H9224022Q2031 Combined Synopsis_Solicitation.docx
DOCX document 51 KB Posted
- Attached to
- IT Infrastructure Enhancement Federal contract opportunity
- Solicitation number
- H92240-22-Q-2031
- Issued by
- United States Special Operations Command
About this file
This is a combined synopsis/solicitation for IT infrastructure enhancement services issued by the United States Special Operations Command. Naval Special Warfare Group Two seeks to conduct a technical refresh and standardization of four intermediate distribution frame locations on its network to address physical security, TEMPEST requirements, and operational readiness issues. Quotes are due by July 14th, 2022 and must be submitted in accordance with the solicitation, performance work statement, and DD254 documents. This small business set-aside opportunity under NAICS code 541512 has an estimated value of $30 million. Services include recommendations for networking equipment security, cable management, and critical maintenance solutions. Interested vendors must register in the System for Award Management and contact the primary point of contact by July 8th to receive the password for the performance work statement.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| H9224022Q2031 Combined Synopsis_Solicitation_Amd2.docx | DOCX document | |
| H9224022Q2031_QnAs.pdf | ||
| H9224022Q2031 Combined Synopsis_Solicitation_Amd1.docx | DOCX document | |
| Attachment I - Performance Work Statement.pdf | ||
| Attachment II - DD254.pdf |
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Text version
COMBINED SYNOPSIS/SOLICITATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the information in FAR subpart 12.6, using simplified acquisition procedures under the test program for commercial items found at far 13.5, as supplemented with additional information included in this notice. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 and DPN Change Notice 20210224. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This solicitation is issued as a request for quotation (RFQ). The agency intends to award purchase order for the services as defined in this RFQ. This is a small business set-aside under the NAICS code and size standard below:
| NAICS |
| Size |
| 541512 |
| 30M |
The following FAR and DFARS PROVISIONS AND CLAUSES apply to this acquisition and are incorporated by reference:
| 52.203-3 |
| Gratuities |
| 52.203-11 |
| Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions |
| 52.203-12 |
| Limitation on Payments to Influence Certain Federal Transactions |
| 52.204-7 |
| System for Award Management |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| 52.204-13 |
| System for Award Management Maintenance |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| 52.204-24 |
| Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment |
| 52.204-25 |
| Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment |
| 52.209-7 |
| Information Regarding Responsibility Matters |
| 52.209-12 |
| Certification Regarding Tax Matters |
| 52.212-1 |
| Instructions to Offerors-Commercial Items (also See FAR 52.212-1 Addendum below) |
| 52.212-3 |
| Offeror Representations and Certifications Commercial Items |
| 52.212-4 |
| Contract Terms and Conditions – Commercial Items |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| 52.242-13 |
| Bankruptcy |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| 252.204-7000 |
| Disclosure of Information |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| 252.204-7016 |
| Covered Defense Telecommunications Equipment or Services--Representation |
| 252.204-7017 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| 252.204-7019 |
| Notice of NIST SP 800-171 DoD Assessment Requirements. |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements. |
| 252.209-7004 |
| Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country |
| 252.225-7001 |
| Buy American and Balance of Payments Program |
| 252.225-7002 |
| Qualifying Country Sources as Subcontractors |
| 252.225-7012 |
| Preference for Certain Domestic Commodities |
| 252.225-7048 |
| Export-Controlled Items |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| 252.232-7006 |
| Wide Area Workflow Payment Instructions |
| 252.232-7010 |
| Levies on Contract Payments |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| 252.247-7023 |
| Transportation of Supplies by Sea |
The following Clauses and Provisions are provided in full text:
52.212-1 Instructions to Offerors-Commercial Items ADDENDUM
(m) Quote Preparation and Submission Instructions.
(1) Offerors may submit written questions during the quote preparation period. All questions must be received no later than 1700 ET, 8 July 2022 to allow adequate time to prepare and issue responses to all Offerors prior to the date and time set for receipt of quotes. NSW will continue to accept written questions up to the closing time of the solicitation; however, time may not permit responses to those questions. Only written questions will receive a response. It is required that each question should include the document name, document date, specific page, paragraph, clause or other definitive citation requiring clarification. All questions and quotes must be emailed with the RFQ Number in the subject line. Contractors are responsible for allowing for sufficient time for files to clear firewalls and virus checks and must verify receipt of their quote to the following email inbox before 1200 ET 14 July 2022: Stephanie.Simpson@SOCOM.MIL . Files which are not received in the inbox by closing may be considered late and ineligible for award.
(2) Comprehensive responses to the requirements of this Request for Quote (RFQ) are required to enable the Government to evaluate the Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted in accordance with the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Vendors must be registered in the System for Award Management (SAM) to be eligible for award.
The quote shall be a complete response to the Attachment 1- Performance Work Statement and the requirements of this RFQ, taking into consideration requirements specified in this solicitation. The successful Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below.
(3) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.
(n) Quote Format And Content.
Email is the only acceptable method of submission. Electronic quotes shall contain three sections as detailed below. Individual emails shall not be “zipped: or exceed 10 MB. The Offeror’s quote must be marked regarding disclosure of proposed data in accordance with the provision entitled "Restrictions on Disclosure and Use in Quotes." The quote page format will be 8 1/2” x 11.” A page is defined as one face of a sheet of paper containing information. Type shall not be less than 12 pitch. Elaborate formats or color presentations are not desired or required.
(1) INTRODUCTION: The quote shall be valid for no less than 60 days from the date of RFQ closing, a statement affirming this fact shall be within the Introduction. Complete business address of the Quoter, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring "corporation" name, also provide such identity, as appropriate.
· Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.
· Fill-In Provision and Clauses: Provide all fill-ins or certifications required by the solicitation for inclusion in any resulting contract. Vendors must be registered in the System for Award Management (SAM) to be eligible for award; Quotes received without the completed copy of the provision at FAR 52.212-3 or completed SAM representation may be considered non-compliant. Quoters must also provide all fill-ins for:
· 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
· 52.204-26 Covered Telecommunications Equipment or Services--Representation
· 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
· 5652.204-9004 Foreign Persons (2006)
Additionally, the contractor must demonstrate compliance with 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements at time of proposal submission.
· Terms and Conditions: The Quoter must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or (b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unawardable.
(2) TECHNICAL: Submission shall address the Offeror’s technical capabilities to accomplish the work by providing specific narrative details and/ or description of actual methods, processes and procedures for requirement as described in the Attachment -1 Performance Work Statement (PWS). General statements that the Offeror understands the problem and can or will comply with the requirements of the RFP will be considered inadequate. Also, Offerors are cautioned not to simply rephrase or restate the government’s requirements in the quote, but furnish convincing narratives describing “how” they intend to meet these requirements. The Offeror shall limit Technical information to 10 pages.
(3) PRICE: The Offeror shall provide a Firm Fixed Price, inclusive of all materials, personnel, and travel as required in the PWS. Contractor format is acceptable.
(End of provision)
52.212-2 Evaluation -- Commercial Items ((Oct 2014):
(a) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the Best Value to the Government. The Factor 1 - Technical Capability is more important than Factor 2 - Price. The following factors shall be used to evaluate quotes:
Factor 1 - Technical Capability: The quote will be evaluated to determine the extent to which the Quoter meets or exceeds the technical requirements of the PWS.
The Government will utilize the combined Technical/Risk rating methodology contained within the Combined Technical/Risk Rating table below, which includes consideration of risk in conjunction with the evaluation findings; strengths, weaknesses, significant weaknesses, and deficiencies of the offeror’s quotation when determining the Technical rating.
Evaluation of risk will assess the degree to which the offeror’s proposed approach meets or does not meet the Government’s technical requirements. This includes evaluation of the offeror’s proposed technical knowledge and ability to meet requirements of the PWS. Risk is one aspect of the technical evaluation and contributes to determining the Factor level rating. If an offeror’s quotation demonstrates a material failure to meet a Government requirement or has a combination of significant weaknesses that increases the risk of unsuccessful contract performance to an unacceptable level, it is a deficiency in the offeror’s quotation. The Government will determine if the quotation meets or exceeds requirements, to what degree the proposed approach indicates an understanding of the requirements, and the level of risk to unsuccessful performance per the rating definitions contained within Combined Technical/Risk Rating table below.
The Government will assign an adjectival rating to Factor 1 using the below descriptions as guidance.
Combined Technical/Risk Rating Table
| Adjectival Rating |
| Description |
| EXCEPTIONAL |
| Quote indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. |
| GOOD |
| Quote indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. |
| ACCEPTABLE |
| Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate. |
| MARGINAL |
| Quote has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high. |
| UNACCEPTABLE |
| Quote does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Quote is unawardable. |
Factor 2 - Price: All prices will be evaluated for reasonableness to include evaluating quotes to ensure they are not unrealistically high or unreasonably low. The total evaluated price will be the total offer provided by the contractor for completion of all work required by the PWS.
(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 Clause) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (Jul 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(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 2020) (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 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
_XX_ (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 (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_XX_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
_XX_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).
_XX_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_XX_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_XX_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
_XX_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_XX_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_XX_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_XX_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_XX_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_XX_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_XX_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
_XX_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) .
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
N01C: Chief of Contracting 2000 Trident Way, Bldg 624 San Diego, CA 92155
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(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):
http://farsite.hill.af.mil/ http://www.acq.osd.mil
(End of clause)
52.252-6 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.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
The following SOFARS provision and clauses apply to this acquisition:
If applicable:
5652.233-9000 INDEPENDENT REVIEW OF AGENCY PROTESTS (2013)
All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d)(4) to: Chief, SORDAC-KM or SORDAC-KX as appropriate, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504.
(End of Clause)
List of Attachments Attachment 1 – Performance Work Statement (PWS) Attachment 2 – DD254
File details come from the government source that posted it. Updated .