HC101321R00100003.docx

HC101321R0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0004

This CLIN has been renumbered to CLIN 0007.

The CLIN description has changed from CIRCUIT TRANSITIONS to RESERVED.

The CLIN extended description has changed from:

Circuit transitions necessary to implement and deliver the requirements as specified in the PWS and associated documents.

To:

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

The unit of issue Lot has been deleted.

CLIN 0005

This CLIN has been renumbered to CLIN 0004.

CLIN 0006

This CLIN has been renumbered to CLIN 0005.

CLIN 0007

This CLIN has been renumbered to CLIN 0006.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

FOB: Destination

The following Delivery Schedule item for CLIN 0002 has been changed from:

The following Delivery Schedule item for CLIN 0003 has been changed from:

The following Delivery Schedule Item has been deleted from CLIN 0004:

The following Delivery Schedule item has been added to CLIN 0004:

The following Delivery Schedule Item has been deleted from CLIN 0005:

The following Delivery Schedule item has been added to CLIN 0005:

The following Delivery Schedule Item has been deleted from CLIN 0006:

The following Delivery Schedule item has been added to CLIN 0006:

The following Delivery Schedule for CLIN 0007 has been deleted:

The following have been added by full text:

RESPONSE/REPAIR TIME CREDITS

RESPONSE/REPAIR TIME CREDITS

Upon notification that a component is inoperative, the contractor shall complete remedial maintenance within the time specified in Sections 6.3.1 and 6.3.2 of the PWS. The component shall be repaired and returned to the Government in proper operating condition within the time(s) specified in the PWS. If repair and response times are longer than required by the PWS, the Contractor shall grant the Government a maintenance credit as follows:

Response between 2 – 4 hours after notification = $100 credit.

Response between 4 – 24 hours after notification = $200 credit.

Response more than 24 hours after notification = credit equal to 1/30th of the component’s total monthly charge for each operational day, or fraction thereof.

Repairs must be completed within 8 hours.

Repairs completed between 8 – 12 hours = $100 credit per repair Repairs completed between 12 – 24 hours = $200 credit Repair completed more than 24 hours = 1/30th of the component’s total monthly charge for each operational day, or fraction thereof.

1Response time starts upon notification. Response is considered complete when personnel arrives onsite to begin repair.

2Repair time starts once personnel arrive on-site and repair is considered complete when the Global NetOps Support Center (GNSC) confirms it is operational.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (OCT 2020)

(a) Definition. Small business concern, as used in this clause--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

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

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

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

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

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

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

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

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

(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause— _x_ By the end of the base term of the contract and then by the end of each subsequent option period; or ___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.

252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. Essential contractor service and mission-essential functions have the meanings given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.

(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment 4, Mission Essential Contractor Services, dated November 6, 2020 during periods of crisis. The offeror shall--

(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;

(2) Address in the plan, at a minimum--

(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

(iv) Any established alert and notification procedures for mobilizing identified ``essential contractor service'' personnel; and

(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

(End of provision)

The following have been modified:

ADDENDUMS TO FAR 52.212-1 & -2

ADDENDUM TO 52.212-1

Addendum to 52.212-1(b), Submission of Offers is tailored as follows:

(b) Submission of offers:

(12) Other Instructions

(i) General Information

(A) Points of Contact: The contracting officer (KO) and contract specialist (CS) are the sole points of contact for this procurement. Address any questions or concerns you may have to the KO/CS. Written requests for clarification must be sent to the KO/CS at brittney.m.meyer.civ@mail.mil and kari.l.kinzel.civ@mail.mil.

(B) Discrepancies: If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

(C) Electronic Reference Documents: All referenced documents for this solicitation are available on the Contract Opportunities web site at SAM.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

(D) Communications: Exchanges of source selection information between Government and offerors will be controlled by the KO and CS. Email will be used to transmit such information to the offeror and will include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line.

(ii) Offerors are requested to submit a written technical proposal and a price proposal in response to the attached Performance Work Statement (PWS) and Quality Assurance Surveillance Plan (QASP). Information on submission of technical and price proposals is provided below. The proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of statements asserted in the proposal. The proposal should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume the Government has no prior knowledge of their facilities and capabilities and will base its evaluation on the information presented in the offeror's proposal. The offeror's proposal must include all data and information requested by the RFP and must be submitted in accordance with these instructions. The proposal should sufficiently address the requirements as stated in the PWS. Non-conformance with these instructions may result in removal of the proposal from further evaluation.

(iii) IAW DISA Special Contract Requirement H1, each offeror shall specifically identify in its proposal whether or not any potential or actual Organizational and Consultant Conflicts of Interest (OCCI), as described in Federal Acquisition Regulation (FAR) Subpart 9.5, exists for this instant procurement. If the offeror believes that no OCCI exists, the OCCI response shall set forth sufficient details to support such a position. If an offeror believes that an actual or perceived OCCI does exist on the instant procurement, the offeror shall submit an OCCI plan with the proposal, explaining in detail how the OCCI will be mitigated and/or avoided.

(iv) Page limitations, if applicable, are identified below and will be treated as maximums. A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches. Page limitations are identified below under each evaluation factor and will be treated as maximums. If exceeded, excess pages will not be read or considered in evaluation of the proposal. The following items will not be considered when calculating page limits: cover page, table of contents, glossary, executive summary, generic resumes, OCCI mitigation plans, Fixed Price Payment Plans, FAR/DFARS Provisions/Clauses attachment, and Section 508 compliance. In the event any evaluation notices are issued, page limitations may also be placed on those. Page limitations shall not be circumvented by including inserted text boxes/pop-ups or internet links to additional information; such inclusions are not acceptable and will not be considered part of a proposal. The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements of this RFP.

(v) Organization/Number of Copies/Page Limits. The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified. The contents of each proposal volume are described in the information to offerors paragraph as noted in the table below. To the greatest extent possible, each volume shall be written on a standalone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal. Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity. Each volume may contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing may be used to identify sections.

Additionally, each volume may contain a glossary of all abbreviations and acronyms used, and with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

Table 1 Proposal Organization

Number

(vi) Electronic Offers. The offeror shall submit volumes I through IV in electronic format via email and must include “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Each volume shall be a separate file. If files are compressed, the necessary decompression program must be included. Proposals shall be submitted to the KO/CS identified below:

Kari Kinzel (CS) – kari.l.kinzel.civ@mail.mil Brittney Meyer (KO) – brittney.m.meyer.civ@mail.mil

(vii) Proposal Organization:

(A) Volume I Executive Summary. In the executive summary volume, the offeror shall describe the significant attributes and theme of its proposal. It should be concise, to include addressing any significant risks, and highlighting any key or unique features, excluding price. Any summary material presented in the Executive Summary shall not be considered as meeting the requirements for any portions of other volumes of the proposal. Include a master table of contents for the entire proposal.

(B) Volume II – Technical/Management. The technical/management volume should be specific and complete, and will be evaluated against the technical/management subfactors defined in FAR 52.212-2, Evaluation – Commercial Items. The technical portion of the proposal is to be submitted as a Microsoft (MS) Word 2007 or PDF document. The page format shall have a 1 inch margin using no smaller than an 11 point Ariel, Times New Roman, or Courier New font for all text to include any text contained in a table. The file size of each document shall not exceed 2MB. Using the instructions provided below, provide as specifically as possible the actual methodology you would use for accomplishing/satisfying the factors/subfactors.

In the Technical/Management volume, address your proposed approach to meeting or exceeding the minimum performance or capability requirements of each technical/management factor/subfactors, as well as any risks in your proposed approach in terms of technical/performance, price, and/or schedule.

Volume II - Technical/Management shall be organized as follows:

-Table of Contents -List of Table and Drawings -Glossary -Subfactor One -Subfactor Two -Subfactor Three -All other aspects of the PWS, including PWS Draft Deliverables* *Draft deliverables may be submitted as attachments to the Technical Volume and do not count towards the 40 page limitation.

(C) Volume III – Price. The price proposal will be evaluated using one or more of the techniques defined in FAR Part 15.404 in order to determine if they are reasonable and complete. Reasonableness is established through cost and price analysis techniques as described in FAR 15.404. For a price proposal to be complete, all solicitation requirements must be priced, figures correctly calculated, and prices/costs presented in in a clear and useful format. You shall submit pricing for the base period and all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. See FAR 52.217-8 which authorizes the Government to require continued performance of any services within the limits and at the rates specified in the contract. The CLIN Pricing Worksheet should include a separate line item for the additional 6-month period IAW FAR 52.217-8. These prices shall be identical to the proposed pricing in the 6 months prior to expiration of the base period, or the final option period, if option periods are present. The total evaluated price will consist of the contractor’s proposed price for the base period, all option periods, and the option pricing for the additional 6-month period. The price proposal spreadsheet shall be submitted in MS Excel 2007 format or newer. All formulas shall remain present in the spreadsheet for verification. The file size of each document shall not exceed 20MB. Information beyond that required by this instruction shall not be submitted, unless you consider it essential to document or support your price. All information relating to the proposed price, including all required supporting documentation must be included in the section of the proposal designated as the Price Volume. The Offeror shall propose a fixed price payment plan as a separate document commensurate with the value of the deliverables and/or significant milestones in the PWS for this requirement. A firm fixed price payment plan with the total dollar amount divided into equal monthly payments will not be accepted unless the offeror provides justification for this plan that the Government subsequently deems adequate. Under no circumstances shall the information and documentation from the Price Volume be included elsewhere in the proposal other than Volume II, Price Volume and Volume IV, Contract Documentation, which includes CLIN pricing.

Data other than certified cost or pricing data may be required to support the price reasonableness of your proposal in accordance with FAR 15.403.

FAR 12.504(a) The following laws are not applicable to subcontracts at any tier for the acquisition of commercial items or commercial components at any tier:

(7) 41 U.S.C. 4706(d) and 10 U.S.C. 2313(c),Examination of Records of Contractor, when a subcontractor is not required to provide certified cost or pricing data (see 15.209(b)), unless using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

Volume III – Price shall be organized as follows:

-Attachment 3, CLIN Pricing Worksheet -Price Narrative - to include pricing information and supporting data

(D) Volume IV – Contract Documentation. The purpose of this volume is to provide information to the Government for preparing the contract document and supporting file.

1. You must complete blocks 30 a, b, and c of the SF Form 1449 and return this form with your proposal. Signature by the offeror on the SF1449 constitutes an offer, which the Government may accept.

2. You must provide completed pricing information for each CLIN on the SF1449.

3. You must provide FAR 52.212-3 Alt I (completed representations, certifications, acknowledgments and statements). Additionally, some of the provisions and clauses in the SF1449 require a response from the offeror and shall be submitted along with your proposal.

4. OCCI Mitigation Plan or a statement that OCCI does not exist.

5. Authorized Offeror Personnel. Provide the name, title, and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government. Contractor Point of Contract information will be used for the Contract Administration Data Item G1, Points of Contact.

6. Company/Division Address, Identifying Codes, and Applicable Designations. Provide company/division's street address, county and facility code; CAGE code; DUNS code; TIN; size of business (large or small); and labor surplus area designation. This same information must be provided if the work for this contract will be performed at any other locations. List all locations where work is to be performed and indicate whether such facility is a division, affiliate, or subcontractor, and the percentage of work to be performed at each location.

7. Continuation of Essential Contractor Services. This contract contains DFARS 252.237-7024, NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES. Attachment 4 contains the identified Mission Essential Contractor Services that the contractor will be required to perform during periods of crisis. The Government will evaluate the offeror’s plan in response to DFARS 252.237-7024 on an Acceptable/Unacceptable basis to determine that the offeror’s plan addresses the requirements in 252.237-7024(b)(2)(i-v).

52.212-1(c), Period for Acceptance of Offers is tailored as follows:

(c) Period of Acceptance of offers. The offeror agrees to hold the prices in its offer firm until September 30, 2021 or completion of any protests unless otherwise withdrawn. There is no obligation on the part of the Government to make an award to any contractor in response to this request.

(End of provision revisions) ADDENDUM TO 52.212-2(a) Addendum to 52.212-2(a), Evaluation-Commercial Items is tailored as follows:

a. Basis for Contract Award Award will be made to the responsible offeror whose proposal is determined to represent the overall best value to the Government using a lowest price technically acceptable (LPTA) process. The technical proposal should include all information the offeror wants the Government to consider and evaluate regarding its ability to perform all required tasks and conform to all required terms and conditions. To be eligible for award, the offeror’s proposal must sufficiently address all aspects of the PWS. Failure to comply with the terms and conditions of the solicitation may result in the offeror being ineligible for award.

After receipt of proposals, the Government will first evaluate the lowest price proposal. If the lowest price proposal is determined to be technically acceptable and otherwise properly awardable, no further evaluations will be conducted, and award will be made. If, however, the lowest price proposal is determined to be technically unacceptable and/or otherwise not properly awardable, further evaluations will be conducted.

With regard to the best value analysis for the award decision, the below evaluation factors and subfactors will be used to determine technical acceptability. Section 508 Accessibility Standards do apply to this requirement. Section 508 requirements are listed in the attached PWS (Attachment 1). Compliance with Section 508 standards will be considered prior to evaluating any of the selection criteria listed below. Any proposal failing to meet the Section 508 Accessibility Standards, as listed in the PWS, shall be eliminated from consideration for award.

b. Evaluation Factors and Subfactors

(1) The following evaluation factors and subfactors will be used to evaluate each proposal. Past performance is not an evaluation factor, but shall be used in determining contractor responsibility in accordance with FAR 9.104.

Factor 1: Technical/Management

(a) Subfactor 1: Program Management, PWS Paragraph 6.1.2: In order for this subfactor to be rated Acceptable, the offeror’s proposal must demonstrate their Comprehensive Implementation Plan (CIP). The CIP shall include aspects of PWS 6.1.2.1 through 6.1.2.4, to include supplier provided end-to-end services and integration of Defense Information Systems Network diversity and resiliency capabilities.

(b) Subfactor 2: Implementation of a new 100G fiber segment, PWS Paragraphs 6.2.1, 6.2.2, 6.2.3, 6.2.4, and 6.2.5: In order for this subfactor to be rated Acceptable, the offeror’s proposal must demonstrate their approach to successfully Engineer, Furnish, Install, Secure, Test (EFIST) and make operational a new 100G fiber segment consisting of fiber and terminating equipment. The offeror’s proposal must demonstrate their approach to acquire and provide acceptable tested fiber (4 strands) diversely routed in accordance with PWS paragraph 6.2.1, 6.2.2 6.2.3, 6.2.4, and 6.2.5.

(c) Subfactor 3: Operations and Maintenance, PWS Paragraphs 6.3.1 and 6.3.2: In order for this subfactor to be rated Acceptable, the offeror’s proposal must demonstrate their approach to provide sustainment of all fiber assets and associated co-location facilities and equipment as described in PWS 6.3.1. The offeror’s proposal must demonstrate their approach to provide support for corrective and preventative maintenance 24 hours a day, 7 days a week, 365 days a year for fiber and associated facilities as described in PWS Paragraph 6.3.2.

Factor 2: Price

(a) The Offeror’s firm-fixed price proposal will be evaluated for award purposes based upon the total evaluated price which consists of the offeror’s proposed prices for the base period, all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. Evaluation of the options shall not obligate the Government to exercise such options. The offeror’s price proposal will be evaluated, using one or more of the techniques defined in FAR 15.404, in order to determine if it is reasonable and complete. Normally, price reasonableness is established through price analysis techniques as described in FAR 15.404. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated and prices presented in in a clear and useful format. The Government reserves the right, but is not obligated, to conduct a realism analysis.

c. Ratings

(1) Each technical/management subfactor will receive one of the ratings described in Table 1. The Technical/Management subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a proposal to be rated overall Technically Acceptable, each of the subfactors must be rated Acceptable.

Evaluation Table 1 for LPTA Technical Ratings Technical Ratings

d. Evaluation of Options

The offeror shall submit pricing for the base period and all option periods, including option pricing for an additional 6-month period that may be authorized IAW FAR 52.217-8. See FAR 52.217-8 which authorizes the Government to require continued performance of any services within the limits and at the rates specified in the contract. The pricing proposal should include a separate line item for the additional 6-month period IAW FAR 52.217-8. These prices shall be identical to the proposed pricing in the 6 months prior to expiration of the base period, or the final option period, if option periods are present. Evaluation of options shall not obligate the Government to exercise the option(s).

e. Discussions

The Government intends to evaluate proposals and award a contract without exchanges. However, the Government reserves the right to conduct exchanges or seek clarifications if the KO determines they are necessary. If exchanges are required, the number of proposals being competitively considered may be narrowed to all of the most highly rated proposals. The Government further reserves the right to reduce the number of proposals being competitively considered to the greatest number that will permit efficient competition among the most highly rated proposals. If an offeror’s proposal is removed from further consideration for award, written notice of the removal will be provided to the offeror. In the event issues pertaining to the solicitation cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

(End of provision revisions)

LIST OF ATTACHMENTS

List of Attachments

1. Performance Work Statement (PWS)

2. QASP

3. Pricing Template

4. Mission-Essential Services PWS Attachments

1. 1A Functional Requirements Specifications (FRS)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

(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.)

x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

___ (5) [Reserved]

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

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

x (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (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]

____ (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.

x (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.

____ (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).

x (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (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 (EDWOSB) 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 (MAR 2020) (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) (15 U.S.C. 637(a)(17)).

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

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

x (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

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

x (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).

x (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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 (JUN 2014) 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.

x (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 (JUN 2016) (E.O. 13693).

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

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

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 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 (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

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

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

____ (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. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

x (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

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

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

x (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

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

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

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

x (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).

x (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) (E.O. 13658).

x (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 2016) (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 (March 2, 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 (May 2014) (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) (E.O. 13658).

(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)…