D1_M6740020Q0081 FINAL.pdf

SEE ADDENDUM

(No Collect Calls)

M6740020Q0081 14-Aug-2020

b. TELEPHONE NUMBER

011-81-98-970-4643

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 14 Sep 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M674009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CAPTAIN IAN NETZEL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M0001220SULH9NQ

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCIPAC REGIONAL CONTRACTING OFFICE

MCB CAMP S.D. BUTLER

OKINAWA 904-0100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M00012 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

M00012

SSGT SHAQUILLE WEBB

MARINE AIRCRAFT GROUP 12

UNIT 37150

FPO AP 96603-7150

TEL: 315-255-3901 FAX:

FAX:

TEL: 315-645-3607 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$39,500,000

NAICS:

236220

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6740020Q0081

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) for the

Construction Disassembly and Assembly of Big Top Sun Shades

1.0 General

1.1. Introduction and Background.

In 2011 the Government purchased 40 Big Top Aircraft Sun Shades for use as Aircraft Protective Equipment (APE) at Marine Corps Air Station (MCAS) Iwakuni, Japan. These APE have since reached the end of their usable life span, are quickly becoming unserviceable, and require disassembly and removal. Additionally, the Government has purchased replacement APE that are expected to arrive at the air station in September 2020. The Government requires contracted services to disassemble the current APE and install the new ones in their place.

1.2. Scope of Work and Objective.

1.2.1 Disassembly of existing APE. Removal of APE cover material, removal of grounding kit, removal of all supporting wiring, disassembly of APE, removal and disassembly of trusses, separate disassembled APE between metalic and non-metalic materials, stage the metalic materials in place, dispose of non-metalic materials in Government provided dumpster, grind anchor bolts flat, fill any remaining holes or significant divots with a suitable material as to retain surface integrity.

1.2.2 Assembly and Installation in accordance with Original Equipment Manufacturer’s specifications. This consists of drilling new anchor bolt holes, assembly of the APE, installation of Government furnished lightening grounding kit, and installation of Government furnished blast shield. The Government shall provide all hardware such as bolts and cables for the assembly of the APE. Contractor shall provide all necessary tools, equipment, labor and management necessary in the execution of the tasks specified within the PWS.

1.3. Period of Performance. 29 September 2020 to 28 February 2021

1.3.1. Federal Holidays. The contractor shall not be required to provide services on federal holidays unless the holiday is particularly specified otherwise in this PWS.

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S.

Government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday. In addition to these federal holidays, if the President of the United States issues an executive order closing the federal Government, that date shall also be considered a recognized federal holiday (Reference Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statues insofar as they relate to the pay and leave of employees of the United States).

Federal Holiday Occurrence New Year’s Day 1 January*

Martin Luther King Jr.’s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day last Monday of May

Independence Day 4 July* Labor Day 1st Monday of September

Columbus Day 2nd Monday of October Veterans Day 11 November*

Thanksgiving Day 4th Thursday of November Christmas Day 25 December*

1.3.2. Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 7:30am.

2.0 Place of Performance. Marine Corps Air Station Iwakuni Japan flight line apron. East side of building 6020 and building 6030. Government procured APE will be located at the Ground Supply Building 6250. See Appendices A and B.

3.0 Technical Requirements (Description of Work / Tasks)

3.1 Overview.

Due to aircraft protection requirements, all 40 APE cannot be disassembled at one time. Consequently, this project will consist of two phases. See Appendix A. The Contractor shall disassemble (20) APE then assemble (20) replacement APE during each phase. The Government’s Technical Point of Contact will be responsible for inspecting the completion of Phase 1 and informing the Contractor to begin Phase 2. The following assembly related documents are provided:

Enclosure (1) Big Top Manufacturing Assembly Instruction Enclosure (2) Big Top Manufacturing Blast Shields For F-35

3.2 Disassembly and Disposal:

Contractor shall disassemble all APE in a manner that poses the least risk of Foreign Object Debris (FOD) creation, has minimum impact to flight line operations, and poses no apparent risk to any personnel or aircraft. The contractor is responsible for all FOD mitigation and removal. Contractor shall provide all necessary tools, equipment, labor and management necessary to disassemble the equipment in accordance with the manufacturer's specifications and Performance Work Statement (PWS).

The contractor shall disassemble the APEs to their smallest individual components in accordance with Appendix C.

Once disassembled, the contractor shall stage the APE material and items in place. See Appendix A. The contractor shall separate the APE material and other non-metal materials from the metal. The Government, via Marine Aircraft Group-12 (MAG-12), will provide a receptacle to be located on or near the work site for non-recyclable materials.

The contractor will be responsible for disposing the non-metal material into the Government provided receptacle.

The contractor shall notify the Government technical point of contact once each sun shade has been completely disassembled and the metal sections are ready for disposal. MAG-12 will make arrangements with base recycling facilities for disposal of all metal and coordinate transportation from the worksite to station recycling center. The contractor will not be responsible for disposal of this material.

3.3 Assembly and Installation:

Contractor shall follow all applicable guidance as outlined in the provided Big Top Manufacturing installation instructions as to ensure validity of manufacturer warranty. APEs will be anchored to the ground per manufacturer installation guidelines in approximately the same location as the removed APE allowing for a small offset for new anchor bolt holes to be drilled into fresh concrete. Contractor shall unpack staged government procured APE at building 6250 and secure all packing material. Contractor shall place unpacked APE in a predetermined location not more than 50 yards from staging area. MAG-12 shall provide loading, transportation, and unloading from building 6250 to the installation site not more than one half mile distance. MAG-12 shall provide trash receptacles at the staging location at building 6250 and arrange disposal of packing materials. See Appendix B.

As part of the assembly, the Contractor shall unload APE from shipping containers and place all packing material in a predetermined location, station approved, for proper disposal by the customer per Government regulations.

Contractor shall install the lightening grounding kit, part number LGS6060, for each APE. The Contractor is responsible for grounding each APE with a static ground that does not exceed 10,000 ohms of electrical resistance per APE in normal dry conditions. The grounding method used must be approved by Marine Corps Air Station (MCAS) Iwakuni and be located inside, or in close proximity, to the APE wall and not interfere with aircraft taxiing or cause a trip hazard.

Contractor shall install blast shield, part number 356060, in accordance with the manufacturer's specifications and this Performance Work Statement so as no damage shall be done to the APE and the manufacturer's warranty will remain valid.

3.4 Foreign Object Debris Prevention. At the beginning and end of each day, the Contractor will conduct a thorough sweep of the area to collect and remove any FOD in and around the work area. The Government Technical Point of Contact shall ensure the Contractor’s FOD prevention practices are satisfactorily complete once per week. Contractors will ensure their tools, equipment, and other gear are secured at all times and not left unattended. Contractors will maintain, at minimum, a 50 foot distance between any installation and assembly work and any aircraft. If at any time this boundary is to be broken, work will cease until the 50 foot distance can be reestablished.

3.5 Medical Treatment. Medical care is available at the Branch Health Medical Clinic Acute Care Clinic located on MCAS-Iwakuni only in emergent circumstances where the severity of the injury prevents contractor from seeking medical treatment from a civilian health care provider. Contractors are expected to pay the cost of the hospital bill and request reimbursement from their insurance company.

4.0 Delivery or Deliverables. Provide Marine Aircraft Group 12 and MCAS-Iwakuni with weekly written status reports, in the format of the contractors choosing, containing but not limited to an overview of progress, timeline assessment, completed milestones to date, estimated completion date, issues and/or concerns.

5.0 Applicable Documents / Governing References. In addition to requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance.

Reference Location Big Top Manufacturer Assembly Instructions Big Top

6.0 Government Furnished Facilities, Equipment, Services and/or Information. Government property identified herein, or by attachment, is subject to the requirements of FAR and DFARS part 45, pursuant to the enumerated property clauses incorporated in this contract/order.

7.0 Special Instructions and Administrative Information

7.1. Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

7.2. Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other Government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

7.2.1. Personal and Corporate Identification. Wear or display contractor provided nametags, badges or attire which display, at a minimum, the name of the contractor and their respective company.

7.3. Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering Marine Corps Bases Japan (MCBJ) Camps, Air Stations, or facilities. A listing of DTCN countries and other related information regarding this policy can be found in United States Forces Japan (USFJ) Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

7.4. Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the Governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “ TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

7.5. Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Technical Representative. Cross teaming may or may not be permitted.

7.6. Working Hours. Normal operating hours will be from 0730 to 1630 Monday through Friday (5 day work week). If the contractor requires access to the work site outside these hours, they may provide a request in writing with the requested hours and applicable time period.

7.7. Security. The Contractor shall coordinate and ensure the provision of security badges required to allow contractor personnel access to designated workspaces; the Contractor shall comply with all applicable security requirements, abide by direction given by Military Police or other security personnel, and adhere to installation traffic laws.

7.8. Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a DOD installation shall participate in local Voluntary Protection Programs (VPP). Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html

7.9. Installation Access and Personnel Credentialing

7.9.1. Motor Vehicles. Vehicle licensing, registration, and insurance requirements must all be conducted in accordance with host nation law, USFJ Instruction 31-205, and applicable local installation policies.

7.9.1.1. Road Laws. All personnel operating motor vehicles under this contract/order are subject to U.S. military installation regulations and Japanese Road Laws. Failure of the contractor, its employees, or its sub-contractors, to comply, may result in revocation of driving privileges or other legal action.

7.9.2. Personnel Access / Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and POP. Failure to complete such actions in a timely manner, some of which may occur prior to the Period of Performance (POP) or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

http://www.osha.gov/dcsp/vpp/index.html

7.9.2.1. Base Passes and/or Defense Biometrics Identification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations Pacific Order 5512.2, which can be provided upon request. The process to request access requires approval from the Contracting Officer in an access request letter.

7.9.2.2. Return and/or Disposal of Access Credentials. The contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer.

The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

7.10. Travel. Travel costs are NOT reimbursable on this contract. The Contractor is responsible for including all travel costs in the service Contract Lin Item Numbers. (CLIN) for disassembly and assembly. .

7.11. Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the Government may conduct Quality Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.

7.12. Performance Requirements Summary.

Task Performance Objective

PWS

Ref

Performance Standard AQL Surveillance

Method Incentive

Disassembly

The Contractor will perform disassemble and dispose of old

APE

3.2

Old APE are properly disassembled and disposed of.

95% of all APE are disassembled on schedule.

100% Inspection

CPARS

Report

(Positive or Negative)

Exercise of

Options

Assembly

The Contractor will perform assembly of new APEin strict compliance with the manufacturer installation instructions.

3.3

New APE are properly assembled and installed in a way which retains the manufacturer warranty.

95% of all APE are disassembled on schedule.

100% Inspection

CPARS

Report

Option s

FOD

Prevention

The Contractor will employ practices to ensure FOD is removed from their work area.

3.4

Contractor inspects work site for FOD at beginning and end of each work day throughout the entirety of contact performance.

95% of FOD inspections conducted within the first and last 10 minutes of each work day.

Weekly Technical

Representativ e visit and Inspection

CPARS

Report

Options

8.0 Acronym Key

AHA Activity Hazard Analyses AOR Area of Responsibility

APE Aircraft Protective Equipment APP Accident Prevention Plan CAC Common Access Card CLIN Contract Line Item Number CUI Controlled Unclassified Information DBIDS Defense Biometric Identification System DFARS Defense Federal Acquisition Regulations Supplement DoD Department of Defense DSSR Depart of State Standardized Regulations DTCN Designated Third Country Nationals ESOH Environmental Safety and Occupational Health FAR Federal Acquisition Regulations FCG Foreign Clearance Guide FOD Foreign Object Debris FTR Federal Travel Regulations INDOPACOM Indo-Pacific Command JCI Japanese Compulsory Insurance KO Contracting Officer MAG-12 Marine Aircraft Group 12 MCAS Marine Corps Air Station MCBJ Marine Corps Bases Japan OCI Organizational Conflict of Interest OSHA Occupational Safety and Health Administration PCO Procuring Contracting Officer PMO Provost Marshalls Office POP Period of Performance PPE Personal Protective Equipment PWS Performance Work Statement QA Quality Assurance RCO Regional Contracting Office SDO Squadron Duty Officer SOFA Status of Forces Agreement SSHO Site Safety and Health Officer TCCOR Tropical Cyclone Condition of Readiness USFJ United States Forces Japan VTC Video Telephone Conference

End Performance Work Statement

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Disassembly

FFP

Disassembly and removal of (40) 60x60x25 Big Top Sun Shades in accordance with the PWS.

FOB: Destination

MILSTRIP: M0001220SULH9NQ

MFR PART NR: Big Top Manufacturing 60x60x28 Sunshade

PURCHASE REQUEST NUMBER: M0001220SULH9NQ

PSC CD: N054

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Assembly and Installation

FFP

Assembly and Installation of (40) 60x60x28 Big Top Sun Shades in accordance with the PWS.

FOB: Destination

MILSTRIP: M0001220SULH9NQ

MFR PART NR: Big Top Manufacturing 60x60x28 Sunshade

PURCHASE REQUEST NUMBER: M0001220SULH9NQ

PSC CD: N054

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 28-FEB-2021 1 M00012

SSGT SHAQUILLE WEBB

MARINE AIRCRAFT GROUP 12

UNIT 37150

FPO AP 96603-7150

315-255-3901 FOB: Destination

M00012

0002 28-FEB-2021 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination M00012

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

DEC 2019

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

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.211-6 Brand Name or Equal AUG 1999 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

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

DEC 2019

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation)

JAN 2012

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

SEP 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

(a) This is a commercial item requirement using Simplified Acquisition Procedures under FAR Part 12 and 13, respectively. Evaluation will be conducted using simplified procedures in accordance with FAR 13.106.

(b) 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:

1) Technical Approach

2) Past Performance

3) Price (Note: Government will only consider past performance as the prime contractor.)

c) The Technical evaluation will be based upon the quoters submissions described in the “Technical Information” section of 52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015).

Quoters will be evaluated on the suitability of their written plan, and ability to convey a clear, comprehensivapproach to meeting the requirement as described in the PWS.

Past Performance. For purposes of evaluation of past performance and determination of responsibility, an assessment will primarily be conducted through Federal Awardee Performance and Integrity Information System (FAPIIS) / Contractor Performance Assessment Reporting System (CPARS), but may include other authorized methods described at FAR 13.106-2(b)(3)(ii). Past performance, for purposes of evaluation, will be assessed as ‘satisfactory’ or ‘unsatisfactory,’ at the discretion of the contracting officer, based on the totality of information available. A past performance determination of ‘unsatisfactory’ will exclude the offer from consideration for award.

Price Evaluation. Price competition is expected, and evaluation will be conducted to determine prices are fair and reasonable in accordance with FAR 13.106-3(a)(2) and any further analysis in accordance with FAR procedures, as necessary. The total evaluated price to the Government will be calculated by the sum total of all proposed CLINs of the RFP, at the stated quantities.

(d) A written notice of award or acceptance of a quote 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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

https://bet.sam.gov/

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

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

(1) Means a small business concern--

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and…