Combined Synopsis W91151-21-Q-0175 MHE (2).docx

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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.

This is a Request for Quote (RFQ) and the solicitation number is W91151-21-Q-0175.

This acquisition is 100% Small Business Set Aside. The North American Industry Classification System (NAICS) code is 532490 and the associated size standard is $15,000,000.00.

This combined synopsis-solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-06, effective 10 June 2021, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20210709.

This combined synopsis-solicitation incorporates one or more provisions or clauses by reference, with the same force and effect as if they were given in full text. The full text of any provision or clause may be accessed electronically at http://farsite.hill.af.mil or https://www.acquisition.gov/far/index.html.

The Government will award a contract resulting from this combined synopsis-solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The contractor shall provide the following Service: 2 each 30,000 pound forklifts with operators, 2 each 10,000 pound forklifts with operators, and 1 each 60,000 ton crane with operator. In accordance with the PWS.

The Service shall be performed in the 1/1CD footprint located on Fort Hood Texas. The 1/1 CD footprint includes: 1ABCT motor pools building number: 32022, 355039, 38021, 38036, 38051, 38061, and 44010.

The contractor shall comply with the following performance work statement:

PERFORMANCE WORK STATEMENT (PWS)

MATERIAL HANDLING EQUIPMENT (MHE) FOR 1/1CD

30K FORKLIFT

10FORKLIFT

60 TON CRANE

Part 1

General Information

1. GENERAL: This is a service contract with personnel to provide 2x 30,000 (30K) pound forklifts, 2x 10,000 (10K) forklifts, and 1x 60,000 ton crane with operators in support of the 1st Cavalry Division DSB’s IRONHORSE redeployment operations. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide a quantity of 2x 30,000 (30K) pound forklifts, 2x 10,000 (10K) forklifts, and 1x 60,000 ton crane to be delivered to Fort Hood, TX to unload/upload containers, tracks, and wheeled vehicles in support of IRONHORSE redeployment operations. The contractor is responsible for all maintenance the equipment might need that is not considered damage due to negligence, and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair shall be prepared to swap out the vehicle. The government will provide fuel for the duration of the contract and delivery/pick-up costs are included in the price.

1.2 Background: This effort is in support of 1st Cavalry Division, DSB; supporting the 1/1CD MHE requirements.

1.3 Objectives: The objective of this contract is to provide 1/1CD with additional MHE in order to support all aspects of their redeployment operations.

1.4 Scope: The contractor shall provide a quantity of 2x 30,000 (30K) pound forklifts, 2x 10,000 (10K) forklifts, and 1x 60,000 ton crane with operators to be delivered to Fort Hood, TX to unload/upload containers, tracks, and wheeled vehicles in support of IRONHORSE redeployment operations. The contractor is responsible for all maintenance the equipment might need that is not considered damage due to negligence, and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair shall be prepared to swap out the vehicle. The contractor will provide fuel for the duration of the contract and ensure all necessary oils and lubricants are available for any needed maintenance that might be required on the equipment. The contractor shall have a company representative on call to respond to equipment operability issues with full telephone coverage and authority to make decisions on behalf of the company. The time starts for a required maintenance call when the Government calls or texts the company representative. The contractor shall have functioning voicemail. Lack of telephonic capabilities by the contractor does not relieve the contractor of liability for required timeframe to make equipment operational.

0. Period of Performance: The period of performance shall be for 27 working days. The Period of Performance reads as follows: 12 AUG 2021 – 17 SEP 2021

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan (QCP) is to be delivered with the contractor’s proposal, three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the QCP the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 08:00 a.m. through 4:00 p.m., Central Standard Time. The Contractor shall not work on weekends, overtime, or holidays during the established period of performance, and must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed.

1.6.5 Place of Performance: The work to be performed under this contract will be performed in the 1/1CD footprint located on Fort Hood Texas. The 1/1 CD footprint includes: 1ABCT motorpools building number: 32022, 355039, 38021, 38036, 38051, 38061, and 44010.

1.6.6 Type of Contract: The government will award a Fixed-Firm-Price contract.

1.6.7 Security Requirements: N/A

1.6.7.1 PHYSICAL Security: The Government will provide physical security of the MHE to ensure that only authorized personnel have access. The MHE will be secured in a motorpool that will be locked at the close of business for the day.

1.6.7.2 Key Control: Any assigned keys will be managed within the Department of the Army’s key control program. Contractors will not receive any keys to the motorpools but a list of unit POCs will be available for the contractors.

1.6.8 Special Qualifications: Contractor employees shall be trained, qualified, certified and/or licensed under the requirements specified in this contract prior to starting work. The contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. The Contractor shall maintain the work force in such a manner as to ensure that the employees remain fully qualified. The Contractor shall only employ persons able to speak, read, write, and understand English for those positions interacting with Government personnel, and where English is used or essential to provide the information, or service. Contractor personnel shall be physically capable of performing work under all climatic conditions.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the Contracting Officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regards to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the Government: Contract Manager/Alternate Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 5:00p.m., Monday thru Sunday to include Federal holidays except when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Contract Manager and Alternate must have sound knowledge of: Load and unloading cargo from delivery trucks, storage areas, and production areas. Operate various machinery including forklifts to handle materials and inventory.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13 Contractor Travel: Contractor will be required to travel throughout Fort Hood during the performance of this contract to load and unload equipment. The contractor is not required to travel to off-site locations.

1.6.14 Other Direct Costs: N/A

1.6.15 Data Rights: N/A

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS: [List all acronyms used in the PWS and what they represent. At a minimum, insert the acronyms provided below].

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide the following services: office space, facilities, utilities (to include water or electric), equipment, or materials to execute tasks in conjunction with this contract.

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall provide all labor, supervision, transportation, vehicles, supplies, equipment, materials, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Facility Clearance. N/A

4.3. Materials. The contractor will provide necessary manuals, current safety inspections and components to operate the forklifts

4.4. Equipment. The contractor shall provide a quantity of two (2) 10,000 pound (10K) forklifts or equivalent, two (2) 30,000 pound (30K) extended forklifts or equivalent, and one (1) 60Ton crane or equivalent to be delivered to Fort Hood, TX. Equipment must be able to operate and withstand rough terrain. Forklifts shall be supplied with rough/rugged terrain tires and fuel.

4.5. Responsibilities of the Contractor.

4.5.1. The Contractor shall provide a safe working environment for key consultants and all persons in his/her employment as prescribed by Engineering Manual (EM) 385-1-1, “General Safety Requirements” and 29 CFR 1910 “Occupational Health and Safety”. The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government.

4.5.2. Contractor shall exercise extreme caution to protect building finishes, private property, military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatsoever kind and nature to all Government property, while in the performance of these contract requirements, which result in whole or in part from the negligence or omissions of Contractor, any of his Subcontractors or any employee, agent or any representative of the Contractor or Subcontractor(s).

4.5.3. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide all equipment, supplies, tools, materials, supervision, and other items necessary to perform this prescribed project as defined in this PWS to meet the performance requirements, except for those items specified as Government services.

5.1.1. The Contractor shall provide a quantity of two (2) 10,000 pound (10K) forklifts or equivalent, two (2) 30,000 pound (30K) extended forklifts or equivalent, and one (1) 60 Tone crane or equivalent. Equipment will be required from 12 AUG 2021 – 17 SEP 2021.

5.1.2. The Contractor is responsible for providing uninterrupted services from 08:00 am to 5:00 pm Monday thru Friday. This does not include weekends or federal holiday that fall within the period of work.

5.1.3. The Contractor is responsible for forklift maintenance issues and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair the Contractor must replace the vehicle at no additional cost to the Government.

5.1.4. The Contractor is responsible for providing all fuel necessary to conduct daily operations. In addition, the Contractor will provide any necessary petroleum, oils, and lubricants needed for maintenance operations.

5.1.5. The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery the Contractor shall complete a joint pre-inspection with the COR verifying that the forklifts are operational and all operators are licensed.

5.1.6. The Contractor will ensure that all employees needing access to Fort Hood, TX to conduct operations is Anti-terrorism Level I trained prior to the start of the performance work period. The link for the training can be found at https://jko.jten.mil. The Contractor is responsible for ensuring that these training certificates are available for inspection upon request.

5.1.7. The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. All personnel that will be interacting with the key personnel identified earlier in the document must be able to speak, write, and understand English to ensure clear communication because the key personnel and the Contractor.

5.1.8. The Contractor is responsible for working during inclement weather such as rain and must ensure that their equipment has the ability to operate during this time as well. If operations on Fort Hood, TX were to shut down than the Contractor will be notified by the COR. Unless notified the Contractor is responsible for uninterrupted operations throughout the workday.

5.1.9. The Contractor will ensure that the equipment is made available at the locations where equipment is needing unload/upload. The Contractor will work with the COR to make a plan for the delivery locations to ensure that the Contractor knows where to be at what time.

5.1.10. Prior to departure for the day the Contractor will ensure that their equipment is located in one location and is located up properly with the COR. This will serve as a confirmation that there is no more equipment needing upload/unloaded for the day and that the contractor can validate their equipment is secure.

5.1.11. The Government reserves the right to vary quantities by +/- 30%, and to make increases or decreases to the period of performance due to operational requirements. In the event changes occur, the Contracting Officer (KO) will notify the Contractor within 24 hours to make the adjustment accordingly. The Government shall not be charged for decreasing quantities or period of performance due to changes in operational requirements. Any changes shall be prorated at the calculated daily amount to adjust for increasing or decreasing requirements.

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures i.e., ARs 710-2, 725-50, DA Pam 710-2-2, GCSS-Army end users guide, and local SSA SOP(s).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Method of Surveillance

5.1.1.

The Contractor shall provide a quantity of two (2) 10,000 pound (10K) forklifts or equivalent, two (2) 30,000 pound (30K) extended forklifts or equivalent, and one (1) 60 Tone crane or equivalent. Equipment will be required from 12 AUG 2021 – 17 SEP 2021.

5.1.2.

The Contractor is responsible for providing uninterrupted services from 08:00 am to 4:00 pm Monday thru Friday. This does not include weekends or federal holiday that fall within the period of work.

5.1.3 The Contractor is responsible for forklift maintenance issues and in the event of an emergency maintenance requirement lasting more than eight (8) hours to repair the Contractor must replace the vehicle at no additional cost to the Government.

5.1.4 The Contractor is responsible for providing all fuel necessary to conduct daily operations. In addition, the Contractor will provide any necessary petroleum, oils, and lubricants needed for maintenance operations.

5.1.5 The Contractor shall coordinate with the COR to assure all delivery confirmations prior to arrival. At time of delivery the Contractor shall complete a joint pre-inspection with the COR verifying that the forklifts are operational and all operators are licensed.

5.1.6 The Contractor will ensure that all employees needing access to Fort Hood, TX to conduct operations is Anti-terrorism Level I trained prior to the start of the performance work period. The link for the training can be found at https://jko.jten.mil. The Contractor is responsible for ensuring that these training certificates are available for inspection upon request.

5.1.7 The Contractor shall maintain records of training qualifications, certifications, and licenses and provide them to the Contracting Officer upon request. The Contractor shall ensure that the employees remain fully qualified to perform work under this contract. All personnel that will be interacting with the key personnel identified earlier in the document must be able to speak, write, and understand English to ensure clear communication because the key personnel and the Contractor.

5.1.8.

The Contractor is responsible for working during inclement weather such as rain and must ensure that their equipment has the ability to operate during this time as well. If operations on Fort Hood, TX were to shut down than the Contractor will be notified by the COR. Unless notified the Contractor is responsible for uninterrupted operations throughout the workday.

5.1.9.

The Contractor will ensure that the equipment is made available at the locations where equipment is needing unload/upload. The Contractor will work with the COR to make a plan for the delivery locations to ensure that the Contractor knows where to be at what time.

5.1.10.

Prior to departure for the day the Contractor will ensure that their equipment is located in one location and is located up properly with the COR. This will serve as a confirmation that there is no more equipment needing upload/unloaded for the day and that the contractor can validate their equipment is secure.

NOTE: Customer Complaint: Complaints must be validated.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this exhibit.

1 original and 1 copy to be provided with the contractor’s proposal.

MS Word and or PDF

KO and COR

The following FAR and DFARS clauses and provisions are incorporated by reference:

52.204-7 System for Award Management OCT 2018;

52.204-13 System for Award Management Maintenance OCT 2018;

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

52.212-1 Instructions to Offerors--Commercial Items JUN 2020;

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018;

52.232-25 Prompt Payment JAN 2017;

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013;

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;

252.204-7003 Control Of Government Personnel Work Product APR 1992;

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016;

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

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

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018;

252.232-7010 Levies on Contract Payments DEC 2006;

The following FAR and DFARS clauses and provision are incorporated by full text:

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB)guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

Factor A: The following ratings will be used in evaluating all non-price technical factors:

Acceptable = Proposal clearly meet or exceed C.5 – SPECIFIC TASKS of the PWS.

Unacceptable = Proposal does not clearly meet or exceed C.5 – SPECIFIC TASKS of the PWS.

Factor B: A Price analysis will be performed to determine the extent, to which it is adequate, reasonable and realistic in accordance with FAR 15.404-1(b).

(b) 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 acceptan offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.L.113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19U.S.C.3805 note)).

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

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

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

(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

(35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph

(d) if this contract was awarded using other than…