M00264-23-Q-0092 MCJROTC SLC.pdf

SEE ADDENDUM

(No Collect Calls)

M0026423Q0092 22-Jun-2023

b. TELEPHONE NUMBER

703-432-1668

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Jun 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M002649. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MELISSA B. CHABOT

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M305503306187

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCINCR - RCO

2010 HENDERSON RD

MELISSA CHABOT

QUNATICO VA 22134

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 703-432-1668

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$24,000,000

NAICS:

611710

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M0026423Q0092

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

IN SUPPORT OF

MARINE CORPS JUNIOR RESERVE OFFICER TRAINING CORPS

SENIOR CADET LEADERSHIP CHANLLENGE (SLC)

1. General: This is a non-personal service (s) contract to provide educational and logistical support services for the

Marine Corps Junior Reserve Officers’ Training Corps (MCJROTC) cadets under which the personnel rendering the service (s) are not subject, either by contract’s term or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. This is a service contract to provide facilities, curriculum development, personnel support, lodging, food service, medical support, equipment and instructors. The Government shall not exercise any supervision or control over the contract service provider preforming the services herein. Such contract service provider shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, food service support, supplies, facilities, tools, materials, supervision, and other items and personal services necessary to perform training. The Contractor shall furnish facilities, furniture, equipment, supplies, management, supervision, and labor to provide lodging accommodations and food service as specified herein, for the Junior Reserve Officers Training

Corps (JROTC) Cadet Senior Leadership Course (SLC) for 280 cadets for 2 (Two) 7-day events. In addition, the contractor shall develop a curriculum to support a Leadership Reaction Course (LRC) that is built on the Challenge

Course concept. This will include the development of the curriculum, the conduct of professional development for the staff that will be charged with executing the curriculum, and the supervision of the actual execution of the curriculum during the both of the seven-day long SLCs. The goal of this program is oriented toward increasing cadet’s awareness of Leadership rolls within MCJROTC and the cadet’s home community; enhancing their personal leadership and character development; inspiring academic excellence; increasing the desire to continue education beyond high school and increasing the desire to pursue leadership positions. The Contractor shall provide at least 1 instructor for every 12 cadets to coach, mentor, and guide groups of cadets through the seven-day cycle and complete a brief assessment/evaluation on each cadet at the end of the cycle. The Contractor shall also supply all required training facilities, equipment and instructors. Contractor is to provide all equipment as defined in this

Performance Work Statement (PWS) except for those items specified as government furnished equipment and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Cadet SLC’s are elective training opportunities for MCJROTC cadets. The general concept is to expand the knowledge of the small unit leaders by introducing to a series of leadership challenges that are common for high school students. SLC’s introduce cadets to the use of fundamental Marine Corps Leadership Skills in a lab like environment. The skills cadets acquired during SLC’s are paramount for the cadet to take on key leadership positions in their local MCJROTC program. MCJROTC goal is to have one cadet per host school attend a SLC.

1.3. Objectives: The contractor shall establish a Senior Cadet Leadership Course (SLC) for the purpose of developing JROTC cadets into becoming leaders in their school and community. The camp shall provide cadets an opportunity to live with, and interact with, cadets from other schools; provide an opportunity for physical fitness and citizenship exercises in an unfamiliar environment; and provide recreation and other activities not normally available to the cadets.

1.3.1. Government Point of Contact: The government Point of Contact (POC) will be provided upon award of contract. The government POC will provide approval of the final meal selection, final attendee count and confirmation of location and serving times.

1.4 Scope/General Requirements: The Contractor shall coordinate with the Fork Union Military Academy as it relates to the necessary facilities and amenities with meeting the objectives of this requirement. The Contractor shall arrange with the Fork Union Military Academy all reservations for facilities, lodging, logistical support, meals, training areas, and training activities for 280 JROTC cadets over this SLC training cycle located. The cycle will be run at two separate intervals with each interval supporting 140 Cadets. Camp One is 16-22 July 2023, Camp Two is

23-29 July 2023.

1.4.1 Lodging specifics: The Contractor shall coordinate with the Fork Union Military Academy (FUMA) to provide billeting for cadets in a dorm-style building located at FUMA and beds and linen are required for each individual.

Billeting must provide adequate bathroom facilities to include clean, working showers and sinks with hot and cold running water; toilets or toilets with urinals with running water. Shower curtains or some other form of shower barrier is required.

1.4.2 Meals specifics: The Contractor shall coordinate with the Fork Military Academy (FUMA) to provide 5,040 meals for cadets during the training cycle by the date and quantity listed below. Meals and beverages shall be based on contractor’s established menu cycle and shall include at a minimum; a primary entrée with a vegetarian substitute

(protein), three side dish options (vegetables and starches), fruit (breakfast), salad (lunch and dinner), bread

(breakfast and dinner), dessert (dinner), and a minimum of two beverage options at each meal. The contractor shall provide a menu for each meal. The menu shall be coordinated with the Government POC not later than 72-hours prior to the event and any changes agreed upon at that time.

1.4.2.1 Meals shall be served in the FUMA dining hall starting with the lunch meal on 16 July 2023, followed by breakfast, lunch and dinner each day until the final breakfast meal on 29 July.

1.4.2.3 Mealtimes shall be: 0700-0800 for breakfast, 1200-1300 for lunch and 1800-1900 for dinner.

1.4.2.4 The contractor shall provide serving equipment, chafing dishes, heating elements to maintain food temperature, serving utensils, disposable plates, cups, napkins, and utensils for requested meal and occupy the dining area for approximately one hour to serve each meal. Contractor shall maintain a professional demeanor when providing training activities and serving the food. Furthermore, food handlers must be aware of all food safety requirements for preparing and serving food for indoor and outdoor dining events.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract. Quality control will be assessed throughout the start of the training and complete when the event ends on the last day. The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Contracting Officer’s Representative (COR) for review within ten (10) days after the date of contract award. The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within 5 days. If the Government has provided comments, the Contractor shall then have 3 days to submit a Final QCP. After receipt of the Final QCP, the

Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than 5 days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable: (a) A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team; (b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc. timelines, deadlines, and goals); (c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses; (a) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future; and (b) How the Contractor will file and save all

Quality Control related documents for the life of the contract plus 5 years.

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

2. Training

2.1 Training Activities & Equipment (Curriculum). The contractor shall develop curriculum that includes instructional periods and other activities that will enhance the development and learning experience of participants.

The curriculum must provide cadets with hands-on activities that facilitate the evaluation and education of each cadet as they rotate into leadership roles with other cadets acting as subordinates. Each cadet must have multiple opportunities to lead as the primary decision maker, and additionally as leadership support.

2.1 1 Training areas and Training Activities (Programming and Staff): The Contractor shall coordinate with the Fork

Union Military Academy to provide training areas sufficient to develop a Leadership Reaction Course (LRC) and shall provide all lessons and activities to address team learning, small unit leadership and collaborative problem solving. The course needs to be developed based on the abilities of 13–18-year-old students.

2.1.2 The Contractor shall develop an LRC at the Fork Union Military Academy. The LRC shall be based on the challenge course concept and shall create environments/events/challenges suitably difficult to place an appropriate level of difficulty on a group size of 18-20 cadets, and additionally create or combine events with sufficient difficulty to challenge larger groups. The contractor shall develop the course curriculum to ensure that cadets are introduced to methods of fundamental Marine Corps leadership. The course must cover each of the leadership traits and principals and reinforce instruction through practical application on the LRC. The LRC challenges may incorporate the use of wooden platforms, ropes, tires, slack lines and other materials. The LRC may include or incorporate trees and standing structures at FUMA. At minimum the LRC elements shall include low ropes, obstacle negotiation and water crossing training. The LRC must incorporate no less than 30 graded elements. The contractor shall provide an LRC with the goals of increasing cadet’s awareness of academic programs and career fields

(outdoor learning activities); enhancing their personal leadership abilities (group obstacles), developing values and character required to successfully lead and operate in a professional environment (leadership positions); and inspiring academic excellence. The contractor shall provide all safety equipment needed for the conduct of the

LRC.

2.1.3 The Contractor, in coordination with FUMA, shall provide, instructional space/training events and facilities setup and breakdown, as required, instructional materials and equipment for cadets and other consumables as required.

3. Instructional Staff

3.1 The Contactor shall provide instructional and support staff. The instructor to student ratio must be no less then

1:12 during the periods of training. The period of training is from 0700-1900 during the 5 scheduled training days.

In off training hours the instructor to student ratio must be no less then 1:30.

3.1.1 The Contractor’s personnel shall wear clean clothing and present themselves with clothing that does not contain statements that may be offensive to the military or others.

3.1.2 Female Instructional Staff must be always present during the period of performance.

3.1.3 All instructional staff must have background investigation within the 90-days of contract award and shall be approved to work with children aged 13-18. The background investigation shall include FBI fingerprints and a check of the National Sex Offenders Registry.

3.1.4 The Contractor shall provide the Government with professional resumes of all persons both instructional & support staff who will be present during the POP.

3.1.5 The instructional staff must hold current certification from the Association for Challenge Course Technology

(ACCT).

3.1.6 The Contractor shall provide a Registered Nurse licensed to work in Virginia for this requirement throughout the duration of the POP. The Nurse must be on-site during all risk training and on call after hours (1900-0600).

4. Transportation

4.1 The Contractor shall coordinate with the Fork Union Military Academy (FUMA) to provide transportation to and from Charlottesville Airport for all cadets arriving or departing by air.

4.1.1 The Contractor shall provide transportation and supervision for any cadet requiring medical treatment.

5. Period of Performance:

5.1 This Period of performance is 16 July to 29 July 2023 at Fork Union Military Academy located at 4722 James

Madison Hwy, Fork Union, VA.

Dates

Camp One 16 July 2023 – 22 July 2023

Camp Two 23 July 2023 – 29 July 2023

5.1.1 Hours of Operation: The Contractor shall conduct business between the hours of 12:00 pm July 16, 2023, until the final departure of cadets at 12:59 29 July 2023.

5.1.2 Camp One will operate from 16-22 July 2023 and Camp Two will operate from 23-29 July 2023.

5.2 Security Requirements: The Contractor shall be required to establish adequate security measures to ensure a safe

SLC training experience for the JROTC Cadets in attendance.

6. Government Furnished Items and Services.

6.1. Services: The government will furnish a detailed feeding plan to the contractor a minimum of 10 days prior to the start of the event and will be updated as changes occur.

7. Administrative

7.1 All administrative actions must meet or exceed generally accepted academic standards outlined in the accreditation association granting accreditation to the institution.

7.1.1 Every reasonable effort must be made and procedures in place to assure the safety and well-being of cadets throughout all aspects of this program.

8. Performance Requirements Summary (PRS)

Requirement Objective Standards/Accep tance

Quality Limit

(AQL)

Surveillance

Method

Due (after awarding)

Camp 1 The Contractor shall provide facilities, lodging, logistical support, meals, training areas, and training activities for JROTC cadets IAW papa 1.4

100% complete Onsite

Delivery/Inspectio n

IAW anticipated camp dates

Camp 2 The Contractor shall provide facilities, lodging, logistical support, meals, training areas, and

100% complete Inspection of

Deliverables

IAW anticipated camp dates training activities for JROTC cadets IAW papa 1.4

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Cadet Leadership Camp 1

FFP

Educational and logistical support services for Marine Corps Junior Reserve

Officers' Training Corps (MCJROTC) Senior Cadet Leadership Camp.

Training shall be conducted at the Fork Union Military Academy, Fork Union, Virginia in accordance with the Performance Work Statement (PWS).

Camp One: 16 July 2023 - 22 July 2023

PURCHASE REQUEST NUMBER: M305503306187

NET AMT

0001AA 1 Each Camp 1

FFP

Educational and logistical support services for Marine Corps Junior Reserve

Officers' Training Corps (MCJROTC) Senior Cadet Leadership Camp.

FOB: Destination

PSC CD: R799

0001AB 1 Each Camp 1 Meals

FFP

Cadet Leadership Camp 2

FFP

Educational and logistical support services for Marine Corps Junior Reserve

Officers' Training Corps (MCJROTC) Senior Cadet Leadership Camp.

Training shall be conducted at the Fork Union Military Academy, Fork Union, Virginia in accordance with the Performance Work Statement (PWS).

Camp Two: 23 July 2023 - 29 July 2023

PURCHASE REQUEST NUMBER: M305503306187

0002AA 1 Each Camp 2

FFP

Educational and logistical support services for Marine Corps Junior Reserve

Officers' Training Corps (MCJROTC) Senior Cadet Leadership Camp.

0002AB 1 Each Camp 2 Meals

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0002 N/A N/A N/A N/A

0002AA Destination Government Destination Government

0002AB Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA 22-JUL-2023 1 N/A

0001AB 22-JUL-2023 1 N/A

0002 N/A N/A N/A N/A

0002AA 29-JUL-2023 1 N/A

0002AB 29-JUL-2023 1 N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

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

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 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

52.204-20 Predecessor of Offeror AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-2 Evaluation - Commercial Items NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.219-1 Alt I (Dev) Small Business Program Representations (Deviation 2023-

O0002) Alternate I

SEP 2015

52.219-8 Utilization of Small Business Concerns OCT 2022

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

DEC 2022

52.223-10 Waste Reduction Program MAY 2011

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.229-3 Federal, State And Local Taxes FEB 2013

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-17 Interest 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

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

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

252.215-7008 Only One Offer DEC 2022

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and

Explosives

SEP 1999

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7012 Preference For Certain Domestic Commodities APR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7014 Rights in Other Than Commercial Computer Software and

Other Than Commercial Computer Software Documentation

MAR 2023

252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.227-7020 Rights In Special Works JUN 1995

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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 Products and Commercial Services. 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 52.204-26, 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) Representations. 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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, 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) Representations.

(1) 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.

https://www.sam.gov/

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision -

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate -

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology -

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

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 service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

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

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned -

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern -

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), 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 the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the…