La Tuna RFP 1620000294.pdf

Section A: Optional Form 308 or SF33 Section B: Supplies or Services / Pricing or Cost (Line Items)

1. The following information pertains to the SF1442, Solicitation, Offer, and Award:

OMB Clearance Number 1103-0018

Block 8: Emailed to:

UNICOR, FPI

ATTN: Jason Morgan, Contracting Officer Unicor FPI Lexington 3301 Leestown Road Lexington KY 40511 771-210-8264

Block 17: LUMP SUM (ENTER THE AMOUNT IN SECTION B).

Block 24, and 27, See Section H.

GENERAL INTENTION: It is the intent of this solicitation to result in a Firm Fixed Price, Construction Type Contract for a project at the Federal Correctional Institution La Tuna, located in Anthony TX as outlined in the attached Statement of Work (SOW). The solicitation is 100% set aside for Small Business.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03.

The North American Industrial Classification System (NAICS) Code applicable to this project is 238220, Plumbing, Heating and Air Conditioning Contractors.

Contractor shall have an active Heating, Ventilation, Air Conditioning (HVAC) license in the State of Texas.

Certification in OSHA-30 Hours training (with Competent Person training in OSHA-40 Hour)

Proposal package must include a copy of the above license/certifications to be considered for award.

Contract Line Item: Offerors shall enter unit price and amount for contract line item.

QUESTIONS WILL ONLY be accepted in writing and WILL NOT BE ACCEPTED AFTER MONDAY, March 24, 2025, at 2 PM EST. Responses to questions and site visit will be posted via www.sam.gov.

NO PHONE CALLS PLEASE.

Proposal due date is FRIDAY, April 25, 2025, at 2PM EST. Late offers will not be accepted.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE

ADDRESSED IN WRITING VIA EMAIL TO: jason.morgan2@USDOJ.GOV

CONTRACTOR’S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

Valid government issued identification is required to gain access on the day of the site visit.

No foreign nationals are allowed in the secure confines of FCI La Tuna.

No photography may be taken on the grounds or restricted areas.

Security Disclaimer:

Due to agency security CD's and flash drives are prohibited from being installed in Government provided computers.

Electronic submission is the preferred method of document exchange; such examples include submittals, drawings, schedules and close-out documents. Transmission will be conducted via a secure link provided by the COR.

SITE VISIT IS MANDATORY FOR ALL INTERESTED PARTIES

http://www.sam.gov/ mailto:jason.morgan2@USDOJ.GOV

The mandatory Site visit has been scheduled for Thursday, March 20, 2025.

The Contractor shall inspect the site where services are to be performed. This site review shall satisfy the Contractor's need to identify all general and local conditions that may affect the cost of the contract. Failure to inspect the site will not constitute grounds for claims after contract award. UP to two (2) people per company may attend.

Company Name, Name of attendees, and phone number for attendees must be submitted to jason.morgan2@USDOJ.GOV by Tuesday, March 17, 2025, at 2:00 PM EST.

FEDERAL BUREAU OF PRISONS FCI La Tuna ACCESS REQUIREMENTS:

NCIC forms will need to be filled out and submitted to boris.silva@USDOJ.GOV by Tuesday, March 17, 2025, at 2:00 PM EST.

A background check will then be conducted and clearance granted before site access can be obtained.

PROJECT MUST BE COMPLETED WITHIN NINETY DAYS (180) OF AWARD.

Offer due date is FRIDAY, April 25, 2025, at 2PM EST. Late offers will not be accepted.

Offer must indicate Solicitation No. name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any mailto:jason.morgan2@USDOJ.GOV mailto:boris.silva@USDOJ.GOV expressed warranty, price and any discount terms. Offeror must ensure all SAM documentation is completed and current, Representations and Certifications FAR 52.212-3, and include acknowledgment of all amendments, if issued. Offerors must hold prices firm for 90 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered.

Vendors shall submit signed and dated offers by email to Jason.morgan2@usdoj.gov

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE

OFFEROR:

VENDOR'S UEI NUMBER:

VENDOR'S POINT OF CONTACT:

VENDOR'S TELEPHONE & FAX NUMBER:

VENDOR'S EMAIL ADDRESS:

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE,ETC.):

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

Signature mailto:Jason.morgan2@usdoj.gov

SECTION C - DESCRIPTION/SPECIFICATIONS STATEMENT OF WORK

C.1 - Statement of Work

1.0 GENERAL CONDITIONS:

1.1 The contents of this document shall prevail and supersede any exclusions or disclaimers listed on the Contractor’s proposal.

1.2 The Contractor shall provide all supervision, labor, materials, equipment, supplies and transportation necessary to complete this scope of work. Except as provided elsewhere in this contract, all work shall comply with applicable State, local and Federal laws and regulations, industry and construction codes and standards, manufacturer’s specifications and recommendations, and all contract special provisions, terms and conditions.

1.3 The Contractor shall be responsible for obtaining and

maintaining all required licenses and permits to perform HVAC/construction work on a Federal installation, be properly bonded and insured in accordance with Federal Acquisition Regulation (FAR) requirements.

1.4 All work shall be performed under the Standard Level of Care.

1.5 The Contractor is to provide a baseline Construction

Schedule, in which time is of the essence, and an accepted Schedule of Values (SOV) prior to the commencement of construction activities.

1.6 The Contractor shall submit progress schedules biweekly.

Schedules shall include work sequence. Construction Progress Telecoms: Biweekly telecoms with CO/COR to discuss design issues and project progress as necessary. The Contractor shall provide call-in number, lead the discussion and provide minutes to all participants (electronic submission only); to include action items, items for clarification and information requests within three business days of the biweekly status calls.

1.7 Contractor shall be responsible and bound by all

Occupational Safety and Health Administration (OSHA) regulations.

1.8 Contractor shall submit an Accident Prevention Plan

containing Activity Hazard Analyses (AHA) and Site Specific Safety and Health Plan in advance of performing work.

1.9 The Contractor shall provide all closeout documentation, including, b u t not limited to, warranties, as- built documentation, equipment list, real property checklist, and operations and maintenance (O&M) documentation.

1.10 The Contractor is to perform work in the Restricted Area and

1.11 The Contractor shall remove all construction debris

generated during construction from Unicor factory roof and properly dispose off-site. The Contractor shall clean up each day all refuse, rubbish, scrap material and debris caused by his operations and, at all times, keep the project site in a neat and orderly appearance.

1.12 The Contractor shall check and verify all conditions

and dimensions at the project site before proceeding with the work. The Contractor shall report all discrepancies to the COR for correction prior to beginning any work.

1.13 Contractor is responsible for providing quality

control (QC) inspection/testing to assure all work and materials are in strict compliance with the scope of work, all regulations, and all codes of the governing contract and local authorities.

1.14 The Contractor is responsible for providing a complete

punch list prior to final Government acceptance of work.

1.15 Submit Daily Construction Reports (DCR’s) detailing the

actual work completed and verified labor count.

2.0 SPECIFICATION OF WORK:

2.1 Contractor shall provide labor and materials to

perform installation of (2)7.5 ton 11.5 SEER or better commercial packaged heat pumps with 93,000 cooling BTU's and 84,000 heating BTU's or like units 208/230v 3 phase, (2) 1-ton mini splits for office spaces and (1) 2-ton heat pump system and associated equipment located within the FCI La Tuna, Unicor Factory. In addition, the Contractor shall perform site improvements to improve infrastructure as well.

The following specifies the required work:

2.1.1 Install (2) 7.5 ton 11.5 SEER commercial packaged units (2)1-ton mini splits and (1) 2-ton heat pump system.

2.1.2 Provide a written report of completed testing services with test results.

2.1.3 Contractor shall provide labor and materials to complete the install of equipment.

2.1.4 Contractor shall complete all required documentation

associated with the installation and testing of new equipment.

jmorgan Highlight jmorgan Highlight

22.0 PERIOD OF PERFORMANCE

The Government requires the following periods of performance: Project Completion: 180 calendar days from Award. Completion is defined as completion of all contractual obligations and requirements and acceptance of final deliverables by the Government.

Section D: Packaging and Marking

PRESERVATION, PACKING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice, and shall be paid by the contractor. All packaging, postage fees and payment related to submitting information, forms, and reports, etc. to the Government (i.e. Contracting Officer, Contracting Officer's Representative) shall be paid by the Contractor.

MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the contract number and task order number, if applicable, for which the information is being submitted.

Section E: Inspection and Acceptance

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

52.236-5 Material and Workmanship (APR 1984)

52.246-12 Inspection of Construction. (Aug 1996)

Section F: Delivery & Performance

52.236-15 Schedules for Construction Contracts (Apr 1984)

PERFORMANCE SITE

FCI La Tuna Factory

FAR 52.211-10, COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to commence work under the awarded contract within 10 calendar days of receipt of task order, and (b) prosecute the work diligently. The time stated for completion shall include final cleanup of the premises.

(End of clause) Alternate I (Apr1984)

Section G Contract Administration Data:

FEDERAL GOVERNMENT HOLIDAYS

The following is a list of Federal Holidays observed by the Government:

Washington's Birthday (3rd Monday in February) Memorial Day (last Monday in May) Juneteenth (JUN 19) Independence Day (JUL 4) Labor Day (1st Monday in September) Columbus Day (2nd Monday in OCT) Veteran's Day (November 11th) Thanksgiving (4th Thursday in November) Christmas (DEC 25)

ADMINISTRATIVE INFORMATION

ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT AWARD AND ADMINISTRATION

Administration of this contract shall be performed by:

Jason Morgan, Contract Specialist Telephone: 771-210-8264 E-mail: jason.morgan2@usdoj.gov Address:

UNICOR, Federal Prison Industries Attn: Jason Morgan, UNICOR Contracting Officer

3301 LEESTOWN RD

LEXINGTON, KY 40511

Written communications shall make reference to the contract number and shall be mailed to the above address, or sent via Email to jason.morgan2@usdoj.gov

The Contracting Officer (CO) has the overall and primary responsibility for the administration of this Contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

JAR 2852.201-70, CONTRACTING OFFICER'S REPRESENTATIVE

a) The following are hereby designated to act as Contracting Officer's Representative (COR) under this contract:

David Smith, Contracting Officers Representative (COR) Facilities Operation Specialist 202-305-3948 David.Smith18@usdoj.gov

The COR is responsible, as directed by the CO, for: 1. receiving all deliverables, inspecting, and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; 2. providing direction to the contractor which clarifies the contract effort; 3. fills in details or otherwise serves to accomplish the contractual Scope of Work; 4. evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

REQUIREMENTS FOR CORRECTION OF SUB-STANDARD PERFORMANCE

When any member of the Contract Administration Team (CO & COR) becomes aware of substandard performance in any area of the Contract, the Contractor will be given verbal and/or written notification, depending on the circumstances of the issue. The Contractor shall resolve the performance issues consistent with the requirements specified in the SOW and/or task order. For other types of deficiencies where the corrective actions are not specifically stated, the Contractor shall submit a Plan of Action to correct the performance issue within ten (10) working days. If it is not corrected to the satisfaction of the Contract Administration Team member, the Contract Administration Team member shall annotate the performance files and include the observations in the Contractor Performance Report as appropriate.

Section H Special Contract Requirements:

PROJECT MAGNITUDE

Pursuant to paragraph 36.204 of the Federal Acquisition Regulation, the estimated cost of this acquisition is between $250,000.00 and $500,000.00

BONDS

BID BOND

For offers in excess of $100,000, contractor shall submit with his offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in paragraph entitled Bid Guarantee in the form of twenty percent (20%) of the offer price, whichever is less. The bid bond penalty may be expressed in terms of percentages of the offer price or may be expressed in dollars and cents.

PERFORMANCE AND PAYMENT BONDS

If required, the bidder to whom award is made must furnish performance (Standard Form 25), and payment (Standard Form 25A) bonds within 10 calendar days of award. The bonds will be good and sufficient surety or sureties acceptable to the Government.

(a) PERFORMANCE BOND When the contract price is in excess of $100,000, the penal sum of the performance bond shall be equal to one hundred percent (100%) of the contract price. The performance bond shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished.

(b) PAYMENT BOND

(1) Payment bonds are required for contracts in excess of $100,000.

(2) The penal amount of payment bonds shall equal one hundred percent of the contract price

CONTRACT AWARD

The Government intends to award a Firm Fixed-Price Construction type Contract as a result of this solicitation. Award will be made to the offeror, pursuant to an affirmative determination of responsibility, whose offer conforms to the terms of the solicitation and is determined to be in the best interest of the Government, based upon evaluation of the factors included in this solicitation.

WAGE DETERMINATION APPLICABLE TO THIS CONTRACT

The rates referred to in the Davis-Bacon Act for Bricklayers, Laborers, Carpenters, Electricians, etc., are included in the General Wage Determination issued by U.S. Department of Labor Employment Standards Administration Wage and Hour Division, General Decision Number TX20250245 dated 01/03/2025.

Payment will be made to individuals used in the performance of this contract, the rates of wages contained therein. The complete wage rate decision is incorporated as a part of this solicitation.

SUBMISSION AND PAYMENT OF INVOICES

Reference Standard Contract Clause "Prompt Payment” For Construction Contracts (FAR 52.232-27) of this solicitation.

All invoices shall include the complete contract number and line item(s) billed. To avoid delay in payment, invoices shall be submitted in an original and one copy (if prepared by a copying process, one copy shall be marked "Original").

Pay Applications and Certified Payrolls shall be submitted to:

David Smith, Contracting Officers Representative (COR) Facilities Operation Specialist 202-305-3948 David.Smith18@usdoj.gov

UNICOR, Federal Prison Industries, ATTN: Jason Morgan, UNICOR Contracting Officer, 3301 LEESTOWN RD, LEXINGTON, KY 40511 jason.morgan2@usdoj.gov 771-210-8264

Due to mail delays caused by security precautions, do not use U.S. Postal Service mail. Packages from any of the messenger services (FedEx, UPS, DHL, etc.) are accepted at this address.

The preferred method of invoice submission is electronically (via email) to David.Smith18@usdoj.gov and Jason.morgan2@usdoj.gov

Delay in contractor payment due to invoice submission to any address other than the physical or email address listed above shall be the fault of the contractor, and payment will be processed only upon receipt at the physical or email address noted above, and after approval by UNICOR's customer and the project COR.

ALL INVOICES SHALL REFERENCE THE CONTRACT AND TASK ORDER NUMBER.

All invoices must match the contract dollar amount and payments will only be processed upon approval by UNICOR's customer and project COR.

PREFERED METHOD: Submission of "Invoices by E-mail":

Payment Applications must be submitted using AIA Document G702/G703.

Please submit 1 invoice to the following individual at their business e-mail addresses listed below:

David Smith, Contracting Officers Representative (COR) David.Smith18@usdoj.gov

UNICOR, Federal Prison Industries, ATTN: Jason Morgan, UNICOR Contracting Officer, 3301 LEESTOWN RD, LEXINGTON, KY 40511 jason.morgan2@usdoj.gov mailto:David.Smith18@usdoj.gov mailto:jason.morgan2@usdoj.gov mailto:David.Smith18@usdoj.gov mailto:jason.morgan2@usdoj.gov

771-210-8264

LIABILITY COVERAGE / INSURANCE

52.228-5 Insurance-Work on a Government Installation Insurance-Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- For such period as the laws of the State in which this contract is to be performed prescribe; or Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.

The Contractor shall maintain a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

(End of clause)

(a) (In accordance with Standard FAR Contract Clause 52.228-5 entitled "Insurance - Work on a Government Installation (JAN 1997) the Contractor shall procure and maintain, during the entire period of his performance under this contract, the following minimum insurance:

General Liability Insurance Bodily injury liability insurance, in the minimum limit of $500,000 per occurrence is required on the comprehensive form policy.

Automobile Liability Insurance

This insurance is required on the comprehensive form policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles sued in connection with the performance of the contract. At least, the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

Workmen's Compensation and Employer's Liability Insurance Employer's liability coverage is required in the minimum amount of $100,000 or as required by the state where the project is performed.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation of any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert in all subcontracts the required insurance information provided above, including this paragraph (c).

CONTRACTOR'S RESPONSIBILITY

It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

The Contractor is required to furnish all services, materials, labor, tools, and equipment necessary to fulfill the work as set out in the Statement of Work.

The Contractor must be aware of standards, codes, requirements, and guidelines governing the construction of Government buildings.

The Contractor shall comply with all local, state, and federal building codes and life safety codes.

The Contractor shall be responsible for all office supplies, included but limited to, pencils, pens, calculators, binders, paper, printers, fax machines, markers, whiteboards, hole punches, staples, etc. The office supplies are not provided as part of this Statement of Work. It shall be the sole responsibility of the Contractor to obtain all information required to successfully carry out each contract task, other than the information provided by the project COR.

PART II

Section I Clauses:

52.202-1 Definitions (Jun 2020)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

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)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions(JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to inform Employees of Whistleblower Rights (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)

52.204-9 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)

52.204-18 Commercial and Government Entity Code Maintenance

(AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

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

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

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

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

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

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

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

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

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

(End of clause)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

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

(NOV 2021)

52.204-27 Prohibition on a ByteDance Covered Application Prohibition on a ByteDance Covered Application (Jun 2023)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment(NOV 2021)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.(NOV 2015)

52.215-8 Order of Precedence-Uniform Contract Format. (Oct 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

52.219-8 Utilization of Small Business Concerns. (OCT 2018)

52.219-14 Limitations on Subcontracting. (SEP 2021)

52.219-28 Post-Award Small Business Program representation.(SEP 2021)

52.222-3 Convict Labor. (June 2003)

52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation. (MAR 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. (JUL 2021)

52.222-9 Apprentices and Trainees. (July 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 Davis-Bacon and Related Act Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUN 2020)

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

52.222-26 Equal Opportunity. (SEP 2016)

52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)

52.222-35 Equal Opportunity for Veterans. (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans. (JUN 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-50 Combating Trafficking in Persons (NOV 2021)

52.222-54 Employment Eligibility Verification. (MAY 2022)

52.222-55 Minimum Wage Under Executive Order 13658 (JAN 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

Alternate I (July 1995)

52.223-5 Pollution Prevention and Right-to-Know Information.

(May 2011)

52.223-6 Drug-Free Workplace. (May 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. (DEC 2016)

52.224-2 Privacy Act. (Apr 1984)

52.225-13 Restrictions on Certain Foreign Purchases.(FEB 2021)

52.227-1 Authorization and Consent. (JUN 2020)

52.228-1 Bid Guarantee. (Sept 1996)

52.228-2 Additional Bond Security. (Oct 1997)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.228-15 Performance and Payment Bonds—Construction. (JUN 2020)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232–5 Payments under Fixed Price Construction Contracts (MAY 2014)

52.232-16 Progress Payments. (NOV 2021)

Alternate I

52.232-17 Interest. (MAY 2014)

52.232-23 Assignment of Claims (MAY 2014)

52.232-27 Prompt Payment for Construction Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations.(JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

Alternate I

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-2 Differing Site Conditions. (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work.

(Apr 1984)

52.236-5 Material and Workmanship (APR 1984)

52.236-6 Superintendence by the Contractor. (Apr 1984)

52.236-7 Permits and Responsibilities (NOV 1991)

52.236-8 Other Contracts. (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984)

52.236-10 Operations and Storage Areas. (Apr 1984)

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)

52.236-26 Preconstruction Conference. (Feb 1995)

52.236-28 Preparation of Proposals – Construction (OCT 1997)

52.242-13 Bankruptcy. (July 1995)

52.242-14 Suspension of Work (APR 1984)

52.243-4 Changes. (June 2007)

52.243-5 Changes and Changed Conditions. (Apr 1984)

52.244-6 Subcontracts for Commercial Products and Commercial Services (FEB 2024)

52.246-12 Inspection of Construction (Aug 1996)

52.246-21 Warranty of Construction (MAR 1994)

52.249-2 Termination for Convenience of the Government (Fixed- Price). (Apr 2012)

52.249-10 Default (Fixed-Price Construction). (Apr 1984)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.Acquisition.gov (End of clause)

52.253-1 Computer Generated Forms. (JAN 1991)

PART III: List of Documents, Exhibits, and Other Attachments

NONE

PART IV: Representations & Instructions

Section K Representations, certifications, and other statements of offerors or respondents http://www.acquisition.gov/

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 or 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 being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (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 paragraphs (a)(1) through (a)(3) of this provision

[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) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation (Jan 2017)

52.204-8 Annual Representations and Certification (DEC 2020)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-17 Ownership or Control or 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at , or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment(NOV 2021)

52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representations (Nov 2015)

52.209-5 Certification Regarding Responsibility Matters (AUG 2020)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision) 52.219-1 Small Business Program Representations. (NOV 2020)

(a) Definitions. As used in this provision-

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more…