Combined Solicitation_FA700023Q0015.pdf

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 FA700023Q0015 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 FAC 2023-01; Effective 30 December 2022.

This is a 100% set-aside for a HubZone small business. All responsible HubZone small businesses may submit a quote, which if received timely, may be considered by the 10th Contracting Squadron, USAF Academy (USAFA). The quotes will be evaluated IAW FAR 52.212-2, found herein. Please read and comply with all requirements for submitting a quote under the solicitation instructions and the addenda to FAR 52.212-1. Failure to comply with all instructions contained within this synopsis/solicitation could result in the quote being ineligible for award. It is the quoter’s responsibility to ensure their quote meets all the requirements identified herein. The Government reserves the right to not award this contract to any offeror.

The North American Industrial Classification System (NAICS) number is 115310- Support Activities for Forestry and the size standard is $11.5M. The Service Code is F014- Natural Resources/Conservation- Tree Thinning.

Description of Service:

The scope of this requirement is to provide miscellaneous Silvicultural services to USAFA.

Services maintain forest health and provide data to guide out-year forest management activities.

Individual trees inaccessible by vehicle become infested by bark beetles throughout the year (primarily from March through November). To prevent the spread of bark beetles to adjacent trees, infested trees must be felled and debarked as soon as they are identified and the residual slash properly disposed. Due to their distance from roads, these trees cannot be easily disposed and they will need to be debarked to prevent the spread of bark beetles to other trees.

Additionally, several stands on USAFA have endemic populations of dwarf mistletoe. Damage to individual infested trees with a Hawksworth rating of 3 or lower can be mitigated by pruning infested branches from the tree. Finally, USAFA collects stand data in the form of stand exams to inform forest management decision making.

*FAR Provision 52.212-1, Instructions to Offerors – Commercial Product and Commercial Services (Nov 2020) applies to this acquisition and the following addendum applies:

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

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

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR12.DOC#s126

Paragraph (c) first sentence revised as follows: “The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote.”

Quotes and contract documentation shall be provided NLT 11:00 am Mountain Daylight Time (MDT), 13 February 2023 at 10 CONS/PKA. Please submit quotes to both individuals listed below by e-mail to the attention of Wesley Kuykendall, Contract Specialist, wesley.kuykendall.1@us.af.mil and Brittney Rosenbaum, Contracting Officer at, brittney.rosenbaum@us.af.mil. Due to COVID-19 limitations, email is the preferred method of communication. Submit no more than 20 pages in response to this request.

After 20 pages, the Contracting Officer will not evaluate information. One page is considered to be one side of an 8 ½ x 11 piece of paper in a minimum of 10 font, single spaced. It is the quoter’s responsibility to complete their reps and certs at SAM.gov for the quote to be evaluated for award.

All questions must be submitted no later than 11:00 am Mountain Daylight Time (MDT), 8 February 2023 to both individuals listed below by email to the attention of Wesley Kuykendall, Contract Specialist, wesley.kuykendall.1@us.af.mil and Brittney Rosenbaum, Contracting Officer at brittney.rosenbaum@us.af.mil.

Late submissions: Quoters are responsible for submitting quotations so as to reach the Government office designated by the time specified in the solicitation. Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and may not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

Note: .zip files are not an acceptable format for the Air Force Network and will not go through our email system.

Please provide the following information with your quote:

Company Name:

Contact Name:

Address:

Telephone Number:

Unit Price:

Extended Price:

DUNS Number:

Cage Code:

Statement the quote is valid for a minimum of 60 days:

Size of Business/Socio Economic Status:

*Number of Employees_____________ *Total Yearly Revenue_______________ *Information required determining size of business for the NAICS referenced above

Payment Terms: _________________________

All companies must be registered in the System for Award Management at https://www.sam.gov/portal/public/SAM/ to be considered for award. The Government will not provide contract financing for this acquisition.

The contractor’s quote/response shall consist of three (3) separate parts:

Part I - Price Quote Part II - Technical Documentation Part III - Past Performance Information

2. Format and Specific Instructions.

A. PART I – PRICE QUOTE

The quoter shall submit on company letterhead a quote identifying the monthly price for each line item, the extended price, and the overall total price. The quote must be submitted for one (1) base year and four

(4) option years. Complete the CLIN Schedule by filling out the price list (attachment 2).

Price Quote: Quoters shall provide the pricing in Attachment 2.

The quoter shall fill in and submit the price list (Attachment 2). This document will be incorporated into the contract and unit prices quoted will be contractually binding. The quantities are estimated based on quantities from historical data.

B. PART II – TECHNICAL DOCUMENTATION

Quoter shall submit technical information on Attachment 3, Technical Information. Fill in the form in its entirety. A point of contact must be provided, so the Government can verify the information provided. A separate form must be completed for each point of contact. All technical information provided shall have been performed within 5 years of the closing date of this RFQ. Limit to 3 total pages of Attachment 2.

These 3 total pages count towards the 20 page maximum and can be 3 separate examples of previous services provided.

The quoter shall submit documentation to support the following information:

a. Possess at least three seasons [years] of experience with Rocky Mountain Forest insect and disease identification and silvicultural practices.

C. PART III – PAST PERFORMANCE INFORMATION

Past performance information will also be gathered using the CAGE code submitted with the quote. The Contract Performance Assessment Reporting System (CPARS) may be searched to evaluate past performance and information may also be pulled from the System for Award Management (SAM) on SAM.gov, and FAPIIS.gov, IAW FAR 9.104-6.

FAR 52.212-2 -- Evaluation -- Commercial Products and Commercial Services (Nov 2021) This tailored clause takes precedence over the clause incorporated by reference.

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

Part I - Price Part II - Technical Documentation Part III - Past Performance

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

b. Option Years. The Government will evaluate offers for award purposes by adding the total price for all option years to the total price for the basic requirement. The Government may determine a quote is unacceptable if the option year prices are significantly unbalanced. Evaluation of option years 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.

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

1. Evaluation:

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

Step I – Price Quote Evaluation Initially, the Government will place all quotes that meet the requirements of the solicitation in order by price, beginning with the lowest total evaluated price (TEP). The TEP will be calculated by obtaining the price for each Option Year, provided in Addendum to FAR 52.212-1, and calculate as follows:

Price Elements Tab Total Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4 6 – Month Extension of Services (from Option 4) See Note below Total Evaluated Price

NOTE: Six Month Extension of Services – The Government will evaluate the price of the six-month extension by taking the extended price for Option Year 4 and multiplying that by 50%. This six-month extension calculation will only be used during the evaluation of quotes. The actual value for the 6-month extension will be determined IAW FAR 52.217-8, Option to Extend Services, if and when the six-month extension is exercised during contract performance.

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

Quoters whose total evaluated price is unreasonable (in accordance with FAR 15.404 and FAR 31.201-3) and/or unbalanced (IAW FAR 15.404-1) may not be considered for award.

Step II – Technical Documentation Evaluation

Next, the lowest total evaluated priced offeror will be evaluated on an Acceptable/Unacceptable basis for the Technical Requirement. In order for the lowest total evaluated priced offeror to receive a rating of “Acceptable”, they shall demonstrate prior experience/information for performing at least three seasons of Rocky Mountain Forest insect and disease identification and silvicultural practices demonstrate prior experience, it will receive an “Unacceptable” rating and evaluation of that quote will stop. The POC’s provided will not be contacted.

In order for the Government to evaluate if the quoter demonstrated prior experience, the Technical Information (Attachment 3) form must be verified with the customer by the evaluation team, via phone or email. At a minimum, the Government will use the quoter’s provided point of contact (POC), phone or email to verify the project was performed by the named contractor and to verify that the minimum technical requirements stipulated in Addendum to FAR 52.212-1, Part II were included in the service in order to determine if the technical requirements have been met. As long as the minimum technical requirement has been confirmed by 1 contacted POC, not all provided POCs are required to be contacted for verification. If the point of contact cannot be reached through reasonable attempt, that Technical Information form will not be considered for further evaluation.

The quoter must demonstrate prior experience for the following:

a. At least three seasons [years] of experience with Rocky Mountain Forest insect and disease identification and silvicultural practices.

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

Rating Description Acceptable Quote meets the requirements of the solicitation Unacceptable Quote does not meet the requirements of the solicitation

Step III – Past Performance Evaluation

Next, the Government will evaluate the lowest total evaluated priced technically acceptable offeror for past performance with information gathered via the CAGE code submitted. The Contract Performance Assessment Reporting System (CPARS) may be searched to evaluate past performance, and information may be pulled from the System for Award Management (SAM), IAW FAR 9.104-6. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available on CPARS.gov, or SAM.gov or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

In order for the Government to have a reasonable expectation that the offeror will successfully perform the required effort, the offeror must not be debarred, suspended or otherwise determined to be ineligible to receive an award (ie. the offeror does not have derogatory information in www.sam.gov or www.fapiis.gov; nor has a CPARS rating below satisfactory for any contracts). If the offeror is debarred, suspended, or otherwise determined to be ineligible to receive an award (ie. the offeror does have derogatory information in www.sam.gov or www.fapiis.gov; or has a CPARS rating below satisfactory for any rated category, then the Government would not have a reasonable expectation that the offeror will successfully perform the required effort.

In conducting the Past Performance evaluation, the Government reserves the right to use information obtained from other sources available to the Government, to include, but not limited to Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; the Defense Contract Audit Agency (DCAA); the Defense Contract Management Agency (DCMA); and interviews with Program Managers, Contracting Officers, and contacts included in the quoter’s provided documentation.

Table A-2. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort

To be acceptable an offeror may not have a CPARS rating below satisfactory.

2. Basis of Award:

If the lowest total evaluated priced, technically acceptable offeror receives an “Acceptable” past performance rating, that quote represents the most advantageous offer to the Government, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop. If the lowest total evaluated priced, technically acceptable offeror receives and “Unacceptable” past performance rating, evaluation of that quote will stop. In that instance, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated to have an acceptable past performance rating, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision.

The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13). The Government, however, reserves the right to conduct discussions if deemed in its best interest.

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

Attachment 1 – SOW 1 December 2022 Attachment 2 – Price List Attachment 3 – Technical Form Attachment 4 – Wage Determination 2015-5417 Rev 22 9 August 2022 http://www.sam.gov/

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

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

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

N/A

(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.

Invoice 2in1

FA700023Q0015

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

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 FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC F4BQ00

Ship To Code F4BQ00

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F4BQ00

Service Acceptor (DoDAAC) F4BQ00

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

(g) WAWF point of contact.

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

brittney.rosenbaum@us.af.mil

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

(End of clause)

Special Contract Requirements

Contract Clauses

ADDENDUM TO FAR 52.212-4(c) CHANGES

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

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

(End of Addendum)

BPA TERMS AND CONDITIONS

(1) Description of Agreement. The supplier shall furnish the supplies or services described in paragraph 1(i) below if and when requested by the Contracting Officer(or the authorized representative of the Contracting Officer) during the effective period: 31 March 2023 through 28 February 2028.

$25,000 for an authorized caller per call and $250,000 for a Contracting Officer per call.

The maximum ceiling for the duration of the BPA is $475,000.00.

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

(Government Purchase Card) and in writing for calls over $25,000.00 and up to $250,000.00 (issuance of a DD Form 1155).

(i). Supplies or services to be furnished: The contractor shall provide all personnel, equipment and tools, supervision and other items necessary to perform the forestry tasks described below. All trees and services are located on the United States Air Force Academy and Farish Recreation Area.

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

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

The supplier shall only accept calls for items contained on the current price list that has been approved by the Contracting Officer. The Government will not be liable for payment of any item, service, etc invoiced by the vendor that does not appear on the current approved pricelist. Nor shall the contractor charge prices higher than those on the current approved price list. Additionally, the Government will not agree to pay any fee that is greater than those fees charged to the general public. The contractor shall warrant the prices offered to the Government shall be as low as or lower than those charged to the contractor's most favored customer, for comparable quantities under similar terms and conditions, in addition to any discounts for prompt payment. The contractors agrees to make "special offers" available to the Government on the same basis as they may make to their most favored customers.

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

(3) Purchase Limitation. Each individual purchase made under this Blanket Purchase Agreement shall not exceed the single call limit of $25,000.00 for an authorized caller, or $250,000.00 for a Contracting Officer, or as specified in the letter designating personnel authorized to place calls against the Blanket Purchase Agreement without the express verbal or written authorization of the Contracting Officer.

(4) Individuals Authorized to Purchase under this Blanket Purchase Agreement. If in addition to the Contracting Officer, other individuals are authorized to place calls against this Blanket Purchase Agreement, the Contracting Officer will provide the service provider with a list of these individuals. The list will identify either the title or position, the individual's name, organization, telephone number, and the monetary limit for each call to be placed.

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

(i) Name of Service Provider.

(ii) Blanket Purchase Agreement Number.

(iii) Date of Purchase.

(iv) Purchase Number.

(v) Itemized list of Supplies or Services furnished.

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

(vii) Date of performance or service.

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

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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in , insert the following clause: 4.1903

Basic of (Nov 2021) Safeguarding Covered Contractor Information Systems

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

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

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

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 resources organized for the collection, processing, maintenance, use, sharing, information dissemination, or disposition of ( 44 U.S.C. 3502). information

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

(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 media containing before disposal or release for reuse. information system Federal Contract Information

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

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

FA700023Q0015

https://www.acquisition.gov/far/part-4#FAR_4_1903

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

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

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

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

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

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

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. Apr 1984 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. (Alternate I) Jun 2020 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

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

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021

52.212-5 Alternate I Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services. (Alternate I)

Oct 2022

52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.222-3 Convict Labor. Jun 2003 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Jan 2022 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020

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

Aug 2018

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.

May 2014

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Sep 2013

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

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

Jan 2021

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

252.225-7001 Buy American and Balance of Payments Program. Jun 2022 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013

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

Apr 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Items. Jan 2021

FAR Clauses Incorporated by Full Text

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

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Oct 2022)

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

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

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

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

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

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

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

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

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.(1) (Jun 2020), Alternate I (Nov 2021) C. 2402).

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

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

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

[Reserved].(5)

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

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

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

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

[Reserved].(10)

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

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

[Reserved](13)

(14)

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

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

(15)

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

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

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

(17)

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

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

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

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

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

(18)

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

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

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

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

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

(22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).( )Oct 2022

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

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

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

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

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

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

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

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

(30)

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

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

(31)

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

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

(32)

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

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

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

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

(35)

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

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

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

(37)

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

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

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

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

(40)

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

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

(41)

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

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

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

(43)

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

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

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

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

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

(47)

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

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

(48)

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

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

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, (Oct 2022) 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.

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

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

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

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

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

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

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

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

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

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.(56) (Nov 2021) C. 2307(f)).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57) (Nov 2021)

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

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

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

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

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

(63)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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