Agreement Holders Subcontracting with firms that are owned or controlled by the Government of a country that is a state sponsor of terrorism

DEC 1991

May 2019

252.219-7003 252.219-7011

Small Business Subcontracting Plan (DOD Contracts) Notification to delay performance

DEC 2019

JUN 1998

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials

252.223-7008 252.223-7999

Prohibition of Hexavalent Chromium Ensuring adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

JUN 2013

OCT 2021

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned APR 2019

Economic Enterprises, and Native Hawaiian Small Business

Concerns

252.226-7002 Representation for Demonstration Project for Contractors DEC 2019 Employing Persons with Disabilities

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency MAY 2013

Operations

252.232-7017 Accelerating Payments to Small Business Subcontractors-- APR 2020 Prohibition on Fees and Consideration

252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 252.246-7003

Subcontracts for Commercial Items Notification of potential Safety Issues

JAN 2021

JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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, [X ] 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, [X] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

ADDENDUM FAR 52.212-1 ADDENDUM TO 52.212-1-INSTRUCTIONS TO OFFERORS

Instructions to Offerors---Commercial items

GENERAL: The following paragraphs below have either been amended or deleted from the basic provision FAR 52.212-1:

North American Industry Classification System (NAICS) code 611710 and small business size standard is $16.5M. The NAICS code shall be on the Offeror’s System for Award Management profile https://www.sam.gov before the quote can be accepted.

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.

Request for Information (RFI): Technical questions are not official unless received in written format. If offerors have any questions concerning this solicitation, offerors must submit questions in the form of an RFI via email to Mark C.

Green at email: mark.c.green.civ@army.mil, Winsome Chisholm-Hunter, email: winsome.e.chisholm-hunter.civ@army.mil; and the Contracting Officer Mr. Kendrick Nance, at email: kendrick.r.nance.civ@army.mil by 24 June 2022, 4:30 P.M. CST.

The Government reserves the right to respond to questions at a later date in order to conduct research and provide a response. Government responses and revisions to technical exhibits, Performance Work Statement (PWS), and any other supporting requirement documents will be incorporated into an amendment to the solicitation. Questions submitted after the specified date/time may not be accepted by the Government.

The Contract Specialist and the Contracting Officer are the offeror’s only authorized source of information on questions related to this solicitation. The Contract Specialist for this requirement is Mark C. Green at email:

mark.c.green.civ@army.mil, Winsome Chisholm-Hunter, email: winsome.e.chisholm-hunter.civ@army.mil;

and The Contracting Officer Mr. Kendrick Nance, at email: kendrick.r.nance.civ@army.mil.

A quote shall be submitted prior to the date specified on Pg 1. Quotation shall be submitted by email to the contract specialist Mark C. Green at email: mark.c.green.civ@army.mil, Winsome Chisholm-Hunter, email:

winsome.e.chisholm-hunter.civ@army.mil; and the Contracting Officer and Mr. Kendrick Nance, at email:

kendrick.r.nance.civ@army.mil. The email file size shall not exceed 9 Megabytes (MBs).

THE OFFEROR SHALL ENSURE THAT THE QUOTE CONTAINS ALL THE COMPLETED DOCUMENTS

LISTED BELOW:

a. Completed FAR Provisions including 52.212-3 (Offeror Representations and Certifications Application (ORCA). Commercial Items), or a statement from the contractor that the ORCA was completed in the System for Award Management (SAM) web-site at https://sam.gov/content/home.

b. Price. Contract Line Item (CLIN) pricing for all Item numbers indicated. Offeror shall apply pricing for each line items in their entirety. Offeror shall submit a price for each CLIN (0001 to 0014) with total amount. The offeror’s prices shall be provided in increments of whole numbers with total amount. Failure to provide pricing for each CLIN shall render their offer as deficient and may not be considered for award.

c. Technical. Resumes will be evaluated in comparison to the qualifications listed in section 5 of the PWS.

d. Past Performance. Request offerors to submit a list of three (3) recent and relevant references (including contract number, type, and dollar value; place of performance; date of award; whether performance is on-going or completed; extent of subcontracting; and the names, phone numbers, and e-mail addresses of at least two points of contacts for each contract).

(End of Provision)

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

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

Basis for Contract Award. The award will be made to the lowest priced technically acceptable quote.

Quotes will be evaluated for technical acceptability in accordance with the PWS. In order for an Offeror to be considered for award, the quote must receive an “Acceptable” Technical rating. A quote receiving a Technical rating of “Unacceptable” shall not be eligible for award. Failure to meet a requirement shall result in a Quote being determined technically unacceptable.

Award shall be made to the Offeror who is: rated “Acceptable” in technical and past performance; has the lowest evaluated price; and whose quote conforms to the solicitation requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation).

Number of Contracts to be awarded. The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the quotes and prices submitted and the availability of funds.

Rejection of Offers. The Government may reject any evaluated quote that fails to adequately address a significant portion of the requirement or contract terms and conditions. Solicitation Requirements (Terms and Conditions).

Offerors are required to meet all solicitation requirements such as: terms and conditions; representations and certifications; PWS requirements; and those identified as factors (i.e – Technical, Price & Past Performance). Failure to comply with the terms and conditions of the solicitation shall result in the Offeror being ineligible for award. Offeror shall take no exception to the solicitation requirements.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror’s quote is in compliance with the FAR Clause 52.212-1 (to include all Addendums); and instructions in the solicitation.

PRICE: Offerors shall provide pricing information for CLINs 0001- 0014 in their entirety. Unbalanced Pricing shall be evaluated in accordance with FAR 15.404-1(g), as applicable, to assess potential performance risk which could result in unreasonably high prices (over or understated prices).

TECHNICAL APPROACH:

Resumes will be evaluated in comparison to the qualifications listed in section 5 of the PWS.

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

PAST PERFORMANCE: The Government will evaluate Offeror’s past performance references for recency and relevancy. Relevant in terms of scope (nature of work, complexity, magnitude), performed during the past three years. In addition to the contractor provide references, the Government may obtain data from State Department Watch Lists, Federal Awardee Performance and Integrity Information System (FAPIIS) and from Contractor Performance Assessment Reporting System (CPARS). In these various past performance systems, the Government shall assess (but not limited to) the Offeror's quality, schedule and management ratings.

(a) Recency Assessment. An assessment of the past performance information shall be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition shall not be evaluated.

(b) Relevancy Assessment. An assessment of the past performance information shall be made to determine if it is relevant. To be relevant, the effort must be similar in nature of work, size, and complexity. The Government shall conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, size, and complexity to the services/products being procured under this solicitation.

A relevancy determination of the Offeror’s (including joint venture partner(s) and major and critical subcontractor(s)) past performance shall be made, as applicable. In determining relevancy for individual contracts, consideration shall be given to the effort, or portion of the effort, being proposed by the Offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated.

In establishing what is relevant for the acquisition, consideration should be given to what aspects of an Offeror’s contract history would give the most confidence that the Offeror is capable of satisfying this requirement.

(c) Offerors that have been terminated for cause or default on any Government contract or on any private sector contract for unsatisfactory performance within the last three (3) years shall receive an Unacceptable rating.

(d) Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, neither a favorable nor unfavorable past performance rating shall be assigned. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “Neutral” shall be considered “Acceptable.” The Past Performance Factor shall be assigned one of the ratings defined below.

See below table to show rating and description of how Past Performance will be evaluated.

PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable

Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral If the offeror has no relevant past performance, they will be rated as “Neutral”.

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

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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) 52.233-3, 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 products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (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).

X (8) 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).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUB-Zone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUB-Zone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (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.

X (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 (NOV 2021) (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.

____ (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.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 Concerns (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

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

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

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

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (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 (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).

X (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (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.

X (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).

X (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 (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 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 Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (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).

X (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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

X (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).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Grade

15090 Technical Instructor

GS-8 Step 3

_____ (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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-- Negotiation.

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

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

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

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

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

(ii) 52.203-19, 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) 52.219-8, 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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 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 (MAY 2022) (E. O. 12989).

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

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

(End of clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021)

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

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 concern eligible under the WOSB Program.

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 the size standard in paragraph (b) of this provision.

(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.

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 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 the stock of which is owned by one or more women; and

(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) The North American Industry Classification System (NAICS) code for this acquisition is 611710

(2) The small business size standard is $16.5M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., non-manufacturer), is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women- owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [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.

(3) [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 women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.