HQC00720P0007 Hazardous Food and Drug Recall Notif - Purchase Order.pdf

SEE ADDENDUM

(No Collect Calls)

HQC00720Q0021 10-Aug-2020

b. TELEPHONE NUMBER

804-734-8000 EXT 86302

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 31 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

X

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.858-224-0890

HQC0079. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

HQC00720P0007 25-Sep-2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HEATHER JARRATT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HQCCAA01780001000

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

Beverly M. Summerson / Contract Specialist

See Schedule $135,000.00

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.31-Aug-2020 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN CMX RESPONSE TO HQC00720Q0021

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE 8NSE4 FACILITY

OFFEROR CODE

DEFENSE COMMISSARY AGENCY

INFORMATION TECHNOLOGY BRANCH

1300 E AVE

FORT LEE VA 23801-1800

REQUIREMENTSLIVE LLC

COMPLIANCEMETRIX

JAMES GUNN-WILKINSON

4180 LA JOLLA VILLAGE DR STE 570

LA JOLLA CA 92037-9144

DFAS-WIDE AREA WORK FLOW

DFAS - CVDAAA/CO

P.O. BOX 369016

COLUMBUS OH 43236-9016

18a. PAYMENT WILL BE MADE BY CODE HQ0131

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

SCD: C

15. DELIVER TO CODE HQCAAA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DEFENSE COMMISSARY AGENCY

INFORMATION TECHNOLOGY DIRECTORATE

1300 E AVENUE

FORT LEE VA 23801-1800

804-734-8598FAX:

TEL: 804-734-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

511210

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

X

EMAIL: beverly.summerson@deca.mil

804-734-8000TEL:

31c. DATE SIGNED

25-Sep-2020

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF33

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HQC00720P0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each $135,000.00 $135,000.00 Hazardous Food/Drug Recall Notif. System

FFP

Hazardous Food & Drug Recall Notification System (HFDRNS) 1 Enterprise License /or 250 User Licenses The system shall include a web-accessible automated recall system that will: issue instructions, deliver reference documentations, collect data on actions being taken by the site (i.e store, Central Distribution Center (CDC), or Central Meat Processing Plant (CMPP)), and store this information for 12 months.

See attached Statement of Work.

FOB: Destination MFR PART NR: Not Applicable

PURCHASE REQUEST NUMBER: HQCCAA01780001000

NET AMT $135,000.00

ACRN AA

CIN: HQCCAA017800010000001

$135,000.00

1001 1 Each $13,500.00 $13,500.00 OPTION Annual Maintenance & Support -Opt Year 1

FFP

HFDRNS Annual Maintenance & Support See attached Statement of Work.

FOB: Destination MFR PART NR: Not Applicable

NET AMT $13,500.00

2001 1 Each $148,500.00 $148,500.00 OPTION Annual Maintenance & Support -Opt Year 2

FFP

HFDRNS Annual Maintenance & Support See attached Statement of Work.

FOB: Destination

NET AMT $148,500.00

3001 1 Each $148,500.00 $148,500.00 OPTION Annual Maintenance & Support -Opt Year 3

FFP

HFDRNS Annual Maintenance & Support See attached Statement of Work.

FOB: Destination

4001 1 Each $148,500.00 $148,500.00 OPTION Annual Maintenance & Support -Opt Year 4

FFP

HFDRNS Annual Maintenance & Support See attached Statement of Work.

FOB: Destination

STATEMENT OF WORK

STATEMENT OF WORK

AUGUST 19, 2020

1 Title. Hazardous Food and Drug Recall Notification Solution (HFDRNS) 2 Background Information.

The Defense Commissary Agency (DeCA) operates nearly 230 military grocery stores worldwide. As a premier military benefit, DeCA must not only provide groceries and services to comparable to commercial counterpart offerings, but it must also instill confidence that it resale food items are safe and uncontaminated from dangerous bacteria and other harmful pathogens. DeCA’s Hazardous Food and Drug Recall (HFDR) program is responsible for ensuring this confidence by resolving nearly 700 recalls annually.

HFDR receives recall notices from a number of disparate sources such as contractors, distributor, manufacturers, brokers, news media, and the Department of Defense (DoD) All Food and Drug Act (ALFOODACT). When a recall notification is determined, through coordination, to affect product within DeCA’s stock assortment, HFDR disseminates the recall notification and disposition instructions through Microsoft Outlook to a predefined email distribution group. This manually generated email requests field-level (e.g., store-level) respondents to use Outlook’s voting buttons or polling feature.

This manual process has a number of challenges and limitations. All responses require manual sorting and categorization. Common email settings such as digital signatures and message encryption make reading response problematic. All responses are stored in the native email format which is not tabular and requires significant manual intervention for reporting, responding to directed queries from regulatory agencies, and traceability of recalled product from notification to final processing.

3 Scope.

The objective of this requirement is to obtain a recall notification capability. This system, managed by the software provider external to DeCA’s systems, must include web-accessible automation that will disseminate HFDR generated instructions, deliver reference documentations (e.g., signs), collect data on actions taken by the site (i.e., store, Central Distribution Center (CDC), or Central Meat Processing Plant (CMPP)), and store this information for 12 months or according to DoD NARA regulations whichever is the longest period of time. The system will not use, generate, or maintain any DoD-Classified information, or interface with any existing DeCA IT system (e.g., sales, inventory, or logistics). The software will also provide reporting and dashboard capabilities to track a recall from notice to completions.

4 System Requirements.

The HFDRNS must allow DeCA to rapidly respond to recall notices 24/7, and to disseminate recall notifications to all DeCA stores, central distributions centers (CDCs) and Central Meat Processing Plant (CMPP) regarding product and disposition instructions. It must also collect all responses regarding actions taken by site. The solution must provide reports and dashboards tracking recall status from notification through conclusion. Information captured by this software must include: DeCA area, DeCA zone, site name, responder’s name, status of recalled products, product quantity, with date and time stamps. The software must provide DeCA the real-time ability to view the status of all DeCA facilities worldwide, display reporting statistics, generate reports on recall effectiveness, identify late responders, and send alerts or reminder notifications as necessary.

The vendor must provide necessary personnel expertise to configure, train, implement, host and maintain the Recall Notification System. All support for documentation, training, information assurance, hosting, and data management must be in accordance to DoD Guidelines. The system must include record retention software that adhere to DeCA and National Archives and Records Administration (NARA) guidelines. The HFDRNS offerer’s quote must provide an approach, to include the system requirements described herein:

Access: The system must provide support role-based security, workflows and approvals to authorized users (for example, use of DoD issued common access card (CAC) authentication). Notification generation, dissemination and responses based on roles and workflows, will include information pertaining to the recall and will direct the necessary actions by the addressees. The recipients must be capable of inputting status of recall items to include on-hand quantities and disposition.

Response Collection: The system must allow notification recipients the ability to provide input regarding 1) the quantity of product on hand related to the recall; 2) the cost of the respective product; 3) the status, action taken, or disposition of the respective product. The system must allow the respondent to modify or correct initial responses with audit capabilities. The system must allow alternative respondents and provide escalation alternatives should there be an absence or situation which prohibits a response from the primary respondent. All responses must include auditing capabilities to include time and date stamps.

Reporting: The system must provide industry standard reporting templates as well as allow for ad hoc reports and dashboard creation. The system must allow data exports into an MS Excel file to allow users to generate ad hoc reporting. The system must provide the capability to: 1) rapidly determine the status of all DeCA facilities worldwide; 2) identify late responders; 3) send reminder notifications to include notification escalation; 3) collect, maintain, and display data (to include cost and quantity) for reporting statistics; 4) generate reports; and 5) configure performance and status dashboards to track a recall from notice to completions.

Data Repository: The system must retain all data in a historical database that will allow DeCA users to track the recalled item through final disposition, and to conduct trend and other analytic analysis. The software must maintain a data repository to allow authorized users access to recalls, resident within the historical data repository for a period of one year. The repository must maintain historical records in compliance with DoD, DeCA, and NARA retention guidance.

5 Configure, Implement & Test.

The solution must clearly define the implementation and configuration of the HFDRNS, including:

o Setting up the application o Ensuring only authorized users can authenticate and use the solution o Establishing user profiles o Developing and implementing workflows, processes, and reporting o Providing secure sockets layer (SSL) certification

The HFDRNS must support role-based security, workflows and approvals. The contractor must test updates in a sandbox before they are deployed, and set up automated/canned and configurable reports, dashboards and queries.

The contractor must include licenses to allow for 24/7 site availability for 5 super users and 250 users

6 Training.

Training must be provided in a single live or interactive session for no more than 20 users. This training must be conducted on-site at DeCA Headquarters prior to the government’s acceptance of the system. The content of the training session must ensure a transfer knowledge for end to end software usage, to include generating recall messaging, disseminating, collecting responses, reporting (queries, reports, and dashboard customization), and trouble shooting. This training must be recorded and in addition to help screens, this recording must be accessible through the web-based application. The contractor must quote a methodology for defining a successful transfer of knowledge.

7 Hosting.

The Vendor must provide a fully implemented Food Recall Notification System that allows authorized users to disseminate recall information, respond recall notification, generate reports and query notification status. The vendor must host and maintain the software, this includes routine patches, fixes and Microsoft compatibility updates; and providing disaster recovery capability. The vendor’s support must be available to DeCA at a minimum Monday through Friday from 8 am – 5 pm EST with email or text support during off-hours.

8 Deliverables and Delivery Schedule.

The HFDRNS quote must include draft deliverables as summarized, in Table 1.

Table 1. HFDRNS Deliverables and Schedule

SOW

Parg-raph

Deliverable Title Description Format Due Date Quantity

1 0 Onsite Kickoff Meeting*

Review and finalization of planning materials submitted with vendor’s quote.

Face-to-face meeting Within 7 days post award

2 4 Enterprise/User License

250 concurrent internal users, to include 5 super-users.

Contractor-Determined Format

At least 5 business days prior to system implementation

Contracto r Determine d:

enterprise or 250 users

3 5 Configuration and Implementation Plan and Project Schedule

Plan and schedule detailing actions to be taken for configuration and implementation, which include, but may not be limited to, evaluating DeCA’s current systems and workflows and providing recommendations on the best approach, fully configuring and implementing all system applications and completing the transfer of data without an interruption in service to DeCA as it transfers between solutions.

- Draft Configuration and Implementation Plan and Project Schedule, in format compatible to MS Office Suites.

- Final Configuration and Implementation Plan and Project Schedule, in format compatible to MS Office Suites.

DRAFT -

Solicitation Due Date

FINAL – within 5 business days of kick-off meeting

4 6 User training

One interactive session for up to 10 trainees

Contractor-Determined Format

No more than 5 business days prior to system implementation

5 7 Annual License to include System Support / Maintenance

The contractor must define its service level agreement (SLA) for support response and resolution, with a maximum of 24 hours’ support response time for all maintenance issues.

Contractor-Determined Format

Annually, After Contract Award

Per Account

*Due to the COVID-19 pandemic, remote locations, if deemed applicable, will be considered to conduct meetings.

9 Place of Performance.

Initial configuration and implementation meetings must take place on-site, at DeCA Headquarters, but will be acceptable for meetings to take place via video teleconferencing. The DeCA Headquarters address is:

DeCA HQ/MPMP 1300 E Avenue Fort Lee, VA 23801-1800

*Due to the COVID-19 pandemic, remote locations, if deemed applicable, will be considered to conduct meetings.

10 Period of Performance.

The period of performance is one base year (anticipated 9/1/2020 – 9/31/2021) plus four (4) additional twelve-month option years.

11 Inspection and Acceptance.

DeCA will inspect and accept the HFDRNS to ensure that it is successfully developed, integrated and implemented and meets the minimum requirements defined in the SOW. If any element of the final solution prevents a full implementation in DeCA’s environment, the solution will not be accepted by DeCA.

12 Existing Environment.

DeCA currently uses the Secured Baseline Host version 10.5.0 with the following desktop business applications:

Microsoft Windows 10 Enterprise, Microsoft Outlook Professional Plus 2013, Microsoft Excel Professional Plus 2013, Microsoft PowerPoint Professional Plus 2013, Microsoft Word Professional Plus 2013, Internet Explorer 11, but regularly upgrades the environment. All deliverables will be in a format compatible with standards listed.

13 Security.

Requests for proposals must include sufficient information on which to evaluate each offeror’s proposed approach to satisfying the security control requirements prior to use of the software. This approach must also include a process to address the DeCA Program Manager’s requirement for continued assessment and maintenance of security control requirements throughout the life of the contract.

In addition to complying with installation access as delineated in clause 52.204-4500, contractors shall comply with country, municipality and any other applicable authority to include policy, regulations or laws regarding access to geographic areas and buildings with regards to performance of an award resulting from this solicitation.

In accordance with DoDI 8500.01 and DoDI 8510.01, DoD organizations that use external IT services provided by a commercial or other non-federal government entity must ensure the security protections of the information system delivering the service is appropriate to the confidentiality, integrity, and availability needs of the DoD organization's information and mission.

Unclassified, closed role based solution. The following controls must be addressed in the offeror’s approach, at a minimum, for any web-based service:

o Removal of default system accounts.

o Develop configuration standards for system. Assure that these standards address all known security vulnerabilities and are consistent with industry-accepted system hardening standards. Sources of industry-accepted system hardening standards may include, but are not limited to: (Center for Internet Security (CIS), International Organization for Standardization (ISO), SysAdmin Audit Network Security (SANS) Institute, National Institute of Standards Technology (NIST)) o Identify, address, and remediate new threats and common vulnerabilities affecting the system on a routine basis and in a timely manner.

o The site must perform user authentication with unique userids (individual unique IDs assigned to each individual user) and passwords that meet DoD password complexity requirements [as supported by the service].

o The following account management practices must be addressed in the offeror’s approach:

(a) Enforcement of change of characters when a password is changed

(b) Password minimum and maximum lifetime restrictions

(c) Prohibits password reuse restrictions

(d) Allows the use of a temporary password for system logons with an immediate change to a permanent password o Stores and transmits only cryptographically-protected passwords (encryption must use strong cryptography standards recommended by current industry best practices such as NIST – weak cryptography must not be used and must be replaced, as necessary, to maintain industry best practices through the life of the contract.

o Ensure that all security relevant and operational status changes are reported to the DeCA Program Manager.

14 Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

Government furnished equipment (GFE) will not be provided. Government-Furnished Information will be provided to the contractor, as required.

The awardee will be responsible for hardware and software required for use by its personnel.

15 Section 508 Accessibility Standards.

The following Section 508 Accessibility Standard(s) (Technical Standards and Functional Performance Criteria) are applicable (if box is checked) to this acquisition.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-SEP-2020 TO

24-SEP-2021

N/A DEFENSE COMMISSARY AGENCY

INFORMATION TECHNOLOGY

DIRECTORATE

1300 E AVENUE

FORT LEE VA 23801-1800

804-734-8000 EXT 48567

FOB: Destination

HQCAAA

1001 POP 25-SEP-2021 TO

24-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 25-SEP-2022 TO

24-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 25-SEP-2023 TO

24-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 25-SEP-2024 TO

24-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

ADMINISTRATIVE INFORMATION

A. POINTS OF CONTACT

CONTRACTING OFFICER: Beverly M. Summerson; email: beverly.summerson@deca.mil; Phone: 804-734-8000 x 48524 CONTRACT SPECIALIST: Heather B. Jarratt; email: heather.jarratt@deca.mil Phone: 804-734-8000 x 86302 COR/CPARS/WAWF RECEIVING: Cindy Rood; email: cindy.rood@deca.mil;

Phone: 804-734-8000 x 48241 TECHNICAL POC: Richard Stith; email: richard.stith@deca.mil; Phone: 804-734-8000 x 48458

B. VENDOR POINTS OF CONTACT

VENDOR POC: Keith Cole; email: keith.cole@compliancemetrix.com Office: 310-245-3335 (mobile)

CLAUSES INCORPORATED BY FULL TEXT

IMPORTANT INFORMATION FREEDOM

OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND

POSTING NOTICE

Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN).

Unexercised option prices will not be published.

In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room.

The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act

(FOIA).

ACCOUNTING AND APPROPRIATION DATA

AA: 97X49304J000046072921100000002527SOH000HQCCAA01780001LSN600033181

AMOUNT: $135,000.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 HQCCAA017800010000001 $135,000.00

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

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

JAN 2017

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

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

JUL 2018

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

AUG 2019

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-13 Bankruptcy JUL 1995 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 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding

SEP 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 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 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 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).

____ (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.)

___ (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 (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (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).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 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).

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

____ (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.

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

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

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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). (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 (DEC 2007) (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.

____ (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).

____ (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)).

____ (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).

_____ (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 (DEC 2015) (E.O. 13658).

_____ (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 2019) (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 (JAN 2019) (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 (Dec 2015) (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) Alternate I (Jan 2017) of 52.224-3.

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

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

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.217-4500 OPTION TO EXTEND CONTRACT DELIVERY (AUG 2004)

The Government may require continued delivery of any supplies within the limits and at the prices specified in the contract. This option provision may be exercised more than once, but the total extension of the delivery period hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expiration of the contract delivery period.

(End of Clause)

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

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

(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.

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…