IMCS IV Solicitation W91RUS21R0001.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B

C D

EX

X G F 81 - 87

88 - 107 X H 108 - 117 charles.l.friend.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 117

(If other than Item 7) W91RUS

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91RUS 8. ADDRESS OFFER TO

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHARLES FRIEND (520) 538-2396

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

11 - 12

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 13 - 15 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 16 - 25 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

26 - 79

PART II - CONTRACT CLAUSES

ACC-APG

2133 CUSHING ST

BLDG 61801 RM 3410

FORT HUACHUCA AZ 85613

ACC-APG

CHARLES L. FRIEND 2133 CUSHING ST

FT HUACHUCA AZ 85613

(520) 538-1376

(520) 538-1838FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Feb 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91RUS21R0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60 Months Infrastructure Ops & Maint Spt Services

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This includes Network, Telephony systems, and Premise cabling/wiring)

AS DESCRIBED IN SECTION C.2.3

FOB: Destination

PSC CD: DE01

NET AMT

0002 60 Months Information Technology (IT) Systems Spt

FFP

Period of Performance: 15 December 2021 - 14 December 2026 Information Technology (IT) environment which includes any NIPRNET or SIPRNET hardware, software, application tool, system, or other networks.

AS DESCRIBED IN SECTION C.2.4

0003 60 Months Telecommunications Support Services

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This includes Technical Control Facility, Matrix Switch Operations, and Video Teleconferencing O&M

AS DESCRIBED IN SECTION C.2.5

0004 60 Months Radio Systems Operations and Maintenance

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This includes Microwave Radios Equipment O&M, Land Mobile Radio Network, and Tower and Antenna Support.

AS DESCRIBED IN SECTION C.2.6 and C.2.7

0005 1 Job Additional Technical Support

FFP

Period of Performance: 15 December 2021 - 14 December 2026 For site unique requirements or additional technical support as defined in installation task orders. Requirements may include but are not limited to exercise support, surge requirements, supply and warehouse support, etc).

AS DESCRIBED IN SECTION C.2.16

0006 1 Job Other Support Services

FFP

Period of Performance: 15 December 2021 - 14 December 2026 Includes Configuration Management and Drawing Maintenance and other site specific requirements

AS DESCRIBED IN SECTION C.2.8; AS REQUIRED BY INDIVIDUAL TASK

ORDERS

0007 1 Job Overtime

FFP

Period of Performance: 15 December 2021 - 14 December 2026 The contractor will provide in the CLIN description detail labor categories and fully loaded labor rates.

AS DESCRIBED IN SECTION C.1.1

0008 1 Job Third Party Damages

FFP

Period of Performance: 15 December 2021 - 14 December 2026

AS DESCRIBED IN SECTION C.2.15

0009 1 Job Special Project/ Davis Bacon

FFP

Period of Performance: 15 December 2021 - 14 December 2026 Projects will be identified by the Government as required

AS DESCRIBED IN SECTION C.2.17

AS REQUIRED BY INDIVIDUAL TASK ORDERS

0010 1 Job Other Direct Costs

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This CLIN is for Other Direct Costs in support of CLINs 0001 - 0006.

Application of of indirect cost is allowable. Fee is not authorized.

AS REQUIRED BY INDIVIDUAL TASK ORDERS

0011 1 Job Travel

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This CLIN is for Government directed travel in support of CLINs 0001 - 0006. All travel costs shall be in accordance with the Joint Travel Regulation and as specified in individual task orders.

Application of of indirect cost is allowable. Fee is not authorized.

AS REQUIRED BY INDIVIDUAL TASK ORDERS

0012 1 Job Training

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This CLIN is for training in support of CLINs 0001 - 0006. All training shall be IAW PWS Para. C.1.2 and as specified in individual task orders.

Profit is not authorized.

0013 1 Job Material

FFP

Period of Performance: 15 December 2021 - 14 December 2026 Material handling costs are reimbursable. Application of of indirect cost is allowable. Fee is not authorized.

AS DESCRIBED IN SECTION C.1.4

Deliverables (Reports)

FFP

Period of Performance: 15 December 2021 - 14 December 2026 This CLIN represents the Reports described in the PWS and are not separately priced (NSP). Associated costs are to be included in the fixed price portion of the contract.

Manpower Reporting

FFP

Period of Performance: 15 December 2021 - 14 December 2026 C.1.10. Service Contract Reporting. The requirement for contract manpower reporting shall be in accordance with FAR clause 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts.

Section E - Inspection and Acceptance

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 N/A N/A N/A N/A 0015 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-DEC-2021 TO

14-DEC-2026

N/A NETCOM ACOFS,G4

THERESE HAMIILTON

2133 CUSHING STREET

FORT HUACHUCA AZ 85613

520-538-0333

W61DEG

0002 POP 15-DEC-2021 TO

14-DEC-2026

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-DEC-2021 TO

N/A NETCOM ACOS, G4

THERESE HAMILTON

2133 CUSHING STREET

FT HUACHUCA AZ 85613

520-538-0333

0005 POP 15-DEC-2021 TO

N/A NETCOM ACOFS,G4

THERESE HAMIILTON

2133 CUSHING STREET

FORT HUACHUCA AZ 85613

520-538-0333

0006 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 15-DEC-2021 TO

N/A NETCOM ACOS, G4

THERESE HAMILTON

2133 CUSHING STREET

FT HUACHUCA AZ 85613

520-538-0333

0008 POP 15-DEC-2021 TO

N/A NETCOM ACOFS,G4

THERESE HAMIILTON

2133 CUSHING STREET

FORT HUACHUCA AZ 85613

520-538-0333

0009 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 15-DEC-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items—

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

TBD in Task Order

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

“Invoice 2in1”

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

COMBO

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD in Task Order

Issue By DoDAAC TBD in Task Order

Admin DoDAAC** TBD in Task Order

Inspect By DoDAAC TBD in Task Order

Ship To Code TBD in Task Order

Ship From Code TBD in Task Order

Mark For Code TBD in Task Order

Service Approver (DoDAAC) TBD in Task Order

Service Acceptor (DoDAAC) TBD in Task Order

Accept at Other DoDAAC TBD in Task Order

LPO DoDAAC TBD in Task Order

DCAA Auditor DoDAAC TBD in Task Order

Other DoDAAC(s) TBD in Task Order

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

TBD in Task Order

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

TBD in Task Order

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

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENT

Section H - Special Contract Requirements

H-1 ORDERING

(a) This contract is designed to meet and provide non-personal Infrastructure Operation and Maintenance Support Services (Network, Telephony systems, and Premise cabling/wiring) and Information Technology (IT) support services for NETCOM. As such, Firm-Fixed Price (FFP) task orders may be awarded by the Contracting Officer hereunder within the scope of the Performance Work Statement (PWS). The Contractor shall submit a FFP proposal in accordance with the Task Order Proposal Request (TOPR) not later than the time frame specified in the TOPR.

(b) Orders may be placed on the last day of the ordering period. The total duration of the IDIQ contracts ordering period is 60 months.

(c) Task Order Proposal Request: When the Government has a requirement for work to be performed, the Contracting Officer shall issue a TOPR with, at minimum, the following attachments: 1) performance work statement (PWS) and 2) instructions to offerors and evaluation criteria. The TOPR must be written and may be transmitted via e-mail.

Issuance of TOPR does not obligate the Government to issue task orders under this contract, nor shall it authorize the Contractor to perform any work pursuant to such TOPR prior to the Contractor’s receipt of a task order award. The Government will not solicit the Contractor for proposals on any effort unless the cognizant budget office has committed funding. In the event funds have not yet been committed for a potential effort, the Government may seek to provide the Contractors advance notice by disseminating a draft. Draft TOPR s will be clearly marked as such.

Performance under task orders shall commence only after receipt of an executed task order via facsimile, E-mail, or by verbal direction from the Contracting Officer. If verbal direction is given, written confirmation will be provided. The Government shall not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

(d) Submission of Task Order Proposal:

(1) In accordance with FAR 16.505 (b) (2) the Contracting Officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $6 million unless one of the statutory exceptions applies.

(2) Contractors are highly encouraged to submit a proposal for every requirement solicited. If a Contractor does not provide a proposal, they shall submit a “no bid” letter to the Contracting Officer. If the Contracting Officer identifies a trend in a

Contractor’s submittal of “no bid” letters, the Contracting Officer reserves the right to utilize the off ramp procedures. The contractor is responsible for all proposal costs incurred in performance of the contract.

(3) Proposals shall normally consist of a technical narrative and pricing proposal. If outlined in the task order RFP, Contractors may be required to provide other information (e.g., transition plan, past performance information, etc.). Proposals will be evaluated utilizing the source selection procedures outlined in the RFP’s instructions to offerors. All task order proposals shall contain all information required to conduct a price, technical and past performance evaluation, as applicable.

(4) The preponderance of the IMCS IV requirements involve professional labor categories. However, requirements may include work associated with the SCLS labor categories and will incorporate a DOL WD should Offerors propose SCLS labor categories. SCLS proposed labor categories shall be subject to the requirement of FAR Subpart 22.10 and applicable clauses for the IMCS IV requirement.

The Contractor shall provide a bottom-line price for the entire effort. In order to facilitate the technical evaluation, the Contractor shall also clearly delineate the proposed labor categories, number of hours proposed per labor category, and proposed price per labor category, for the period(s) specified in the task order RFP.

(e) Evaluation of Proposals: Upon receipt of the proposals, the Contracting Officer, the technical evaluation team, and price team will analyze the proposals in accordance with the evaluation criteria in the task order RFP and issue a task order to the Offeror whose offer is the most beneficial to the Government, with appropriate consideration given to the evaluation factors. Specific evaluation factors will be identified for each task order.

H-2 ON-OFF RAMP

On-Ramp Procedures:

(1) The Better Buying Power initiative of on-ramping/off-ramping will apply to this acquisition. On/off ramp procedures will allow the flexibility to assess the status of contractors under IMCS IV and make adjustments as necessary to facilitate adequate competition on task orders. At any time during the five year ordering period, the Government can assess each awardee in order to determine if on/off ramping is necessary.

(2) The Government will reserve the right to conduct on-ramps at any time if it is determined to be in the best interest of the Government. On ramps will be used to obtain new viable small businesses. The solicitation will be publicized in Beta.SAM and will identify the approximate number of new awardees. The KO has the discretion to award more or fewer new contracts than the number anticipated in the solicitation.

Existing IMCS IV contractors may not hold more than one IMCS IV basic contract at any time. The award decision for new awardees will be based substantially upon the same evaluation criteria as the initial base contract awards and the resulting awards will be identical to the existing version of the basic IDIQ contracts.

(3) Any Contractor that received a basic contract award shall not re-compete. The new awardee(s) will compete with any existing or remaining Contractors for all task orders.

Any additions due to on-ramps will not impact the contract ceiling. The ordering period for new awardees will not extend the overall maximum term of the original contract, nor shall it re-establish the contract base period. New awards shall not constitute a basis of contractual adjustment for existing contractors. The new awardee(s) will be eligible to compete for future task order requests for proposals issued against the basic IDIQ contract. The Government will not consider unsolicited requests for additional Contractors.

Off-Ramp Procedures:

(1) The Government reserves the right to utilize off-ramps when it is determined in the best interest of the Government. The Government may off-ramp a Contractor by implementing a termination for convenience, implementing a termination for default or taking any other action permitted by the contract terms and conditions.

(2) The factors for off-ramping are:

a. Unsatisfactory performance.

b. Lack of competitiveness (participation will be evaluated during the Government’s periodic assessments of the IDIQ contracts).

c. Lack of program participation.

d. Outgrowth of SBA size status.

H-3 OMBUDSMAN

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns for this acquisition and the resultant task orders. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions).

(c) If resolution cannot be made by the Contracting Officer, the interested party may contact the ACC-APG Huachuca Division ombudsman below:

Dennis P. Longo

Army Contracting Command Aberdeen Proving Ground, MD 21005 Phone- 443 861 5087 Email: dennis.p.longo.civ@mail.mil

(d) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

H-4 SURGE REQUIREMENTS

The contractor shall be required to support surge requirements that may arise during contract performance. These requirement s are typically short term in nature and may require a sudden increase in performance to support anticipated surge events. These events are separate from Special Projects in that Surge requirements are considered typical O&M requirements that require enhanced support outside of the workload expressed during the task order competition.

The COR will provide a written request to the contracting office for the surge event. The request will include: a Performance Work Statement detailing the event and support required; period of performance of the event; Independent Government Estimate; and funding. Surge requirements shall typically not exceed 180 days. Surge requirements exceeding this timeframe require approval by the Contracting Officer.

The contracting office will forward to the contractor the PWS and request a price proposal.

The contractor shall provide a written price proposal to the contracting office within 10 days of receipt of the request. The proposal shall include a detailed price proposal to support the surge event. The proposal estimate shall be based on current labor, health/welfare rates and burden rates (overhead, G&A, profit, etc.) proposed for the task order performance period. The proposal shall include the number of employees, labor classification per employee, number of hours per employee, labor rate of each employee and total event amount. Proposal costs of surge events will not be separately priced from the firm-fixed price of the task order.

The price proposal will be forwarded to the COR for technical evaluation. The evaluation will consider the realism of the allocated hours, labor categories, and number of employees being proposed to support the event. Upon technical approval the KO will make a price reasonableness determination. If the price is determined to be reasonable, a task order modification will be prepared and the surge event will be added as a separate CLIN. If the price is not determined reasonable, the KO will begin negotiations.

The Contracting Officer will determine if the work will be considered a surge event, a special project or normal O&M requirements.

The contractor shall not commence work on a surge event under consideration until the KO has directed the work to proceed by task order modification.

Government Legal review of any Software License Agreements must be completed prior to purchase of any software at the task order level.

CLAUSES INCORPORATED BY FULL TEXT

CONTRACT AUTHORITY

a. Contracting Officer's Authority. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the Contractor.

b. Contractor's Authority.

(1) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative (COR) acting within the limits of their authority.

(2) The Contractor shall not in any way represent that they are a part of the United States Government or that they have the authority to contract or procure supplies for the account of the United States of America.

CONTRACTOR ACCESS TO GOVERNMENT INSTALLATIONS

The Contractor shall submit, to the Contracting Officer, the names of all employees and/or prospective employees who will require access to a Government installation and/or facility for purposes of this contract. This requirement also applies to the Contractor's subcontractors and suppliers.

DENIAL OF ENTRY

The Government reserves the right to terminate the entry of any Contractor employee upon disclosure of information which indicates the individual’s continued entry to the installation is not in the best interest of national security. Additionally, the violation of or deviation from the established security procedures by contractor employees may result in the confiscation of identification media and the denial of future entry to the installation.

ORGANIZATIONAL CONFLICT OF INTEREST

a. The restrictions imposed by this clause apply to the Contractor, including its parent company, affiliates, divisions, subsidiaries, consultants, subcontractors at any tier, and any tier successors.

b. The Contractor is subject to the following restrictions:

(1) The Contractor agrees to review, after contract award and during the life of the contract, its technical, business, financial, and other interests which could give rise to an actual or potential organizational conflict of interest in connection with the performance of this contract. If the Contractor discovers any facts relevant to an organizational conflict of interest, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall set forth all relevant facts, including identification of contracts under which work was or is being performed and include a description of actions which the Contractor has taken or proposes to take, to avoid, neutralize, or mitigate the actual or potential conflict of interest.

(2) If work to be performed under this contract requires access to proprietary, business confidential, or financial data of other companies, the Contractor shall reach an agreement with such other companies to protect such data from unauthorized use or disclosure as long as it remains proprietary or confidential. Evidence of such an agreement must be made available to the Contracting Officer upon request. Further, the Contractor agrees that it will not use the data to compete with those other companies.

(3) The Government may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of an organizational conflict of interest before the award of this contract or discovered such facts after award and intentionally did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract in accordance with the "Default" clause of this contract and pursue such other remedies as may be permitted by law or by this contract.

(4) The Contractor agrees to insert this provision in every subcontract issued in performance of this contract.

KEY PERSONNEL

Key Personnel relative to this solicitation and resultant contract must have demonstrated ability, background, and qualifications to lead and manage TO BE COMPLETED AT THE TASK ORDER LEVEL and the contract administration/management skills to perform the contract requirements. These key personnel must have an in-depth understanding of the requirements and their responsibilities through education, knowledge and experience and must be fully committed to the success of the project. The following positions are designated as Key Personnel:

TO BE COMPLETED AT THE TASK ORDER LEVEL

Within ten days of notification of task order award, the contractor shall provide the names, and resumes of all designated Key Personnel, and also provide certifications for inside plant personnel to the COR. Key Personnel identified at the beginning of phase-in must have the same or greater experience and qualifications as those presented in the contractor's proposal. During contract performance, the contractor shall provide written notification to the contracting officer at least 30 days prior to making any changes to Key Personnel. The written notification shall include copies of the resumes and Certifications of any individuals proposed as replacements to Key Personnel. Individuals with equal or higher qualifications and experience must be provided.

SPECIAL PROJECT OR DAVIS BACON PROPOSALS

Davis Bacon work may fall under normal work or in a special project.

As stated in the Performance Work Statement (PWS), work required by the Government that is within the general scope of the contract, but is other than day-to-day Operation and Maintenance (O&M) of the communication systems shall be completed.

It can include third party damage repair or small installation projects. The Contracting Officer (KO) or Contracting Officer's Representative (COR) will make the determination if projects are normal requirements or special projects. In making the special project determination, the KO or the COR will consider the type of work required and the extent to which it may vary from the normal workload described in the PWS.

The COR will provide a written request to the contracting office and the NETCOM G4 IMCS office for the Special Project. This request will include a PWS, Independent Government Estimate, and funding. The NETCOM G4 IMCS office will provide technical concurrence for the special project requirement. The Contracting Officer shall make a within scope determination for the special project work. Once the work receives technical concurrence and is determined within scope, a request for proposal will be sent to the Contractor.

The contracting office will forward to the contractor the PWS and request a price proposal. The contractor shall provide a written price proposal to the contracting office within 10 days of receipt of the request. The proposal shall include a detailed price proposal to accomplish the project. The proposal estimate shall be based on current labor/health and welfare rates and the burden rates (e.g., overhead, G&A, profit, etc.)

proposed in the contractor’s original proposal. The proposal shall also include the applicable Davis-Bacon labor categories and rates if the contractor has determined that a significant portion of the work involves construction (see below). The proposal shall include these price elements along with the projected hours of each labor category to perform the task. Management of the special projects will not be separately priced.

Those costs will be included in the loaded hourly rates of the special projects labor categories. Similarly, the cost of preparing proposals for special projects will not be separately priced. Those costs will also be included in the loaded hourly rates of the special projects labor categories.

The price proposal will be forwarded to the COR for a technical evaluation. Upon technical approval the KO will make a price reasonable determination. If the price is determined reasonable a contract modification will be prepared. If the price is not determined reasonable, the KO will begin negotiations.

The contractor shall not commence work on a task under consideration until the KO has directed the work to proceed (either by contract modification or by verbal approval, pending a contract modification).

If the contractor receives a work request that they consider outside the normal workload requirements or as a special project, the contractor shall notify the KO in writing within 10 days of receipt of the work request for a determination. The KO will consult the COR in making the determination. Once the determination is made that the work request is a Special Project the procedures in paragraphs 4(a) through 4(c) will be followed.

Work requests that are determined to be Special Projects may contain specific work requirements that require construction work. Construction is considered to be all work which physically alters or changes improvements to real property facilities of all types, such as buildings, plants, streets, tunnels, power lines, pumping stations, generators, drilling, excavation and landscaping. Maintenance work on equipment is generally considered to be subject to Service Contract Act (SCA) wage requirements.

1. Service orders that require disconnection and reconnection of phone service should not be considered DBA work. This service would include providing new telephones, splitters, line cords, hooking wires into a panel in the telephone room; cross connect wiring in telephone rooms and the programming for numbers at the switch.

Splitters and line cords are plugged into the existing phone jacks; cross-connect wiring involves connections at the rack in the telephone rooms. Because the work involves only changes to existing telephone equipment either at the rack or at the phone jack in order to turn on telephone service, the work should not be considered construction work. None of the work that is cited in this paragraph involves alteration of a real property facility.

2. Similarly, work that changes the features of telephone services, switch programming, card changes identification of a dedicated line path at the panel or software changes should not be considered construction. This work does not involve alteration to physical premises or installation of equipment but modification of existing equipment to provide different service. This can be differentiated from installation of 200 pair cabling where none existed before, which is considered an improvement to a physical communications infrastructure. In addition, installation of plenum cabling or premise wiring into existing conduit would also be considered construction where that work has been performed in order to complete the remodeling of a building or supplement or complete the wiring infrastructure in a building.

3. Where new cable is run to replace deteriorating cable, the work may be considered maintenance where the action was done to restore an equipment component to its designated functional purpose, such as where cabling is replaced due to deterioration, and where the action is not part of a larger project. Similarly, reracking, cleaning and organizing of a cable vault are not considered subject to DBA wage rates when the work is considered part of routine maintenance.

4. Installation of new cable where none existed previously (and which exceeds 32 labor hours to perform) would be regarded as construction work regardless of whether the cable was above or within the ground.

(a) If Davis-Bacon Act labor categories are utilized in a Special Project, the contractor’s price proposal shall be based on current Davis-Bacon labor/health and welfare rates and the burden rates (e.g., overhead, G&A, profit, etc.) proposed in the contractor’s original proposal.

(b) The Contracting Officer shall state whether individual requirements are to be considered construction, and, therefore, subject to the provisions of the Davis - Bacon Act and related clauses in Section I.

(c) For DBA work performed during regular working hours by the contractor’s regular employees on this contract, the employees will be paid the difference between their regular SCA wages and the DBA wages in addition to their regular SCA wages.

LEGAL FEDERAL HOLIDAYS

a. Government Federal holidays are as follows:

New Year’s Day Martin Luther King Jr.’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

NOTE: Check the SCA Wage Determination for the Holidays. It has been noted that some SCA's will allow for additional holidays

b. The contractor shall not schedule work on the installation on federal holidays that would require a federal employee to be present, unless coordinated by the COR.

Federal holidays will be observed as prescribed in 10 USC 6103.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-16 (Dev) Preventing Personal Conflicts of Interest (JUN 2020)

(Deviation 2018-O0018)

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-8 Annual Representations and Certifications MAR 2020 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

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

JUN 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research JUN 2020 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

OCT 2020

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices JUN 2020 52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications (JUN 2020) - Alternate IV

OCT 2010

52.216-27 Single or Multiple Awards OCT 1995 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-3 Patent Indemnity APR 1984 52.227-9 Refund Of Royalties APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime MAR 2015 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

DEC 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 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

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7008 Only One Offer JUL 2019 252.223-7004 Drug Free Work Force SEP 1988 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7005 Contractor Business Systems FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

FEB 2020

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has…