Fiber COMBO Amendment 1.pdf

Combined Synopsis/Solicitation

Department of the Air Force 82d Contracting Squadron - Sheppard AFB, TX

Requirement Title:

Solicitation Number:

Solicitation Issue Date:

Response Deadline:

Commercial WIFI (Fiber Services)

FA302021Q0024

July 28, 2021

August 10, 2021 no later than 1000 HRS (10:00 AM Central)

Point(s) of Contact: Jacob Hutto / jacob.hutto@us.af.mil / 940-676-0940

Alternate POC: N/A

Contracting Officer: Steven Taylor / steven.taylor.63@us.af.mil / 940-676-1605

General Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request For Quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2021-06 Effective 7-12-2021 Defense Federal Acquisition Regulation Public Notice Change 07/09/2021 Effective 07-09-21 Air Force Federal Acquisition Circular 2019-1001 Last Update 07/15/21

4. This acquisition is set aside 100% for Small Business Concerns

The North American Industry Size Classification System (NAICS) code associated with this requirement is 517311

The Small Business Size Standard associated with this NAICS is 1,500 Employees

Requirement Information Description:

Sheppard AFB has growing need for commercial wireless Internet service with a larger bandwidth to facilitate adequate connection speeds for a classroom settings and innovation initiatives. Multiple squadrons across the base are looking to increase their bandwidth or fund commercial wi-fi projects until such time as other HQ-backed projects become viable, if that happens. To reduce the administrative burden and better manage the amount of Government infrastructure this project will require, a single-award Blanket Purchase Agreement will be established.

Place of Performance:

Sheppard AFB, TX 76311 (exact customer address will be provided in the resulting contract).

Line Item Description Quantity Unit of Measure Unit Price Item Total

N/A Submit Pricing on Price Exhibit Attachment

82d Contracting Squadron - Sheppard AFB, TX

Instructions to Offerors

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

1. Questions may be submitted to the POCs and Contracting Officer listed above no later than 02 AUG 2021. Questions submitted after this date may not be answered.

2. Quotes in response to this solicitation must be submitted via email to the POCs and Contracting Officer listed above no later than the established deadline.

3. Quotes must be valid for 90 days.

4. All price quotations must be submitted via the above table. Separate quotes on company letterhead can be provided for supplemental information, but all technical submissions must be submitted on a separate document.

5. Complete the below contractor identification information.

Company Name: Point of Contact (E-mail):

CAGE Code: Telephone Number:

Address: SAM Registered? Y/N Small Business? Y/N: Lead Time / Period of Performance:

Socioeconomic Status: Discount Terms:

Printed Name:

Signature/Date:

Evaluation Criteria

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

(a) The Government will award a BPA resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation represents the best value to the Government, price and other factors considered. The following factors shall be used to evaluate quotes, in no particular order of importance:

- TECHNICAL CAPABILITY TO MEET THE GOVERNMENT'S REQUIREMENT

Since this requirement will be utilizing the Government's fiber infrastructure/network, Contractor shall acknowledge their ability and willingness to install switches at the 9 Information Transfer Nodes (ITNs), in order to more easily serve as origination points for new customer connections while requiring less Government fiber usage. A map of the ITNs will be provided at award. The vendor may install all switches after award or as needed to provide access to new requirements, but in either scenario the ITN switches installation and management will be done at the vendors' expense. At the end of the BPA term or individual call utilizing that circuit, the vendor shall remove ITN switches.

- PRICE

See pricing exhibit. List all available bandwidth speed tiers (in terms of Mbps or Gbps, as applicable) in monthly prices. Orders should be for 1 year periods. List on pricing exhibit if there are any price changes or charges. for orders of less than 1 year. NOTE: Bandwidth tiers listed on exhibit attached to combo are examples to provide guidance regarding requested format.

Additionally, in order to evaluate the vendor's capability to provide a fair and reasonable installation price as each BPA call will be a unique installation situation, we have provided 2 notional/hypothetical buildings similar to the requirements we will have at Sheppard AFB. Please provide the installation price and the rationale for how this calculation was reached.

NOTE: Notional building pricing will be used for evaluation purposes only to ensure that vendors are providing fair & reasonable pricing for installation. After award, pricing for installation will be requested and negotiated at the call level depending on size, complexity, and usage needs for the area and customer.

- PAST PERFORMANCE

82d Contracting Squadron - Sheppard AFB, TX

Clauses and Provisions

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition.

The offeror verifies by submission of their offer that the representation and certifications currently posted electronically in the System for Award Management have been entered or updated in the last 12 months and are current, accurate, complete, and applicable to this solicitation.

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. All provisions and clauses are available at http://www.acquisition.gov.

The following provisions and clauses are hereby included by full text or by reference as prescribed:

Addendum to 52.212-4(c), Changes:

Changes in the terms and conditions of this contract may be made only by written agreement of the parties, except for the following actions:

1. Exercising of Options pursuant to FAR 52.217-8 and FAR 52.217-9, and incorporation of wage determinations in accordance with the Service Contract Act or the Davis Bacon Act.

2. Administrative changes such as the paying office, accounting classifications, in accordance with FAR 43.103(b).

3. Modifications to obligate or de-obligate funds for not to exceed CLINS.

4. Modifications to obligate funds at the beginning of each fiscal year and incremental funding.

Attachments

Attachment 1 - Price Exhibit Attachment 2 - Call Log Template

FA302021Q0024

Deliveries or Performance

Contractor Destination

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause-Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card. 2018-05

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

(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.

(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 item financing, submit a commercial item financing request.

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

(f) [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 ____ F87700 Issue By DoDAAC ____ FA3020 Admin DoDAAC ____ FA3020 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.")

(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.

marion.hammonds@us.af.mil

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

1. DESCRIPTION OF AGREEMENT: This Blanket Purchase Agreement (BPA) is to provide as needed Commercial Wi-fi Internet for Sheppard AFB TX. Period of agreement will be for five years as authorized by the contracting officer or his/her authorized representative. The BPA Awardee's quote and all revisions in response to RFQ FA3020-21-Q-0024 are hereby incorporated into this BPA agreement.

2. DURATION OF AGREEMENT: The agreement will be in effect for no longer than five (5) years from the date of award. The anticipated spending under this program will not exceed $9 million. Delivery against Calls may extend beyond the effective period of this BPA, however, no new Calls may be issued once the five (5) year period has expired. The BPA Contracting Officer shall perform annual reviews of the BPA in accordance with FAR 13.303-6.

3. EXTENT OF OBLIGATION: The government is obligated only to the extent of authorized calls actually placed under the BPA.

4. PRICE LIST: The contractor shall furnish a price list for commercial wi-fi (to include Internet access, access points, installation, and management). It is understood that prices for installation are unique to each building space and the amount of hardware required to provide adequate signal coverage.

5. REVISION OF PRICES: The BPA Awardee may submit an updated price list to the BPA Contracting Officer on an annual basis. This list may include price adjustments. The updated price list must be accepted by the Contracting Officer and incorporated via modification in order to be in effect.

6. PRICING: Prices to the government shall be as low as, or lower than those charged to the supplier's most favored customers, in addition to any discount for prompt payment.

7. PURCHASE LIMITATIONS: No individual call under this agreement shall exceed limits outlined in FAR 13.5, IAW AFFARS 5315.303-5(b)(2). Vendors are not obligated to honor any individual call greater than the SAT.

8. NOTICE OF INDIVIDUALS AUTHORIZED TO PLACE CALLS: The only individuals authorized to place calls against this BPA are warranted Contracting

Officers and individual GPC holders up to their purchase limitations located at Sheppard AFB.

9. DELIVERY TICKETS:

a. All shipments under this agreement shall be Free On Board (FOB) Destination and accompanied by delivery tickets that shall contain the following minimum information:

i. Name of Contractor

ii. Blanket Purchase Agreement Number

iii. Date of Call

iv. Call Number

v. Name of person placing the call

vi. Receiving Office/Unit vii.Itemized List of Items Furnished

b. All delivery tickets shall show the following certification statement or a reasonable facsimile: "I certify that products/services have been received and accepted."

10. INVOICES: The BPA Awardee shall submit an invoice for each Call placed through Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (December 2018) unless the Call is placed using the GPC.

11. CONTRACTOR REPORTING: The BPA Awardee shall submit a Call Log, on a quarterly basis, by the 15th day after the end of the quarter for all ordering periods. For BPAs awarded 1 September, call logs would be due on December 15, March 15, June 15, and September 15. The BPA Awardee shall utilize the Call Log Template (Attachment 2) for this requirement.

12. WARRANTIES: BPA Awardee shall warrant the products against defects of material and workmanship under normal use and service for a minimum of the warranty period listed on their respective price list starting from the date of delivery. Please note that the BPA Awardee will ultimately be responsible for ensuring that warranty work is successfully completed for any items purchased under this BPA.

13. HOLD HARMLESS AND IDEMNIFICATION AGREEMENT: The contractor shall save and hold harmless and indemnify the government against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any incident to or rising out of the occupancy, use service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omission of contractor, any subcontractor, or any employee, agent, or representative of contractor or subcontractor. For the purposes of this Blanket Purchase Agreement (BPA), the BPA Awardee is defined as the contractor who legally holds the BPA.

14. CONTRACT CLAUSES: This document incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause(s) may be accessed electronically at this address: http://www.acquisition.gov/

15. CANCELLATION OF BPA: The Government may cancel the BPA at any time by notifying (by email or written notice) the BPA Awardee(s) at least 30 days in advance. BPA cancellation does not release the BPA Awardee(s) from the duty to continue awarded Call performance. Ongoing orders will continue in accordance with their own period of performance, even if the BPA is cancelled. Termination procedures for Calls are addressed in accordance with FAR 52.212-4.

16. PERFORMANCE STANDARDS: CPARS will be used to track performance for the duration of the BPA. The Government expects the following performance standards to be met throughout the term of the BPA:

a. BPA Awardee shall submit complete, accurate, and timely data reports in accordance with the quarterly reporting requirements of the BPA.

b. BPA Awardee shall provide high quality customer service and quickly respond to outage/trouble tickets.

17. CALL ORDERING STANDARDS: Call Ordering Provisions: The following ordering procedures apply to all Calls issued under this BPA. Any Supplies to be furnished under this BPA will be ordered by issuance of Call (written and/or electronically). In addition:

a. All costs associated with marketing, quotation preparation, presentation, submission and negotiation in response to any Call shall be at the BPA Awardee's expense and will not be allowable as a direct charge. Post award Call administration shall not be a direct charge to the Call.

b. GPC - The Governmentwide Commercial Purchase Card (GPC) may be used by contracting officers and other designated individuals to make purchases at or below the Micro-Purchase Threshold. Authorized callers may utilize the GPC to place calls directly with vendors against this BPA.

c. Form 9 - Purchases exceeding the Micro-Purchase Threshold shall be completed through the contracting office. Authorized callers may place calls directly with vendors. Contracting shall submit a Request for Quote (RFQ) to the BPA holder in order to get installation pricing. Awards will be issued on a Standard Form 1449.

18. TECHNICAL REQUIREMENTS: The BPA holder shall be responsible for the following technical aspects of performance related to this agreement.

a. All aspect of the contractor's network should be managed and monitored to be notified when system is inoperable or service is degraded.

b. Since networks will be used for technical training, the vendor shall respond to trouble tickets related to outages/degradations as fast as reasonably possible, including after-hours and weekends.

c. The contractor will need to verify that any reported issue is not contractor equipment related prior to contacting the base communications squadron.

Communications squadron will only troubleshoot fiber connectivity between demarcation points/facilities.

d. BPA Holder will be required to process AF332 work clearance request and follow all Civil Engineering requirement regarding environmental conditions

(i.e. asbestos, lead, utilities) any time they will be making modifications to buildings or grounds. BPA Holder will be required to abide by the work clearance requests/332s and follow CE safety and environmental requirements during installation. Note: Customers establishing new service will process their own 332s, but the BPA Holder may be required to provide assistance as part of the RFQ process depending on the proposed locations of wireless APs and other equipment.

e. The vendor shall install and maintain fiber switches at each of the 9 base Information Transfer Nodes (ITNs). Install will be coordinated with 82 CS to ensure correct placement as well as ease of access for after-hours calls. Vendor may install all switches after award or as needed to provide access to new requirements, but in either scenario the ITN switches, installation, and management will be done at the vendors' expense. At the end of the BPA term or final call utilizing that circuit, the vendor shall remove ITN switches.

19. POINT OF CONTACT: The Contracting Officers (COs) listed below are the primary and alternate points of contact for this BPA. Email is the preferred method of communication. Address all questions or concerns to the CS and CO.

a. Primary: Steven B. Taylor, 82 CONS/PKAA Alternate: A1C Jacob A. Hutto, 82 CONS/PKAA 206 J Ave Bldg 1662 206 J Ave Bldg 1662 Sheppard AFB, TX 76311 Sheppard AFB, TX 76311 Phone 940-676-1605 Phone (940) 676-0940 Email: steven.taylor.63@us.af.mil Email: jacob.hutto@us.af.mil FA302021Q0024

Special Contract Requirements

TERMS AND CONDITIONS

Contract Clauses FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7003 Agency Office of the Inspector General. 2019-08 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 2021-01

252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. 2020-10 252.225-7974 Deviation 2020- O0005

Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 2020-02

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2019-04

252.232-7010 Levies on Contract Payments. 2006-12

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration. 2020-04

252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. 2010-10 252.246-7008 Sources of Electronic Parts. 2018-05

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-

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

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

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

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

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

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

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

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

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

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.

2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.

(Jun 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). X [ ] (10) [Reserved].

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-4.

[ ] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). (DEVIATION 2020-O0008) X

[ ] (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 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) 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.

[X] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)). (DEVIATION 2020-O0008)

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). X

[ ] (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 (Mar 2020) (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 (Mar2020) (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)).

[X] (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (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 (Jan2020) (E.O.13126). (DEVIATION 2020-O0019) X [X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X [X] (30)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). X

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

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

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

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

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

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

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

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

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

[ ] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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.

[ ] (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). X

[ ] (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) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (Jan 2021) of 52.225-3.

[ ] (iii) Alternate II (Jan 2021) of 52.225-3.

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

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). X

[ ] (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. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (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 (Jun 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (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).

[X] (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (Feb 2006) 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 items:

[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

[ ] (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 Under Executive Order 13658 (Nov 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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.

i. 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.

ii. 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.

iii. 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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

v. 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

vii.52.222-26, Equal Opportunity (Sep 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 (Oct 2020) (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 (May2014) (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 (Oct 2015) (E.O. 12989).

xvii. 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

xviii. 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.219-14 Limitations on Subcontracting. 2020-11 As prescribed in , insert the following clause:19.507(e)

LIMITATIONS ON SUBCONTRACTING (MAR 2020)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

. This clause applies only to-(b) Applicability

Contracts that have been set aside for small business concerns or 8(a) participants;(1)

Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;(2)

Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(3) (i)(F); and

Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).(4)

By submission of an offer and execution of a contract, the Contractor agrees that in performance of the(c) Limitations on subcontracting.

contract in the case of a contract for-

. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for(1) Services (except construction) employees of the concern.

. The concern shall perform work for at least 50 percent of(2) Supplies (other than procurement from a nonmanufacturer of such supplies) the cost of manufacturing the supplies, not including the cost of materials.

. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its(3) General construction own employees.

. The concern will perform at least 25 percent of the cost of the contract, not including the cost(4) Construction by special trade contractors of materials, with its own employees.

The Contractor shall comply with the limitations on subcontracting as follows:(d)

For contracts, in accordance with paragraph (b)(1) and (2) of this clause-(1)

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