Combined Synopsis FINAL v1.pdf

This is a Combined Synopsis/Solicitation for the establishment of a Multiple Award Indefinite Delivery/Indefinite Quantity contact for Data Analytics Information Technology services. Please see attached Performance Work Statement, all anticipated clauses and provisions with be listed at the end.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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. The Simplified Acquisition Procedures (FAR 13) will be used for requirement.

(ii) Solicitation Number: F1SEAJ2332A001 **Please provide the full solicitation number on all packages**

A. Ideal quotes will demonstrate the offeror’s capabilities (e.g. applicable Subject Matter Expertise, similar scope of current/past projects, and description of delivered capabilities) in the areas of the Specific Tasks listed in 1.6 of the PWS and how that capability will be applied within the context of the MDTF’s needs listed in the Background, section 1.2 of the PWS.

B. Task orders will be for “Data Analytics Applications, Application, and Network Architecture Development as described in the 1.6 Specific Tasks in the PWS.

C. Contractor technical capability should be in a format that demonstrates the offeror’s capabilities (e.g. applicable Subject Matter Expertise, similar scope of current/past projects, and description of delivered capabilities) in the areas of the Specific Tasks listed in 1.6 of the PWS and how that capability will be applied within the context of the MDTF’s needs listed in the Background, section 1.2 of the PWS. Brevity is appreciated.

Interested parties who believe they can meet all the requirements for the items described in this synopsis are invited to submit, in writing, a complete quote.

Offerors may submit a quote; ensuring the quote contains information and pricing for all contract line items (CLINs). Offerors are required to submit with their quote enough information for the Government to evaluate the requirements detailed in this combined synopsis/solicitation. Offerors shall submit quotes via email, please note the maximum file size is 10MB. Emails over this file size will not be received. Submit only written offers; oral offers will not be accepted.

The quote MUST contains the number of hours and the rate per hours and category of each labor type proposed. The Government recommends that you Include a pricing for Year 1, 2 and 3 Excel spreadsheet in the format below

This solicitation is issued as a Request for Quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2022-07 and DPN 20210115 and AFAC 2022-0502.

(iv) The North American Industry Classification System (NAICS) number for this acquisition is 541511 – Other Computer Programming Services with a size standard of $34,000.000.

(v) Period of Performance: Start date is estimated to be TBD. The period of performance is expected to last for 3 years.

(vi) The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items (MAR 23), applies to this acquisition. Provisions and clauses can be viewed via internet at Acquisition.gov, https://www.acquisition.gov/

Offerors shall prepare their quotations in accordance with FAR 52.212-1. In addition, the following information shall be included:

PROVIDE THE FOLLOWING CONTRACTOR INFORMATION WITHIN YOUR QUOTE:

1. SAM UEI:

2. TIN Number:

3. CAGE Code:

4. Contractor Name:

5. Payment Terms (NET 30) or Discount:

6. Point of Contact Name and Phone Number:

7. Email address:

8. Warranty:

9. Date Offer Expires:

10. FOB Destination:

11. Completed copy of FAR 52.212-3, Alt I, Offeror Representations and Certifications -- Commercial Items (Oct 2014) – or - notification that FAR 52.212-3 representations and certifications are available on SAM.gov

Written Quote Instructions. Written Quote shall be detailed (clearly demonstrate how all objectives will be accomplished) enough to allow for a limited technical evaluation and to fully understand the materials used. quotes are limited to 15 pages prepared in .pdf format. Font should be size 10 standard business font, normal character spacing (i.e., not condensed). Quotes received that exceed the page limitation will have the excess pages removed before review. Quotes submitted that are illegible will not receive further consideration. Include page numbers.

The written quote shall include a title page which identifies the company name, the company’s Commercial and Government Entity (CAGE) number, the company’s SAM.gov unique entity Identification number, Company POCs (include email and telephone), and the title of the white paper.

The title page does not count towards the page limitations.

(ix) The provision at FAR 52.212-2, Evaluation - Commercial Items (Nov 2021) applies to this acquisition.

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.

Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluations (JUN 2020)

(1) The Government may use the Supplier Performance Risk System (SPRS)) (formerly Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)) and may use other performance history to evaluate suppliers’ past performance.

(2) SPRS collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The SPRS application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies the Government is purchasing.

(3) The contracting officer may use the quality and delivery classifications identified for a supplier in

SPRS in evaluating a supplier’s past performance in conjunction with the supplier’s references (if requested), and other past performance data the government might collect. The Government will use this past performance information in accordance with the basis for award stated in the solicitation.

(4) SPRS generates classifications daily for each contractor. The SPRS Software User's Guide for

Awardees/Contractors) and the SPRS Government User Guide) provide instructions for accessing SPRS classifications. Contractors have access to SPRS for their own classifications only.

Other evaluation factors:

Technical Capability/Experience will be used to evaluate offers:

ADJECTIVAL RATING TECHNICAL CAPABILITY / EXPERIENCE

OUTSTANDING State of Art and State-of-Practice in 2023 The quote demonstrates a thorough understanding of the problem along with a thorough understanding of the solution spaces for both the current state-of-the-art and state-of-practice. The contractor has subject matter experts with advanced degrees (equal to or greater than Master) in applicable field(s) that have solved comparable problems that are dedicated for the duration of the task order. The contractor shall provide descriptions of previous solutions in the data flow process that directly relate to the task order (e.g. the applicable subset of data movement, storage, ingestion, categorization, applied algorithms/automation, visualization, suer interaction, user experience, and/or dissemination).

The contractor must be able to meet the requirements as described in the PWS.

GOOD State of Art and State-of-Practice in 2023 The quote demonstrates a thorough understanding of the problem along with an understanding of the solution space for the state-of-practice.

The contractor has subject matter experts with advanced degrees (equal to or greater than Master) in applicable field(s) that have solved comparable problems and are available for more than 50% of the time for the duration of the task order. The contractor shall provide descriptions of previous solutions in the data flow process that are related to the task order (e.g. the applicable subset of data movement, storage, ingestion, categorization, applied algorithms/automation, visualization, suer interaction, user experience, and/or dissemination).

The contractor must be able to meet the requirements as described in the PWS.

ACCEPTABLE State-of-Practice The quote demonstrates an understanding of the problem along with an understanding of the solution space for the state-of-practice. The contractor has subject matter experts in related fields and are available during the task order. The contractor shall provide descriptions of previous solutions in the data flow process that are analogous to the task order (e.g. the applicable subset of data movement, storage, ingestion, categorization, applied algorithms/automation, visualization, suer interaction, user experience, and/or dissemination).

The contractor must be able to meet the requirements as described in the PWS.

UNACCEPTABLE The quote does not demonstrate an understanding of the problem, or does not demonstrate an understanding of the solution space for the state-of-practice. Or the contractor does not have subject matter experts in related fields that are available during the task order. The contractor does not provide descriptions of previous solutions in the data flow process that are analogous nor related to the task order (e.g.

the applicable subset of data movement, storage, ingestion, categorization, applied algorithms/automation, visualization, suer interaction, user experience, and/or dissemination).

The contractor must be able to meet the requirements as described in the PWS.

Award will be made to each qualifying offeror and that pricing will only be evaluated at the task order level

(x) Offerors shall include completed copies of applicable provisions, which are included at the end of this docuement.

Offers will be considered incomplete if these are not included with the quote.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Nov 2021), applies to this acquisition.

(xii) The clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUN 23), applies to this acquisition.

(xii) Additional Contract Requirement or Terms and Conditions: Please find a contemplated list of additional provisions/clauses in the attachments; the final list of clauses is dependent upon actual dollar value of the contract award and may change from those provided in the attachment. Full text for the clauses and provisions can be accessed via https://www.acquisition.gov/

(xiii) Defense Priorities and Allocation System (DPAS): N/A

(xiv) Quote Submission Information:

It is the government’s intent to award without discussions. Therefore, each initial quote should contain the offeror’s best terms from a price and technical standpoint. However, the government reserves the right to conduct discussions if the Contracting Officer (CO) determines that discussions are necessary.

Offers are due by Thursday 3 May 2023 at 12:00 PM, Pacific Standard Time (PST).

Offers must be sent via email to both Adam R Confer (Adam.Confer.2@us.af.mil) AND Falilou Diouck (Falilou.Diouck@us.af.mil). No late submissions will be accepted.

(xv) For additional information regarding this solicitation contact:

Primary Point of Contact:

Adam R. Confer

CS/CO

Adam.Confer.2@us.af.mil

Secondary Point of Contact:

Falilou.Diouck@us.af.mil

Anticipated Clauses and Provisions:

Provisions and Clauses (IDIQ)

Provisions:

• 52.216-27 Single or Multiple Awards Oct 1995 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. It is the Governments intention to award this IDIQ contract to at least 5 qualified vendors.

(End of provision) Clauses:

• 52.216-18 Ordering Aug 2020 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

• 52.216-19 Order Limitations

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of _____________ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of ______________ [insert dollar figure or quantity];

or

(3) A series of orders from the same ordering office within _____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

• 52.216-22 Indefinite Quantity Oct 1995

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

• 52.216-32 Task-Order and Delivery Ombudsman

Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. _____________ [Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

Provisions:

• FAR 52.204-07 System for Award Management Oct-18

• FAR 52.204-16 Commercial and Government Entity Code Reporting Aug-20

• FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation Oct-20

• FAR 52.212-01 Instructions to Offerors--Commercial Items Sep-21

• FAR 52.212-02 Evaluation--Commercial Items Oct-14

• FAR 52.212-03 Offeror Representations and Certifications--Commercial Items Feb-21

• FAR 52.212-03 Alt I Offeror Representations and Certifications--Commercial Items Oct-14

• FAR 52.217-05 Evaluation of Options Jul-90

• FAR 52.223-01 Biobased Product Certification May-12

• FAR 52.223-04 Recovered Material Certification May-08

• FAR 52.226-03 Disaster or Emergency Area Requirements Nov-07

• FAR 52.226-04 Notice of Disaster or Emergency Area Set-Aside Nov-07

• FAR 52.229-11 Taxes on Certain Foreign Procurements - Notices and Representation Jun-20

• DFARS 252.203-7005Representation Relating to Compensation of Former DoD Officials Nov-11

• DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Oct-

• DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation Dec-19

• DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation May-21

• DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements Nov-20

• DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval Systems - Statistical Reporting in Past Performance Evaluations Sep-19

• DFARS 252.215-7007 Notice of Intent to Resolicit Jun-12

• DFARS 252.215-7008 Only One Offer Jul-19

Clauses:

• FAR 52.203-03 Gratuities Apr-84

• FAR 52.203-06 Alt I Restrictions on Subcontractor Sales to the Government Oct-95

• FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 Jun-10

• FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan-17

• FAR 52.204-13 System for Award Management Maintenance Oct-18

• FAR 52.204-14 Service Contract Reporting Requirements Oct-16

• FAR 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts Oct-16

• FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug-21

• FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Jun-16

• FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed by Kaspersky Lab and Other Covered Entities Jul-18

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Oct-20

• FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Equipment Aug-20

• FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov-15

• FAR 52.212-4 Contract Terms and Conditions--Commercial Items Oct-18

• FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items JUN-23

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023)( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

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

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

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

1792).

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

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

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

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

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

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

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

• FAR 52.222-03 Convict Labor Jun-03

• FAR 52.222-19 Child Labor--Cooperation With Authorities and Remedies Jan-20

• FAR 52.222-21 Prohibition of Segregated Facilities Apr-15

• FAR 52.222-26 Equal Opportunity Sep-16

• FAR 52.222-26 Alt I Equal Opportunity Alt I Feb-99

• FAR 52.222-35 Equal Opportunity for Veterans Jun-20

• FAR 52.222-35 Alt I Equal Opportunity for Veterans Jul-14

• FAR 52.222-37 Employment Reports on Veterans Jun-20

• FAR 52.222-50 Combating Trafficking in Persons Oct-20

• FAR 52.222-54 Employment Eligibility Verification Oct-15

• FAR 52.223-18 Encouraging Contractor Policies to Ban Text-Messaging While Driving Jun-20

• FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management Oct-18

• FAR 52.232-18 Availability of Funds Apr-84

• FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec-13

• DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep-11

• DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Dec-19

• DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors May-16

• DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors May-16

• DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services Jan-21

• DFARS 252.223-7008 Prohibition of Hexavalent Chromium Jun-13

• DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec-18

• DFARS 252.232-7006 Wide Area Workflow Payment Instructions Dec-18

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC**

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

• DFARS 252.232-7010 Levies on Contract Payments Dec-06

• DFARS 252.244-7000 Subcontracts for Commercial Items Jan-21

• AFFARS 5352.201-9101 Ombudsman Oct-19

OMBUDSMAN (OCT 2019)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, (Primary)

Air Force Test Center Vice Commander

1 South Rosamond Blvd

Edwards AFB, CA 93424-3784

Phone Number (661) 277-2810

Facsimile Number (661) 277-7593

Email: aftc.workflow@us.af.mil.

(Alternate)

Deputy Director, AFTC/PK

5 South Wolfe Ave

Bldg 2800

Edwards AFB CA 93524

COMM: (661) 277-2006

FAX: (661) 275-7805

Email: AFTC.PKWorkflow@us.af.mil

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060

Phone number (571) 256-2395

Facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

Other Anticipated Provisions:

• FAR 52.209-07 Information Regarding Responsibility Matters Oct-18 nformation Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or…