FA460020Q0023-Combo RFQ-Specialized Cleaning Services.pdf

COMBINED SYNOPSIS/SOLICITATION

FA4600-20-Q-0023

Specialized Cleaning Services (Window Washing)

Offutt AFB, NE

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

The Request for Quotation (RFQ) number FA4600-20-Q-0023, Specialized Cleaning Services shall be used to reference any written quote provided under this RFQ.

The RFQ document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07; Effective 3 August 2020.

This solicitation has been set aside 100% for Small Business under NAICS Code 561720, with a small business size standard of $19.5M. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov . Lack of SAM registration will make an offeror ineligible for award. The Unit Small Business Specialist is Mr. Larry Mercier 402-294-5426; link to USAF Small Business, http://www.airforcesmallbiz.af.mil; link to SBA, http://sba.gov.

The purpose of this combined synopsis and solicitation is for the purchase of a Specialized Cleaning Services Agreement for USSTRATCOM and 557 WW at Offutt AFB. The government request quotes for following:

NOTE: Please provide the price per service for each item listed in the pricing schedule “Attachment 2- Specialized Cleaning Services Pricing Schedule.”

I.e. Provide the price it would cost to clean the USSTRATCOM East Atrium- Exterior, one time.

The price per service will be multiplied by the estimated quantity to determine the total price for each Service Area.

All Service Area prices will be added to determine the total price for each of the CLINs below.

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

EXTENDED

PRICE

USSTRATCOM Specialized Cleaning Services Provide specialized cleaning services for USSTRATCOM Command and Control Facility (C2F) at Offutt AFB in accordance with the Performance Work Statement- Volume I and the attached Pricing Schedule-Volume I.

Period of Performance: 25 Sep 2020 – 24 Sep 2021 Firm Fixed Price

40 Lots *SEE PRICING SCHEDULE

557 WW Specialized Cleaning Services Provide specialized cleaning services for 557th Weather Wing (WW) Facility at Offutt AFB in accordance with the Performance Work Statement-Volume II and the attached Pricing Schedule-Volume II.

Period of Performance: 25 Sep 2020 – 24 Sep 2021 Firm Fixed Price

14 Lots *SEE PRICING SCHEDULE

OPTION

USSTRATCOM Specialized Cleaning Services Provide specialized cleaning services for USSTRATCOM Command and Control Facility (C2F) at Offutt AFB in accordance with the Performance Work Statement- Volume I and the attached Pricing Schedule-Volume I.

Period of Performance: 25 Sep 2021 – 24 Sep 2022 Firm Fixed Price

40 Lots *SEE PRICING SCHEDULE http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126

OPTION

557 WW Specialized Cleaning Services Provide specialized cleaning services for 557th Weather Wing (WW) Facility at Offutt AFB in accordance with the Performance Work Statement-Volume II and the attached Pricing Schedule-Volume II.

Period of Performance: 25 Sep 2021 – 24 Sep 2022 Firm Fixed Price

14 Lots *SEE PRICING SCHEDULE

OPTION

USSTRATCOM Specialized Cleaning Services Provide specialized cleaning services for USSTRATCOM Command and Control Facility (C2F) at Offutt AFB in accordance with the Performance Work Statement- Volume I and the attached Pricing Schedule-Volume I.

Period of Performance: 25 Sep 2022 – 24 Sep 2023 Firm Fixed Price

40 Lots *SEE PRICING SCHEDULE

OPTION

557 WW Specialized Cleaning Services Provide specialized cleaning services for 557th Weather Wing (WW) Facility at Offutt AFB in accordance with the Performance Work Statement-Volume II and the attached Pricing Schedule-Volume II.

Period of Performance: 25 Sep 2022 – 24 Sep 2023 Firm Fixed Price

14 Lots *SEE PRICING SCHEDULE

OPTION

USSTRATCOM Specialized Cleaning Services Provide specialized cleaning services for USSTRATCOM Command and Control Facility (C2F) at Offutt AFB in accordance with the Performance Work Statement- Volume I and the attached Pricing Schedule-Volume I.

Period of Performance: 25 Sep 2023 – 24 Sep 2024 Firm Fixed Price

40 Lots *SEE PRICING SCHEDULE

OPTION

557 WW Specialized Cleaning Services Provide specialized cleaning services for 557th Weather Wing (WW) Facility at Offutt AFB in accordance with the Performance Work Statement-Volume II and the attached Pricing Schedule-Volume II.

Period of Performance: 25 Sep 2023 – 24 Sep 2024 Firm Fixed Price

14 Lots *SEE PRICING SCHEDULE

OPTION

USSTRATCOM Specialized Cleaning Services Provide specialized cleaning services for USSTRATCOM Command and Control Facility (C2F) at Offutt AFB in accordance with the Performance Work Statement- Volume I and the attached Pricing Schedule-Volume I.

Period of Performance: 25 Sep 2024 – 24 Sep 2025 Firm Fixed Price

40 Lots *SEE PRICING SCHEDULE

OPTION

557 WW Specialized Cleaning Services Provide specialized cleaning services for 557th Weather Wing (WW) Facility at Offutt AFB in accordance with the Performance Work Statement-Volume II and the attached Pricing Schedule-Volume II.

Period of Performance: 25 Sep 2024 – 24 Sep 2025 Firm Fixed Price

14 Lots *SEE PRICING SCHEDULE

*****Notice to Vendor(s)/Supplier(s): The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs. *****

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation – Commercial Items, apply to this acquisition along with the listed addenda’s to the provisions. Past performance and price shall be used to evaluate offers.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For offerors with a current registration in the System for Award Management (SAM) complete paragraph (b) of the provision and submit with the response to the RFQ.

FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 17), applies to this acquisition with the following Addendum: Paragraph (c) of this clause is tailored as follows: Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government.

Note: The vendor acknowledges that should the quote terms and conditions and/or agreement conflict with mandatory provisions of the Federal Acquisition Regulation (FAR) and other Federal law applicable to commercial acquisitions, to the extent of such conflict the FAR and Federal law govern and conflicting vendor terms and conditions and/or agreement are unenforceable and are not considered incorporated into any resultant contract.

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items and selected clauses within the clause apply to this acquisition.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018) –ADDENDUM

To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Offerors must be currently registered in the System for Award Management (https://sam.gov) and agree to remain registered while performing services on Offutt AFB, NE. The offerors response shall consist of a:

1. Price Quotation

2. Fill-In Clauses/Provisions

3. Signed Amendments

4. Past Performance Information

1. Pricing: Complete the provided Pricing Schedule attached to this RFQ (Attachment 2- Specialized Cleaning Services Pricing Schedule) and any discount terms. The proposal must be submitted for the 5-year period (12-month base and four (4) 12-month option years).

Offerors shall complete all blue cells within Attachment 2 by providing a price per service for each Service Area listed in the pricing schedule. I.e. Provide the price it would cost to clean the USSTRATCOM East Atrium- Exterior, one time.

The price per service will be multiplied by the estimated quantity to determine the total price for each Service Area.

All Service Area prices will be added to determine the total price for each of the CLINS (0001, 0002, and respective option years).

Quotes shall include pricing for all items in the Price Schedule and unit prices shall not be more than two (2) decimal places.

The Government will add the total for Line items 0001, 0002, and respective option periods, to include the six (6) month extension option afforded by 52.217-9, to determine the Total Evaluated Price (TEP) for each offeror. The six (6) month extension pricing will be determined by utilizing the rates provided for the fourth option period; the price will be pro-rated to determine the evaluated cost of the six (6) month option.

2. Fill-In Clauses/Provisions: Offerors are required to complete all clauses/provisions that require Fill-ins and submit them with their quote. Note: For 52.212-3, If the Offeror has completed the annual, representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. Only paragraph (b) of the provision is required.

3. Amendments: Offerors must acknowledge all amendments to this solicitation (if Amendments are issued).

Offerors shall acknowledge, sign, and submit all solicitation amendments with their quote.

4. Past Performance Information: All completed past performance questionnaires shall be submitted by the Past Performance Point of Contact (PP POC), upon completion, to the Contracting Officer and the Contract Specialist. Vendors shall submit recent and relevant contact information for a maximum of five (5) contracts for Specialized Cleaning Services.

a) To be considered recent, for a particular contract or combination of contracts, services must have been and/or are currently being provided at any time within the last three (3) years from the date of issuance of this solicitation. The past performance submitted must have a minimum of six (6) months performance completed or at least one (1) Specialized Cleaning Service (Window Washing Project) performed.

b) To be considered relevant, vendors must have performed Specialized Cleaning Services (Window Washing) as described in the PWS that are similar in scope and magnitude.

i. The vendor will be responsible for contacting the PP POC referenced in their quote. The PP POCs will be requested to complete the Past Performance Questionnaire (Attachment 3) which must be submitted directly from the past performance POC to the Contracting Officer/Specialist.

THE RESPONSIBILITY FOR PROVIDING THE QUESTIONAIRES TO THE PP POCs AND VERIFY

RECEIPT BY THE GOVERNMENT OF THE COMPLETED QUESTIONNAIRES RESTS SOLEY

WITH THE VENDOR.

Past Performance Surveys: The Government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The Government will use information submitted by the offeror and other sources such as other Federal Government offices, state and municipal offices, and commercial sources, to assess performance. Provide a list of no more than five (5) references, for the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the current acquisition. However, subcontractor, and predecessor company information will not be considered as highly as past performance information for the principal offeror. The Government will use a past performance questionnaire (Attachment 3) to evaluate contractor references.

Past Performance Questionnaires: Are to be completed by the references provided by the offeror. If none are received then Past Performance will be rated as “Unknown” for that reference.

Furnish the following information for each contract referenced:

• Company/Division name

• Product/Service

• Contracting Agency/Customer

• Contract Number

• Contract Dollar Value

• Period of Performance

• Verified, up-to-date name, address, fax, and telephone number of the contracting officer.

• Comments regarding compliance with contract terms and conditions. The Government may use information submitted by the offeror and other sources such as other Federal Government offices, state and municipal offices, and commercial sources, to assess performance. If no Past Performance is available, the offeror may not be evaluated favorably or unfavorably on past performance: the offeror will receive a “Unkown” rating.

Quotes Submissions: Quotes are due no later than, 31 August 2020, at 2:00 PM (Central Time). Offerors are responsible for verifying receipt of their quotes to this office before offer due date and time.

Quotes will be emailed to:

tiffany.shaffer.4@us.af.mil and mayra.hernandez.1@us.af.mil

For questions regarding this RFQ please contact:

Tiffany Shaffer 402-232-5992, or Mayra Hernandez 402-232-1456

Interchanges: The Government intends to award a purchase order without interchanges with respective vendors/quotes. The Government however, reserves the right to conduct interchanges if deemed in its best interest.

Upon award and satisfactory performance, payment will be through Wide Area Workflow.

NOTICE OF PRE-BID/PRE-PROPOSAL CONFERENCE

(a) A pre-bid/pre-proposal conference will be conducted at the 55th Contracting Squadron’s Conference Room on 18 August 2020 at 9:00 AM (Central Time) for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees (not to exceed 2 contractors from each company) to, tiffany.shaffer.4@us.af.mil and mayra.hernandez.1@us.af.mil prior to 1:00 pm Central Time 14 August 2020. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees. Attendees will be required to complete a COVID-19 Screening Questionnaire, and to follow the 55th Wing’s Public Health guidance for preventing the spread of COVID-19. Due to security limitations for base access only U.S. citizens are allowed at the site visit.

(c) A POC will meet and provide transportation, if needed, for attendees at the Visitors Center on 18 Aug 2020. Please notify the Contracting Officer/Specialist if attendees will require transportation.

Attendees must be cleared for base access prior to transportation pick-up.

(d) Bidders/Offerors are requested to submit questions to the point of contact noted above not later than Close of business day 14 August 2020. Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

mailto:tiffany.shaffer.4@us.af.mil mailto:mayra.hernandez.1@us.af.mil mailto:mayra.hernandez.1@us.af.mil

(e) A record of the conference shall be made and furnished to all prospective bidders/offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) – ADDENDUM (Using 13.106 Procedures)

(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:

- Price

- Past Performance

This is a competitive RFQ solicited under FAR Part 13.5, in which competing offeror’s price and past performance will be evaluated. The evaluation process shall proceed as follows:

• Step 1: Evaluate all quotations for responsiveness.

• Step 2: Rank all responsive quotations based upon Vendor’s Total Evaluated Price (TEP).

• Step 3: Evaluate lowest price Vendor’s past performance until a “Satisfactory Confidence” rating is achieved or evaluations exceed the standard deviation of pricing received in response to this RFQ.

• Step 4: Make a Best-Value decision based on past performance evaluation and a determination that the price is fair and reasonable.

1. Price - Initially, the quotations will be ranked according to their total evaluated price (TEP) as identified by contract line item total pricing, Line Items 0001, 0002 and respective option periods, to include the six (6) month extension option afforded by 52.217-9. The Government will evaluate offers for award purposes by adding the total price for all CLINs for the required period of performance. The six (6) month extension pricing will be determined by utilizing the rates provided for the fourth option period; the price will be pro-rated to determine the evaluated cost of the six (6) month option.

The offeror’s price quotation will be evaluated, using one or more of the procedures and techniques defined in FAR 13.106-2 and FAR 13.106-3, in order to determine price reasonableness. For a price to be reasonable, it must represent a price that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations as described in FAR 13.106-3.

2. Past Performance – Next, the past performance of the lowest priced offeror will be evaluated. If this evaluation results in a past performance rating of “Satisfactory Confidence,” the past performance evaluations of the other offerors will be suspended and the lowest priced offeror will be determined to be the “best value.” If a “Satisfactory Confidence” rating is not achieved, then the next lowest offeror will be evaluated. The process will continue until an offer is rated “Satisfactory Confidence” or all reasonably priced proposals are evaluated. If the lowest priced offer is not rated “Satisfactory Confidence” the Contracting Officer will make an integrated assessment best value award decision using a Price and the Past Performance Confidence Rating.

The Contracting Officer shall seek recent and relevant past performance information on the offeror’s ability to successfully provide Specialized Cleaning Services (window cleaning services) based on

1) past performance evaluation questionnaires (Attachment 3) (completed by the references provided by the offeror) and

2) data independently obtained from other Government and commercial sources. Recent performance includes Specialized Cleaning Services (window cleaning services) similar in scope to the requirements of the PWS conducted within the last three years. Relevant contracts include those contracts that showcase the offeror’s ability to perform Specialized Cleaning Services (window cleaning services) similar to those required in the PWS. The Government will consider the performance quality of recent, relevant efforts (how well the contractor performed on the contracts as reflected in the Past Performance Questionnaire). The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in the RFQ, based on the offeror’s demonstrated present and past performance.

Recent past performance information includes contracts performed and/or being performed for any customer within the last three (3) years from the issuance date of the solicitation. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined below. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub- contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

Table 1. Past Performance Relevancy Ratings Method

Very Relevant

Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires.

Not Relevant

Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

Table 2. Past Performance Confidence Assessment

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unknown Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.

COMMUNICATIONS - Communications with offerors conducted to resolve minor or clerical errors will not constitute discussions, and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance. OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017

52.204-25

52.219-1

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

Small Business Program Representations

AUG 2019

OCT 2014

52.212-4 Contract Terms and Conditions-Commercial Items. OCT 2018 52.217-2 Cancellation Under Multi-year Contracts OCT 1997 52.217-5 Evaluation of Options JUL 1990 52.217-8 Option to Extend Services NOV 1999 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts

AUG 2018

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representations

DEC 2016

52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payment to Small Business Subcontractors DEC 2013 252.233-2 Service of Protest SEP 2006 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.242-15 Stop work Order AUG 1998 52.242-13 Bankruptcy JUL 1995 52.243-1_Alt I Changes-Fixed-Price AUG 1987 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Related to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance with Safeguarding Covered Defense Information

Controls.

OCT 2016

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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7002 Disclosure of Ownership or Control by a Foreign Government JUN 2010 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

252.215-7007 Notice of Intent to Resolicit. JUN 2012 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium. JUN 2013 252.225-7001 Buy American and Balance of Payments Program. DEC 2017 252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements SEP 2019 252.225-7036 Buy American-Free Trade Agreements-Balance of Payments DEC 2017 252.225-7048 Export-Controlled Items. JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7007 Limitation of Government’s Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. JUN 2013 252.237-7018 Special Definitions of Government Property DEC 1991 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment Dec 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7008 Sources of Electronic Parts. MAY 2018

The full text of these clauses and (*) provisions may be assessed electronically at the website:

https://www.acquisition.gov/. NOTE: ALL PROVISIONS WILL BE REMOVED AT TIME OF AWARD

BUT SHALL REMAIN PART OF THE CONTRACT FILE.

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

The Contractor’s representations and certifications, including those completed electronically viathe System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph

(v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it ____ will, ____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES REPRESENTATION

(DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25,Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it # does, # does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is 〉 is not 〉 a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is 〉 is not 〉 a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(NOV 2017) ALTERNATE I (DEC 2019)

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at

(c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(End of provision)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

https://www.sam.gov/ http://www.sam.gov/

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2018) (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (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 (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor…