M6740024Q0087 Combine Synopsis Solicitation.pdf

M6740024Q0087

OPEN MARKET REQUEST FOR QUOTATION

Solicitation No. M67400-24-Q-0087

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 , as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is not a small business set -aside; therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR

19.000(b) applies.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024 -06 and Defense Federal

Acquisition Regulations Supplement Publication Notice (DPN) 202400729. THIS

NOTICE CONSTITUTES THE ONLY SOLICITATION.

Please see the below for the requirement's details:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Parking Services

FFP

The Contractor shall provide parking services at the MCAS Futenma flightline in support of the Futenma Flightline Fair in accordance with the Performance Work

Statement (PWS).

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: R699

NET AMT

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-OCT-2024 TO

06-OCT-2024

N/A N/A

FOB: Destination

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

Parking Services in Support of the Futenma Flightline Fair

NOTE: The subject requirement will be processed under the Subject to the Availability of Fund (FAR 52.232-

18)

1.0 General

MCAS Futenma requires parking services in support of the Futenma Flightline Fair. The Contractor shall provide all transportation, lodging, equipment, tools, food, water, personnel, supervision, and management to assist with controlling, directing, parking and guiding vehicles of visitors to Futenma’s Flight Line Fair on October 05 – October

06, 2024, with no additional cost to the US Government. The Contractor will without any additional expense to the

US Government obtain necessary licenses and permits applicable to execute this PWS.

1.1. Description of Services/Introduction.

Futenma Installation estimates the requirement for approximately (40) parking attendants at approximately (10) different on base locations during the event. In the event that personnel do not showing up for duty (for any reason) as stated in this PWS, the Contractor must provide alternate individual(s) that can fulfill the duties as stated in this

PWS. The Contractor must provide personnel that are able to stand and communicate for long periods of time (IAW with local work-rest labor laws). The Contractor must provide personnel that are legal to work in Japan (IAW with local labor laws). Due to a language barrier the Contractor must provide personnel that have a basic understanding of how to communicate with visitors, preferably all members have the ability to speak and understand English. If the

Contractor provides personnel that cannot speak or read English, then they will provide one (1) English speaking employee/supervisor for every three (3) non-English speaking employee. The English proficiency must be equivalent to a “3” in EIKEN test. All personnel that the Contractor provides must have a basic Japanese conversational skill that is equivalent to “N5” in Japanese Language Proficiency Test (JLPT). The Contractor will appropriately plan to manage two (2) operations that encompass the movement of vehicles and pedestrians that will be entering and exiting

Marine Corps Air Station Futenma and manage the parking of the vehicles in an organized fashion. The primary entrance and exit for the Futenma Flight Line Fair will be Gate #1 and Gate #3. For Parking, the airfield is designated as the main parking area for all vehicles attending the event. The Contractor will have the responsibility of managing the following traffic into and out of MCAS Futenma in a safe and timely manner. It is anticipated that between 35,000 to 45,000 visitors will attend this event. Any vehicles entering MCAS Futenma that are visiting the event will enter the predesignated Gates and park in a centralized/predesignated location. The services will begin at approximately

1100 and will end at approximately 2300 on both days.

1.2. Scope of Work and Objective.

Due to anticipated high-volume of traffic (foot/vehicle), vehicle movement and parking which must be managed efficiently to ensure a smooth flow of visitors at the entrance, exit and parking locations. The Contractor will work to avoid any obstructions to the regular flow of traffic. The speed/fluid motion of vehicle traffic can range from 5 kph to 35 kph, depending on multiple factors (i.e., time of day, weather and etc.). The flow of said traffic is unknown and the Contractor must be prepared to handle numerous vehicles in queue attempting to enter/exit and park aboard MCAS Futenma. The Contractor will ensure that all space(s) identified is used efficiently and safely.

For pedestrian foot traffic including visitors being dropped off, the Contractor will ensure that pedestrian traffic does not impede vehicle traffic and vice versa to ensure traffic flows continuously. Any vehicle that is not granted access to MCAS Futenma will be “turned around” and the Contractor shall assist the vehicle(s) with turning around to ensure a safe departure that does not prolong the flow of traffic for an extended amount of time. After entry to

MCAS Futenma the vehicle(s) will proceed to the event area via a controlled route and the Contractor will assume responsibility in ensuring that vehicles are parked in an orderly manner. Parking should be as close as possible to the actual event with an identified standoff distance from the event along with safe space for emergency vehicles, visitors, and pedestrians to move smoothly and safely to the event area via the parking lot. Vehicle placement, spacing and the strategy for parking will be planned by the Contractor. At the conclusion of the event (both nights) the Contractor will again control the flow of traffic from the parking area(s) to ensure exit routes flow smoothly and safely via predesignated controlled routes. The Contractor management team will ensure that no vehicle turn against the flow of traffic to prevent any vehicle collisions. The Contractor will make best effort to coordinate with the local authorities/agency in regard to the traffic control devices (i.e., traffic lights) to adjust the “Green Light” to increase the opportunities for vehicles to exit MCAS Futenma with a larger flow window. The timing of the “Green

Light” would assist in mitigating any delays while exiting MCAS Futenma at the end of the event on both nights. In the event of emergencies, the Contractor must contact emergency services immediately (i.e., Law Enforcement, Medical Services or Fire Department). The Contractor must be able to assist with evacuation or controlling movement of personnel/vehicles. This may include helping manage traffic during accidents, assisting expedited movement of emergency responders by redirecting and/or stopping the flow of vehicle or pedestrian traffic as needed. If there is a risk of loss of life or serious bodily injury, the Contractor will immediately contact emergency services. For any off-installation emergencies both the local police authorities and PMO shall be notified. The

Contractor will be expected to meet with the MCAS Futenma Mission Assurance members prior to the MCAS

Futenma Flight Line Fair once scheduled, to solidify execution strategies.

1.3. Period of Performance.

(Saturday) October 05, 2024 from 1100 to 2300

(Sunday) October 06, 2024 from 1100 to 2300

1.3.1. Federal Holidays. The Contractor shall not be required to provide services on federal holidays unless the holiday is particularly specified otherwise in this PWS.

Federal Holiday Occurrence

New Year’s Day 1 January*

Martin Luther King Jr.’s Birthday 3rd Monday of January

President’s Day 3rd Monday of February

Memorial Day last Monday of May

Juneteenth 19 June*

Independence Day 4 July*

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11 November*

Thanksgiving Day 4th Thursday of November

Christmas Day 25 December*

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S.

government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday.

In addition to these federal holidays, if the President of the United States issues an executive order.

closing the federal government, that date shall also be considered a recognized federal holiday (Reference

Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statues insofar as they relate to the pay and leave of employees of the United States).

1.3.2. Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of

Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military

Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 7:30am.

2.0 Place of Performance. The work to be performed under this contract will be performed at:

Marine Corps Air Station Futenma in support of the Futenma Flight Line Fair.

3.0 Technical Requirements (Description of Work / Tasks)

3.1 The Contractor will provide sufficient (estimated 40) parking attendants at approximately (10-12) different on base locations during the event. If personnel do not show up for duty (for any reason) the Contractor must provide alternate individual(s) that can fulfill the duties as stated in this PWS. The Contractor is responsible for providing their staff with any special requirements, i.e.: golf carts, canopies for shade for breaks or emergencies, and delivery of water and food.

3.1a The Contractor must provide personnel that are able to stand and communicate for long periods of time (IAW with local work-rest labor laws). The Contractor must provide personnel that are legal to work in Japan (IAW with local labor laws).

3.1b Due to a language barrier the Contractor must provide personnel that have a basic understanding of how to communicate with visitors, preferably all members have the ability to speak and understand English. If the Contractor provides personnel that cannot speak or read English, then they will provide one (1) English speaking employee/supervisor for every three (3) non-English speaking employee. The English proficiency must be equivalent to a “3” in EIKEN test. All personnel that the Contractor provides must have a basic Japanese conversational skill that is equivalent to “N5” in Japanese Language Proficiency Test (JLPT).

3.2 The Contractor will appropriately plan to manage two (2) operations that encompass (1st) the movement of vehicles and pedestrians that will be entering and exiting Marine Corps Air Station Futenma and (2nd) manage the parking of the vehicles in an organized fashion. The primary entrance and exit for the Futenma Flight Line Fair will be Gate #1 and Gate #3. For parking the airfield is designated as the main parking area for all vehicles attending the event. The

Contractor must be prepared to handle numerous vehicles in queue attempting to enter/exit and park aboard MCAS

Futenma.

3.2a The Contractor will have the responsibility of managing the following traffic into and out of MCAS Futenma in a safe and timely manner. It is anticipated that between 35,000 to 45,000 visitors will attend this event. Any vehicles entering MCAS Futenma that are visiting the event will enter the predesignated Gates and park in a centralized/predesignated location. The Contractor will work to avoid any obstructions to the regular flow of traffic to include ensuring pedestrian traffic does not impede vehicle traffic and vice versa to ensure traffic flows continuously. Any vehicle that is not granted access to MCAS Futenma by approving authorities will be “turned around” and the Contractor shall assist the vehicle(s) with turning around to ensure a safe departure that does not delay the flow of traffic for an extended amount of time. See attachment 1 for routes and parking area diagrams.

3.2a(1) After entry to MCAS Futenma the vehicle(s) will proceed to the event area via a controlled route and the

Contractor will assume responsibility in ensuring that vehicles are parked in an orderly manner.

3.2a(2) At the conclusion of the event (both nights) the Contractor will again control the flow of traffic from the parking area(s) to ensure exit routes flow smoothly and safely via predesignated controlled routes. The Contractor’s management team will ensure that no vehicle turn against the flow of traffic to prevent any vehicle collisions.

3.2a(3) The Contractor will make their best effort to liaison with the local authorities/agency regarding the traffic control devices (i.e., traffic lights) to adjust the “Green Light” to increase the opportunities for vehicles to exit MCAS

Futenma with a larger flow window. The timing of the “Green Light” would assist in mitigating any delays while exiting MCAS Futenma at the end of the event on both nights.

3.2b Vehicle placement, spacing and the strategy for parking will be planned by the Contractor. Parking should be as close as possible to the actual event and there will be an identified standoff distance from the event along with safe space for emergency vehicles, visitors, and pedestrians to move smoothly and safely to the event area via the parking lot.

3.3 In the event of emergencies, the Contractor must contact emergency services immediately (i.e., Law

Enforcement, Medical Services or Fire Department). The Contractor must be able to assist with evacuation or controlling movement of personnel/vehicles. This may include helping manage traffic during accidents, assisting expedited movement of emergency responders by redirecting and/or stopping the flow or vehicle or pedestrian traffic as needed. For emergency contact information, please reference attachment 1.

3.4 The Contractor will be expected to meet with the MCAS Futenma Mission Assurance members prior to the

MCAS Futenma Flight Line Fair once scheduled, to solidify execution strategies. Expect the meeting will commence two weeks prior to execution, post contract award, and will be scheduled via separate correspondence.

3.5 The Contractor shall be ready to provide services at 1100 and will end at 2300 on both days.

4.0 Delivery or Deliverables

4.1. (Contract Data Requirements List – CDRL). N/A

4.2. Meetings and Status Reports. The Contractor will be expected to meet with the MCAS Futenma Mission

Assurance members prior to the MCAS Futenma Flight Line Fair once scheduled, to solidify execution strategies.

Expect the meeting will commence two weeks prior to execution, post contract award, and will be scheduled via separate correspondence.

5.0 Applicable Documents / Governing References. In addition, requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the Contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work

Statement, as listed below, including any amendments or subsequent issuance.

Reference Location

Station Policy Letter 3-21 Visitor Access Share point: available upon request

Station Order 3120.1 Installation Protection Program Share point: available upon request

6.0 Government Furnished Facilities, Equipment, Services and/or Information. N/A

7.0 Special Instructions and Administrative Information

7.1. Non-Personal Services. This is a non-personal service, performance-based contract. The Contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

7.2. Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, Contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as Contractor employees (including subcontractors and consultants). All Contractor employees shall always comply with the following:

7.2.1. Telephone Identification. Identify themselves as Contractor personnel at the onset of every telephone call made from a government telephone or any other phone if the call is made in support of Government-related requirements and activities.

7.2.2. Recorded Messages. Identify themselves as Contractor personnel in all recorded messages including those, which are heard by callers attempting to contact Contractor employees via answering machines or voicemail.

7.2.3. Meetings, Conferences and Events. Identify themselves as Contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any Government related requirements or activities.

7.2.4. Correspondence. Identify themselves as Contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including, but not limited to, correspondence sent via the U.S. Mail, facsimile, or electronic mail (email) inclusive of out-of-office replies.

7.2.5. Personal and Corporate Identification. Wear or display Contractor provided nametags, badges or attire which display, at a minimum, the name of the Contractor and their respective company.

7.3. Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering Marine Corps Bases Japan (MCBJ) Camps, Air Stations, or facilities. A listing of

DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204

(Designated Third Country Nationals), which can be made available upon request.

7.4. Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint

Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment, and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption

Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese

Tax Office.

7.5. Subcontract Management. The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime Contractor will manage work distribution to ensure there are no

Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

7.6. Mission Essential Personnel / Tasks. Unless specified otherwise in this Performance Work Statement, Contractors supporting this contract/order are not considered “Mission Essential” personnel (as defined in DFARS

237.76) who would be required during crisis or emergency operations.

7.7. Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive

4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a

DOD installation shall participate in local Voluntary Protection Programs (VPP). Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html http://www.osha.gov/dcsp/vpp/index.html

7.8. Installation Access and Personnel Credentialing

7.8.1. Motor Vehicles. Vehicle licensing, registration, and insurance requirements must all be conducted in accordance with host nation law, USFJ Instruction 31-205, and applicable local installation policies.

7.8.1.1. Registration/Permits. Vehicle registration on Okinawa, Japan is conducted with the Provost Marshal via the

Joint Services Vehicle Registration Office (JSVRO) at Bldg. 5638, Marine Corps Base, Camp Butler. Information may be obtained at JSVRO website at: https://www.mcbbutler.marines.mil/Base-Information/Vehicle-Registration/, or by calling +81-(0)98-970-7481.

7.8.1.2. Registration Termination. Vehicle permits will expire upon termination date of this contract/order, expiration of an individual base pass or DBIDS ID, expiration of vehicle inspection sticker, or termination of their employment (whichever occurs first). Permits issued to individuals who overstay any of these authorized dates become void and invalid.

7.8.1.3. Insurance. Vehicle permitting procedures require that all vehicles, personal or corporate, must be properly inspected and insured in accordance with Japanese Compulsory Insurance (JCI) requirements. Additionally, for

SOFA status personnel and U.S. corporate vehicles, the Contractor or SOFA status individual is required to procure and maintain, during the entire period of performance under this contract, the following minimum insurance on each vehicle used by the Contactor at the work site:

Automobile Property Damage Insurance Amount: ¥30,000,000 (or U.S. Dollar equivalents)

Bodily Injury Insurance Amount: ¥30,000,000 Yen (or U.S. Dollar equivalents)

Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance for any and all corporate vehicles to be used. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting 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.

7.8.1.4. Road Laws. All personnel operating motor vehicles under this contract/order are subject to U.S. military installation regulations and Japanese Road Laws. Failure of the Contractor, its employees, or its sub-contractors, to comply, may result in revocation of driving privileges or other legal action.

7.8.1.5. Vehicle Disposal. Personnel protected under the Status of Forces Agreement (SOFA) are required by regulation to properly dispose of vehicles prior to departure from Japan. For individuals performing under this contract, the Contractor may be held financially liable for vehicles abandoned, or vehicles not disposed of properly, in accordance with vehicle regulations as agreed with the Government of Japan.

7.8.2. Personnel Access / Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The Contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and

POP. Failure to complete such actions in a timely manner, some of which may occur prior to the POP or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the

Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

7.8.2.1. Common Access Cards (CAC). N/A

7.8.2.2. Base Passes and/or Defense Biometrics Identification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations

Pacific Order 5512.2, which can be provided upon request. The process to request access requires approval from the

Contracting Officer in an access request letter.

https://www.mcbbutler.marines.mil/Base-Information/Vehicle-Registration/

7.8.2.3. Return and/or Disposal of Access Credentials. The Contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer.

The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

7.8.2.4. Status of Forces Agreement. Possession of a CAC or other credential does not, alone, determine the legal status of personnel performing under this contract. Additionally, unless specifically identified on the CAC, the credential does not necessarily authorize logistical support privileges such as commissary/exchange access. The individual status of personnel performing under this contract, and the privileges authorized, are governed in accordance with United States Force Japan Instructions (predominantly USFJI 64-100), applicable credentialing regulations, and the information prescribed via DFARS clauses regarding Contractor Personnel in Japan, as contained herein.

7.9. Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the Contractor and its personnel performing under this contract/order. The regulation may subject the Contractor and/or Contractor's personnel to criminal liability under

Title 18, Section 793 and 7908 of the United States Code.

7.10. Classified information. N/A

7.11. Key Control. N/A

7.12. Travel. No Travel is Authorized.

7.13. Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the government may conduct Quality

Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.

8.0 Acronym Key

9.0 Definitions

SECTION II PERFORMANCE REQUIREMENT SUMMARY

Task Performance Objective

PWS

Reference Performance Standard

Acceptable

Quality

Level

Surveillance

Method Incentive

Traffic Flow The Contractor will control the flow of pedestrian and vehicle traffic as outlined in the PWS.

3.1 – 3.2b Direct and control movement of vehicles and pedestrians that will be entering and exiting Marine Corps

Air Station Futenma via Gate #1 and

Gate #3 from 1100 to 2300 daily.

Accuracy:

100%

100 %

Inspection

Payment

Event

Parking

The Contractor will direct and manage the designated parking area(s)

3.1 – 3.2b Manage the parking of the vehicles in an organized fashion in the designated parking area(s) from 1100 to 2300 daily.

Accuracy:

100%

100 %

Inspection

Payment

End Performance Work Statement

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

MAY 2024

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

Commercial Services

NOV 2023

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

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

252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 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)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and

10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see

FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY

2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41

U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

____ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31

U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013)

(31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

Officer check as appropriate.]

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

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

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___…