FA251723Q0043 - Mortuary BPA Combo.pdf

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (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.

All communications with the requiring activity concerning this solicitation shall cease until the award is announced. During this period, interaction is only allowed with the Contracting Officer.

Questions related to this solicitation shall be sent via email to tiana.glenn@spaceforce.mil and eric.wienke@spaceforce.mil no later than 14 Apr 2023 at 1:00 PM Mountain Time.

Questions will not be accepted after this time frame.

Quote Submission: Quotes are due NLT 19 Apr 2023, 1:00 P.M. Mountain Time: All quotes must be submitted to the Contracting Officer and Contract Specialist, please submit all requested documentation in your submitted quote. Please see email addresses in the table below.

Points of Contact Information:

The solicitation document, and incorporated provisions and clauses, are those in effect through Federal Acquisition Circular 2023-02 dated 16 March 2023, Defense Federal Acquisition Regulation Supplement dated 22 Mar 2023, and the Air Force Acquisition Regulation Supplement dated 1 Mar 2023.

This effort is being solicited under NAICS 812210 – Funeral Homes and Funeral Services. The size standard is $12.5M. This solicitation is reserved for small businesses under a 100% small business set-aside.

The Government intends to establish a Blanket Purchase Agreement (BPA) as a result of this solicitation. The BPA shall have up to a five (5) year period of performance (POP) with a minimum order value of $1.00 up to the established ceiling of $249,999.99.

NOTE: The ceiling can be increased/decreased at any time by the CO via a bilateral modification to meet current/future needs. Such instances can include COVID-19, national disasters, and/or any instance/reason the Government determines the need for increased/decreased mortuary services are needed.

Contractors who want to be considered for a BPA with shall submit a response to this solicitation conforming to the format listed under provision 52.212-1, Instructions to Offerors – Commercial Items (March 2023) below.

FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (March 2023) applies to this acquisition and the following addendum applies:

Contracting Officer Alternate Point of Contact TSgt Eric Wienke Tiana Glenn

(719) 556-5386 (719) 556-2195 eric.wienke@spaceforce.mil tiana.glenn@spaceforce.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126 mailto:eric.wienke@spaceforce.mil mailto:tiana.glenn@spaceforce.mil

The following words stating “offer”, “offeror”, and “proposal” are replaced with “response”, “quoter”, and “quote”.

Paragraph (a) first sentence revised as follows: “The NAICS code and small business size standard for this acquisition appear above.”

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its price list firm for 30 calendar days from the date specified for receipt of responses, unless another time period is specified in an addendum to the response.”

Please provide the following information with your response:

1. Contractors Name (Doing Business as (DBA) Name).

2. Physical Address.

3. Point of Contact to include name, phone number, and email address.

4. Verification of SAM Registration and/or DUNs/ Cage Numbers.

5. Small Business Identification and Size.

6. Completed Attachment 2 – Itemized Price List.

7. Completed Attachment 3 – Technical Information

Submit no more than 30 pages in response to this request. After 30 pages, the Contracting Officer will not evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

The vendor’s response shall consist of two (2) separate parts:

Part I – Price Quote Part II - Technical Information

Format and Specific Instructions.

PART I – PRICE QUOTE

The quoter shall submit a fully completed Attachment 2 – Price List which specifies pricing for each of the identified services and commodity end products. The Price List must include unit pricing for all specified lines. If there is no cost associated to a certain line, make sure to specify

– do not leave blank. This document will be incorporated into the contract and unit prices quoted will be contractually binding. The quantities are estimate based on quantities from historical data.

PART II – TECHNICAL DOCUMENTATION

Quoter shall submit technical information on Attachment 3 - Technical Information. Fill in the form in its entirety. All questions must be addressed and include a minimum of three references.

A point of contact must be provided so the Government can verify the information provided.

Previous services performed under past or current Government contracts/agreements or services to military members is preferred, but not mandatory. It is highly recommended for any references listed to be aware of the probability of being contacted to verify historical information, especially in the case of the reference being a family member where services were rendered to the general public.

(End of Addendum)

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021):

a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Part I - Price Part II - Technical Documentation

Award will be made based on the competitive response with the lowest total evaluated price (TEP) which meets the technical documentation evaluation criteria on an acceptable/unacceptable basis. If any technical documentation items are determined to be unacceptable, that response will not be evaluated further and will not be eligible for award.

b. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may 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.

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Products and Commercial Services (Nov 2021).

1. Evaluation:

By submission of its response, the vendor agrees to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to adhere to all solicitation requirements may result in a vendor response being determined unacceptable and ineligible for further evaluation. The evaluation process follows:

Step I – Price Evaluation

Initially, the Government will place all responses that meet the requirements of the solicitation in order by price, beginning with the lowest total evaluated price (TEP). The TEP will be calculated by applying a quantity of one (1) to all items submitted by the vendor in their submitted Attachment 2 – Price List. This will accomplished for evaluation purposes only.

The Government will then evaluate the lowest total evaluated priced offer. The Government may determine that a quote is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Step II – Technical Evaluation

Next, the lowest total evaluated priced vendor response will be evaluated on an Acceptable/Unacceptable basis for the Technical Factor. In order for the lowest total evaluated priced vendor response to receive a rating of “Acceptable”, they shall demonstrate prior experience and adequate resources to provide mortuary services as outlined in Attachment 1 – Performance Work Statement, and pass a pre-award site inspection of both the funeral home and crematorium. If the lowest total evaluated priced offeror does not demonstrate prior experience, nor adequate resources, it will receive an “Unacceptable” rating and evaluation of that response will stop. The references provided will not be contacted and the evaluation will begin again on the next lowest total evaluated priced vendor response.

The vendor responses submitted on Attachment 2 – Technical Information will be evaluated.

There are a total of five (5) questions in this section. In order to be determined “Acceptable”, all responses must be a “Yes”. Any single negative response, or combination of positive and negative responses, will result in the vendor receiving an “Unacceptable” rating.

In order for the Government to evaluate if the vendor demonstrated prior experience, Attachment 2 - Technical Information must be verified with the point of contact by the evaluation team, via phone or email. The Government will use the vendor’s provided point of contact, phone or email to verify the prior services were performed by the named vendor and to verify the provided services are comparable to those under this requirement. If the point of contact cannot be reached through reasonable attempt, that reference will not be considered as part of the evaluation. A minimum of two (2) of the three (3) references must have been contacted and determined to be comparable to this requirement in order to be determined “Acceptable”.

If the vendor receives an “Acceptable” rating for BOTH sections of Attachment 2 – Technical Information (Technical Questions and References), the evaluation will move to Attachments 5 and 6. If either section in Attachment 5 or 6 receives an “Unacceptable” rating, the evaluation will stop for that vendor and the evaluation will begin with the next lowest total evaluated priced vendor response.

Prior to the inspections, the quoter will be notified to schedule the inspections. The inspection team may consist of Air Force Mortuary Affairs Office staffing, the Contracting Officer, and other technical experts. At a minimum, the team will consist of one Mortuary Affairs Staff

Member and the Contracting Officer. The vendor must make a deliberate effort to have the inspections completed within five (5) business days of being notified. Special consideration will be applied in the event of facilities not being available within this window due to business tempo.

The facilities inspections will follow the parameters identified on Attachment 5 – Funeral Home Inspection Checklist and Attachment 6 – Crematorium Inspection Checklist. To be determined “Acceptable” all inspection criteria (on both checklists) must receive a positive “YES” finding.

Any single negative finding, or combination of positive and negative findings, will result in the vendor receiving an “Unacceptable” rating. If either inspection receives an “Unacceptable” rating, the evaluation will stop for that vendor and the evaluation will begin with the next lowest total evaluated priced vendor response.

The combined technical factors will receive one of the following ratings listed below.

Rating Description

Acceptable

The vendor demonstrates prior experience and adequate resources to provide mortuary services as outlined in Attachment 1 – Performance Work Statement and completed a pre-award site inspection of both the funeral home and crematorium with zero negative findings.

Unacceptable

The vendor does not demonstrates prior experience and adequate resources to provide mortuary services as outlined in Attachment 1 – Performance Work Statement and/or completed a pre-award site inspection of both the funeral home and crematorium with one (1) or more negative findings.

2. Basis of Award:

Prior to award, the Contracting Officer will review information within the selected awardees System for Award Management (SAM) profile to help determine the vendor’s responsibility per FAR 9.104-1. If the lowest total evaluated priced, technically acceptable vendor response can be determined responsible, that response represents the most advantageous offer to the Government, evaluation of that response is complete, award will be made to that vendor, and the evaluation process will stop. If the lowest total evaluated priced, technically acceptable vendor response cannot be determined responsible, evaluation of that response will stop. In that instance, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated with a responsibility determination, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award an agreement without the opportunity for a response revision. The Government intends to award an agreement without discussions (while keeping with FAR Part 12 and 13). The Government, however, reserves the right to conduct discussions if deemed in its best interest.

In the case that a discrepancy exists between the addendum to FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services and the addendum to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services, the evaluation criteria in the addendum to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services will take precedence.

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

FA251723Q0043

Deliveries or Performance

Contractor Destination

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

N/A

(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.

2 in 1 invoice

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 TBD on applicable calls

Issue By DoDAAC FA2517

Admin DoDAAC FA2517

Inspect By DoDAAC TBD on applicable calls

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) TBD on applicable calls

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

TBD on applicable calls

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Special Contract Requirements

BPA TERMS AND CONDITIONS

(1) Description of Agreement. The supplier shall furnish the supplies or services described in paragraph 1(i) below if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer) during the effective period: 1 May 2023 through 30 April 2028.

$25,000 for an authorized caller per call and $249,999.99 for a Contracting Officer per call.

The maximum ceiling for the duration of the BPA is$249,999.99.

Request for supplies or services will be made orally up to $25,000.00.

(Government Purchase Card) and in writing for calls over$25,000.00 and up to $249,999.99 (issuance of a DD Form 1155).

(i). Supplies or services to be furnished: The contractor shall provide all personnel, equipment and tools, supervision and other items necessary to perform the mortuary services described below.

(ii). Price Lists: As a minimum, price lists shall contain an effective date and an expiration date, a description of the supplies or services to be furnished, the unit price, and any discounts (excluding prompt payment discounts), minimum order amount, and minimum order quantity. Delivery must be FOB: Destination.

If an effective date is not reflected on the price list furnished by the service provider, the effective date shall be the date the Contracting Officer approves the price list. If an expiration date is not reflected on the price list furnished by the service provider, the price list shall remain effective after approval by the Contracting Officer until a new price list approved by the Contracting Officer. In no case shall a price list be effective until it is approved by the Contracting Officer. If the price list furnished by the service provider does not reflect a minimum order quantity or minimum order amount, the service provider agrees to furnish items called for by authorized personnel in the quantity called for at the approved unit prices reflected on the price list. The supplier shall only accept calls for items contained on the current price list that has been approved by the Contracting Officer.

The Government will not be liable for payment of any item, service, etc. invoiced by the vendor that does not appear on the current approved pricelist.

Nor shall the contractor charge prices higher than those on the current approved price list. Additionally, the Government will not agree to pay any fee that is greater than those fees charged to the general public. The contractor shall warrant the prices offered to the Government shall be as low as or lower than those charged to the contractor's most favored customer, for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment. The contractors agree to make "special offers" available to the Government on the same basis as they may make to their most favored customers.

(2) Extent of Obligation. The Government is obligated only to the extent of authorized purchases actually made under this Blanket Purchase Agreement.

(3) Purchase Limitation. Each individual purchase made under this Blanket Purchase Agreement shall not exceed the single call limit of$25,000.00 for an authorized caller, or $250,000.00 for a Contracting Officer, or as specified in the letter designating personnel authorized to place calls against the Blanket Purchase Agreement without the express verbal or written authorization of the Contracting Officer. (4) Individuals Authorized to Purchase under this Blanket Purchase Agreement. If in addition to the Contracting Officer, other individuals are authorized to place calls against this Blanket Purchase Agreement, the Contracting Officer will provide the service provider with a list of these individuals. The list will identify either the title or position, the individual's name, organization, telephone number, and the monetary limit for each call to be placed.

(5) Delivery Tickets. Delivery tickets or sale slips shall accompany all supplies or services furnished under this Blanket Purchase Agreement and shall contain the following minimum information:

(i) Name of Service Provider.

(ii) Blanket Purchase Agreement Number.

(iii) Date of Purchase.

(iv) Purchase Number.

(v) Itemized list of Supplies or Services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of performance or service.

(6) Cancellation of the Blanket Purchase Agreement. Either party may cancel this Blanket Purchase Agreement, or any part hereof, for its sole convenience, upon thirty (30) days prior written notification.

(7) Invoicing and payment(s) shall be made in accordance with Air Force Instruction 64-117, Air Force Government Purchase Card Program for calls made with the Government Purchase Card (GPC). The Contractor agrees to accept a GPC as a means of payment for calls up to $25,000.00. Invoicing for calls issued in writing (over $25,000.00 and up to $250,000.00) shall be completed per the Wide Area Workflow instructions listed in this agreement. An itemized invoice shall be submitted at least monthly or upon expiration of their BPA, whichever occurs first, for all services made during a billing period and for which payment has not been received. These invoices need not be supported by copies of delivery tickets.

Contract Clauses

ADDENDUM TO FAR 52.212-4(c) CHANGES

Text in paragraph (c) is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103 (b).

(End of Addendum)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. Apr 1984 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. (Alternate I) Nov 2021 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022 52.222-1 Notice to the Government of Labor Disputes. Feb 1997

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Aug 2018

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.237-7011 Preparation History. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Dec 2022

As prescribed in , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) 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)).

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

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

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) 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

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

S.C. 4655).

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. [ ] (3) (JUN 2010)

L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S. [X] (4) (JUN 2020)

C. 6101 note).

[Reserved]. [ ] (5)

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

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of [ ] (7) (OCT 2016)

Div. C).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for [X] (8)

Debarment. (31 U.S.C. 6101 note).(NOV 2021)

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

[Reserved]. [ ] (10)

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

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

[Reserved] [ ] (13)

[X] (14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6. [ ] (ii) (MAR 2020)

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

Alternate I of 52.219-7. [ ] (ii) (MAR 2020)

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

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

Alternate I of 52.219-9. [ ] (ii) (NOV 2016)

Alternate II of 52.219-9. [ ] (iii) (NOV 2016)

Alternate III of 52.219-9. [ ] (iv) (JUN 2020)

Alternate IV of 52.219-9. [ ] (v) (SEP 2021)

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

Alternate I of 52.219-13. [ ] (ii) (MAR 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s). [ ] (19) OCT 2022

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

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

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).(i) OCT 2022

Alternate I of 52.219-28. [ ] (ii) (MAR 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns [ ] (23)

( ) (15 U.S.C. 637(m)).OCT 2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- [ ] (24)

Owned Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022

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

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)). [ ] (26) (SEP 2021)

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

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

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

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

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

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

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

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

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

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

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

[X] (35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)

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

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

[ ] (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(i)

(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

Alternate I of 52.223-13. [ ] (ii) (OCT 2015)

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

Alternate I (Jun2014) of 52.223-14. [ ] (ii)

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

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

Alternate I of 52.223-16. [ ] (ii) (JUN 2014)

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

52.223-20, Aerosols (E.O. 13693). [ ] (45) (JUN 2016)

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

[ ] (47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

Alternate I of 52.224-3. [ ] (ii) (JAN 2017)

[ ] (48) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)

Alternate I of 52.225-1. [ ] (ii) (OCT 2022)

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.(DEC 2022)

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].

Alternate II of 52.225-3. [ ] (iii) ( 2022)DEC

Alternate III of 52.225-3. [ ] (iv) ( 2021)JAN

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

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

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of [X] (51) (FEB 2021)

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the [ ] (52)

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

52.229-12, Tax on Certain Foreign Procurements . [ ] (55) (FEB 2021)

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

S.C. 3805).

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

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332). [X] (58) (OCT2018)

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

52.232-36, Payment by Third Party (31 U.S.C. 3332). [X] (60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). [ ] (61) (AUG 1996)

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

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) 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.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67). [X] (1) (AUG 2018)

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

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) [ ] (3)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).(AUG 2018)

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

C. chapter 67).

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

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements [ ] (6)

(41 U.S.C. chapter 67).(MAY 2014)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 . [X] (7) (JAN 2022)

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

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

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record 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.

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

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) 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-

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) 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)).

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

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

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) OCT 2022 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.

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

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

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

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

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

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

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

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

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (NOV 2021) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 USSF 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, for USSF (United States Space Force) acquisitions (excluding SMC acquisitions) please contact the Director of Contracts, Air Force Installation Contracting Center, Operating Location - Space (AFICC/KS OL-SPC) via the following e-mail workflow address: afica.ks.wf@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.(End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Oct 2019

(a) Contractors shall not:(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.[Note: This prohibition does not apply to manufacturing.](b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:(1) Halons: 1011, 1202, 1211, 1301, and 2402;(2) Chlorofluorocarbons (CFCs):

CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.](End of clause)

Representations, Certification, & Other Statements

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022

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

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

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

As prescribed in , insert the following…