3.01 N00244-24-R-0084.docx

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PREVIOUS EDITION IS NOT USABLE STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

Notice of Combined Synopsis/Solicitation

1. This is a combined synopsis/solicitation for commercial products or commercial services 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; proposals are being requested and a written solicitation will not be issued.

2. This announcement constitutes the only solicitation; a Request for Proposal (RFP) is being requested no additional written solicitation will be issued. The Solicitation number is N00244-24-R-0084. The solicitation document and incorporated provisions and clauses are those in effect through latest Federal Acquisition Circular and DFARS change notices. This solicitation is issued as a Small Business set-aside.

3. Services are not currently being contracted for, this is a new requirement for Commander, Navy Region Southwest (CNRSW)

4. Contractor must complete all Representations and Certifications found in the provisions listed below within their profile in the System for Award Management (SAM) at http://www.sam.gov to be considered for this solicitation.

5. Inspection and acceptance: At Destination by the Government.

6. Contract Type: Order/ Contract resulting from this solicitation will be Firm Fixed Price (FFP).

7. This solicitation documents and incorporates provisions and clauses in effect through the latest FAC and DFARS change notices. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov

8. Post Award Contract Administration will be performed by NAVSUP Fleet Logistics Center San Diego, Code 250.

9. Payment: The US Navy anticipates using Wide Area Workflow (WAWF) to pay invoices IAW DFAR 252.232-7003

10. Requests for technical and or contractual clarification are to be submitted in writing. TECHNICAL QUESTIONS are to be submitted via e-mail to melissa.e.ferri.civ@us.navy.mil received no later than 3 days prior to closing of solicitation. Answers to questions will be provided in the form of an amendment to this solicitation.

Section Supplies or Services and Price

ENVIRONMENTAL WATER SECURITY SUPPORT

FFP

Services in accordance with the PWS as included herein.

FOB: Destination

MILSTRIP: 1301165399

PURCHASE REQUEST NUMBER: 1301165399 PSC CD: B533

NET AMT

Section Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section Deliveries and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section Contract Administration Data

CONTRACT ADMINISTRATION DATA

1741804 52C6 251 62583 0 050120 2D 000000

COST CODE: A00008323103 AMOUNT:

130116539900010

Section C - Descriptions and Specifications

WATER SECURITY PWS

Commander, Navy Region Southwest Water Security Support Performance Work Statement

1.0 Navy Region Southwest (NRSW) N40 office is tasked with ensuring future water sustainability and security in support of military operations for installations throughout the NRSW. A specific focus of interest are those installations that utilize their own groundwater (NAS Fallon) in state’s that are dealing with a severe water shortage and those installations covered under California’s Sustainable Groundwater Management Act (SGMA). NRSW seeks Subject Matter Expert support for its water resilience program, to focus specifically on groundwater/surface water program management and continuity. The position will require lead support for NRSW installation water rights litigation, manage technical aspects of water resources projects, provide briefings and reports, review documents, track federal, state, and local water resources requirements (e.g., Sustainable Groundwater Management Act (SGMA)), and coordinate with other Services in the West on water resilience issues.

2.0 Scope of Work and Deliverables

2.1 The Contractor will support water resilience program management in NRSW, to focus specifically on groundwater/surface water program management and continuity. The Contractor will lead the support for NRSW installation water rights litigation, manage technical aspects of water resiliency projects, assist in developing the framework for a sustainable water security program, manage federal and state water resources requirements (e.g., Sustainable Groundwater Management Act (SGMA)), and coordinate with other Services in the west.

2.2 The Contractor will be responsible for the following activities:

2.2.1 Assist Region Program Director (RPD) in coordination and communication to installation and Region SMEs by scheduling/drafting agendas/attending monthly meetings, providing email updates on current SGMA pending matters including meeting minutes, providing suggestions for and tracking issues being worked.

2.2.2 Develop the following deliverables in support of water sustainability program:

a. Construct a water usage analysis for each NRSW installation. A water usage analysis includes calculation/review of historic, current, and future water needs; a summary of the state permits that the installation holds, a list of any agricultural out lease usages and an installation use analysis or a project impacts analysis, if applicable.

b. Develop water sustainability guidance and strategy in accordance with Navy Chief Sustainability Officer Serial Two: Water Security and other current and future pending Navy and OSD policy, guidance, or instruction.

c. Attend and provide updates at the quarterly leadership briefings and other water resiliency briefs/slides that will be presented by the candidate or region staff.

d. Develop an executive summary and file folder containing all information collected for each installation.

2.2.3. Organize and support coordination meetings with installations, CNIC, DON and other Commands, when required.

2.2.4. In coordination with installation and region personnel, review proposed utility projects or any project with the potential to impact water resiliency to ensure regional water resiliency initiatives are addressed within scopes of work at installations throughout the Southwest.

2.2.5. Coordinate and review any data calls or congressional inquiries in coordination with Regional Program Director.

2.2.6. The candidate would review incoming draft legislation, regulations, and policy proposed by California, Nevada or Arizona (or their counties & cities) and evaluate and identify any impacts to water security for the Navy.

3.0 Position Qualifications:

3.1 Four year degree.

3.2 Must have current and ongoing experience with:

· Department of Navy water security policy, and water resiliency goals.

· Department of Navy water rights policy and Federal Reserve Water Rights

· Water resiliency projects and feasibility studies in support of projects, such as potable reuse, desalinization or others.

· Providing high level technical and policy briefings to Department of the Navy leadership related to water security (such as briefing slides, point papers, Executive Summary Memorandums, etc..)

· Analyzing state, federal, regional and local water conservation and management policies, regulations and statutes, including Executive Orders and the National Defense Authorization Act (NDAA) and determining the potential impacts to the water security of the Department of the Navy.

4.0 Place of Performance:

4.1 CNRSW prefers personnel perform at its San Diego location:

750 Pacific Coast Highway, San Diego, CA 92132

4.2 Washington DC residents may be considered, remote performance may be considered in this location however, personnel may be required to report to the CNRSW DC office upon request.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 27-SEP-2024 TO N/A See PWS Herein

26-SEP-2025

Section I - Contract Clauses

REVIEW OF AGENCY PROTESTS

The contracting activity, Fleet Logistics Center San Diego (FLCSD) will process agency protests in accordance with the requirements set forth in FAR 33.103(d).

Pursuant to FAR 33.103(d)(4), agency protests may be filed directly with the appropriate reviewing authority; or, a protester may appeal a decision rendered by a contracting officer to the reviewing authority.

The reviewing authority for FLCSD is the Director, Regional Contracts Department, Fleet Logistics Center San Diego at 3985 Cummings Road, San Diego, CA 92136-4200. Agency procurement protests should clearly identify the initial adjudicating official, i.e., the "contracting officer" or "reviewing official".

Offerors should note this review of the Contracting Officer's decision will not extend GAO's timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.

UNIT PRICES

Contractor unit prices, when incorporated into a Government contract, may be releasable under the Freedom of Information Act (FOIA) in the event NAVSUP FLCSD receives a FOIA request.

CLAUSES INCORPORATED BY REFERENCE

(JUN 2020) -- Alternate I

Influence Certain Federal Transactions

Transactions

Agreements or Statements

Subcontract Awards

Certifications.

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities

Video Surveillance Services or Equipment

and Video Surveillance Services or Equipment

Representation.

Responsibility Matters

Corporations

Liability or a Felony Conviction under any Federal Law

Products and Commercial Services

Products and Commercial Services (DEC 2022) Alternate I

Commercial Services

Order 14026

While Driving

Subcontractors

Damage

Officials

Officials

Controls

Contractor Reported Cyber Incident Information

Incident Reporting

Support

-- Representation

Telecommunications Equipment or Services -- Representation

Telecommunications Equipment or Services

Model Certification Level Requirement

Reports

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation. (Deviation 2021-O0003)

Services

Property

Documentation/Instructions

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

Addendum to 52.212-1 (Section L):

1. GENERAL INSTRUCTIONS

1.1 This section provides general instructions for preparing proposals as well as specific instructions on the format and content of the proposal. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements in addition to those identified as evaluation factors. Taking exception to any provision in the solicitation without addressing the exception with the contracting office before the proposal due date specified within the solicitation will render the proposal ineligible for award.

1.2 The Government intends to award this contract without discussions. Notwithstanding this intent, the Government reserves the right to conduct discussions with Offerors in the competitive range, if necessary and permit such Offerors to revise their proposals.

1.3 An Offeror’s proposal is presumed to represent the Offeror’s best efforts to comply with the solicitation requirements. Clarity and completeness of the proposal are of the utmost importance. The proposal must be written in a practical, clear, and concise manner. It must use quantitative terms whenever possible and must avoid qualitative adjectives to the maximum extent possible. Offerors are cautioned against restating PWS requirements in their proposal, particularly with regard to technical requirements and must state how all RFP and PWS requirements will be met. Statements such as "the Offeror understands" and "the Offeror shall/can comply", along with responses that paraphrase the RFP, are inadequate. The use of phrases such as "standard practices" (with a specific government reference or industry reference) does not indicate that an Offeror understands the requirements and will likely result in a diminished evaluation rating.

1.4 The offer should be complete as submitted and not include references to data or information previously submitted. Data previously submitted to the Navy, if any, will not be incorporated “by reference” into the offer and will not be considered in the evaluation of the proposal.

1.5 At the Government’s discretion, the Contractor’s proposal may be incorporated into the final contract, either in whole or in part.

1.6 The Offeror’s proposal shall remain valid for at least 120 calendar days after the proposal due date.

1.7 Questions regarding any aspect of this procurement must be submitted in writing to the Contract Specialist. Other methods of submitting questions are not authorized and will not be acknowledged or addressed. Both questions and answers will be posted to the Government Point of Entry for all parties to view. The Government will make every attempt to answer all questions in a timely manner. However, questions submitted within three days of the posted closing date may not allow for ample time to respond, and Offerors cannot be guaranteed a response will be issued. All questions must be submitted by date referenced on solicitation.

2. PROPOSAL FORMAT AND CONTENT

2.1 The Offerors proposal shall be submitted in severable volumes based on the Factors as set forth below and all information specific to each Factor shall be confined to that volume. Failure to provide any volume may result in the proposal being given an Unacceptable rating. Information provided shall be specific to each Factor.

2.2 The Offeror’s proposal shall consist of three (3) separate volumes:

Volume I – Technical Volume II – Past Performance Volume III – Price Note: All information pertaining to price data shall be included exclusively in Volume III. Under no circumstances shall any pricing data be included elsewhere in the proposal.

2.3 Each volume must include the Cover Sheet. The cover sheet shall include:

· Title – CNRSW Water Security Services

· Volume Name (Technical and Price)

· Volume Number

· Name and address of the offeror, point-of-contact (POC), title, telephone number, fax number, email address, Taxpayer Identification Number (TIN), and Commercial and Government Entity (CAGE) code.

· Table of Contents – The table of contents shall provide enough detail to easily locate all important elements of the proposal.

Data submitted directly to the Government by subcontractors in support of the prime offeror’s price proposal shall follow the above format. In addition, the prime offeror shall be prominently identified. All submissions are subject to the posted submission requirements including the posted closing date and time.

2.4 All text shall be single spaced and on white background with black color font (Black and white requirement does not apply to graphics or photos. Company stationary and logos are acceptable). Cross-references should be utilized to preclude unnecessary duplication of data between sections. Digital copies shall be provided in Microsoft Word, PDF, PowerPoint, and/or Excel.

2.5 Electronic copies of all offers are to be submitted by e-mail. All copies must be able to be printed out single-sided, on either an 8.5” by 11” paper or 11’ by 17’ paper for diagrams, charts, or graphic materials. Minimum font type size 10, Times New Roman font or similar common desktop environment font is to be used. Pages of each volume must be numbered consecutively. All offers must be received by date posted through www.sam.gov. The posted closing date and time applies to all electronic copy submissions.

3. SPECIFIC VOLUME INSTRUCTIONS

3.1 VOLUME I: TECHNICAL

NOTE: Data previously submitted, if any, will not be used in the evaluation of this Request for Proposal. Therefore, previously submitted data should not be included in proposals “by reference”.

3.1.1 The technical proposal should be written so that the government can make a thorough evaluation and arrive at a sound determination as to whether the proposal meets the requirements of this solicitation. To this end, the technical proposal shall be so specific, detailed and complete as to clearly and fully demonstrate that the prospective contractor has a thorough understanding of and ability to perform the technical requirements contained in the PWS.

3.1.2 The technical proposal shall be page numbered, contain a table of contents, be organized in the order specified for technical sub-factors below: Factor I: Technical Approach/ Staffing Plan

3.1.3 The proposal shall not exceed the limits stated below. The maximum page requirement excludes cover sheets, tables of content, or separation/index pages. Page limitations are as follows:

(1) Factor I: Technical Approach/ Staffing Plan: Maximum of 20 pages including resume, manning charts, and matrix. All manning charts and matrixes are permitted to be submitted on fold-out pages.

(Fold-out pages shall not exceed 14 inch by 17 inch.)

Note: To ensure fairness to all Offerors, the above page limitations must be strictly enforced by the Government’s evaluation process. Material over and above the page limitation established for any one plan will not be reviewed and / or evaluated by the Government.

3.1.4 Factor I Technical Approach/ Staffing Plan: Offerors shall provide, in detail, an approach that will demonstrate the Offerors’ understanding and ability to perform the requirements listed in the performance work statement for on-going day-to-day operations. Offerors will be evaluated on their ability to support PWS requirements specifically as it relates to Navy regulations and guidance, as well as their ability to engage in full performance of the Contract once the firm receives notice of award. The offer must not merely repeat the solicitation requirements, but rather must provide convincing documentary evidence in support of conclusive statements of how contract requirements will be met. Acceptable documentary evidence can be in the form of capability statements and resumes.

3.2 VOLUME II – PAST PERFORMANCE

3.2.1 The past performance evaluation factor assesses the degree of confidence the Government has in an Offeror’s ability to supply products and services that meet users’ needs, based on a demonstrated record of performance.

3.2.2 Offerors should provide relevant past performance information for similar or related work under contracts completed during the last three years. Offerors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation. Each Offeror has the opportunity to provide in its proposal any information regarding its past performance of contracts similar to the Government's requirement that it would like the Government to consider. The Offeror may include Federal, State and Local Government, and private sector contracts.

N0024424R0084

3.2.3 Offerors should provide the following information below. There is a limit of three past performance entries.

a. Contract Number and, in the case of Indefinite Delivery type contracts, Federal Supply Schedule contracts, and Blanket Purchase Agreements, also include Delivery Order Numbers

b. Customer/Agency (name, e-mail address, and telephone number)

c. Contracting Officer and Technical Point of Contact (name, email address, and telephone number)

d. Brief description of the scope of work: Offerors shall provide a specific narrative explanation of each contract describing the objectives achieved and detailing how the effort is relevant to the requirements of this solicitation.

e. Contract type (specific type such as Fixed Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.) f. Award Price

g. Total Labor-Hours of Effort

h. Period of Performance

i. Contract Deliverables

3.2.4 For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence.

3.2.5 Offerors may submit past performance information regarding the following: predecessor companies, key personnel who have relevant experience and subcontractors that will perform major aspects of the requirement.

3.3.1 The price proposal shall cover all aspects of the proposed effort. Data contained in the price proposal shall be consistent with data contained in Volume I. Since adequate price competition is anticipated in response to this announcement, certified cost and pricing data is not required.

3.3.2 The Offeror is required to submit a price proposal breakdown for each CLIN included in the Schedule of Supplies/Services of the Solicitation. For an offer to be considered reasonable, applicable base rates must at a minimum meet the applicable wage determination or collective bargaining agreement. The proposal shall include employees’ vacation, sick pay, and other fringe benefits. The Offeror must state explicitly whether any exceptions are taken to the terms and conditions of the solicitation. If so, the Offeror shall list, and provide its rationale for any such exception. Any comments or exceptions must be addressed in this section and may form the basis for an Offeror to be considered ineligible for award. Alternate proposals are not authorized and will be rejected.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

1.0 Addendum to 52.212-2 (Section M):

1.1 This procurement will be conducted in accordance with FAR 13.5. The award resulting from this solicitation will be a Firm Fixed Price (FFP) task order. Award will be set-aside 100% for small businesses.

1.2 Award will be made to the responsible Offeror whose offer conforms to the solicitation requirements and is determined to be the Best Value Offeror after performing a Best Value Tradeoff analysis, where non-price factors are significantly more important than price.

1.3 The Government intends to award this contract without discussions. Therefore, the Offeror's initial proposal should contain the Offeror's best terms from a cost or price and technical standpoint. Notwithstanding this intent, the Contracting Officer reserves the right to conduct discussions, a matter within his/her discretion. In the event discussions are held, a competitive range determination will be made. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

1.4 To be eligible for inclusion in the competitive range and subsequent award, the Offeror must fully comply with the instructions included in Section L (Instructions, Conditions, and Notices for Submission of Offers), and sufficiently address all solicitation requirements. Taking exception to any requirement in the solicitation without addressing the exception with the contracting office before the proposal due date specified within the solicitation will render the proposal ineligible for award.

2.0 EVALUATION FACTORS

2.1 The Government will evaluate proposals based on the following factors and sub-factors: Factor I – Technical/ Staffing Plan Factor II – Past Performance Factor III - Price

2.2 Factor I (Technical) and Factor II (Past Performance Confidence) are listed in descending order of importance. The non-cost factors [Factor I (Technical), Factor II (Past Performance Confidence), when combined, are more important than Factor III (Price).

2.3 Factor I (Technical): Technical Approach. A rating of “Unacceptable” will render the entire proposal as unacceptable and, therefore, ineligible for award.

3 FACTOR I – TECHNICAL

3.1 The Government will assess the Offeror’s Technical proposal with respect to its compliance with the solicitation requirements and the risk associated with the Offeror's approach through the assessment of the strengths, weaknesses, and deficiencies.

3.2 Technical Approach. The Government will evaluate the Offeror’s submission to determine the Offeror’s understanding of, approach to, and ability to meet the solicitation requirements based on the information provided as required by “Instructions to Offerors.” The contractor’s technical information will be used to determine whether the items or services proposed meet or exceed the requirements/ salient characteristics included in the PWS.

Each factor will be evaluated using the ratings below.

TABLE M-1 COMBINED TECHNICAL/RISK RATING

strengths and/or at least one significant strength, and risk of unsuccessful performance is low.

of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.

unsuccessful performance is no worse than moderate.

understanding of the requirements, and/or risk of unsuccessful performance is high.

and/or risk of performance is unacceptably high.

4.0 FACTOR II – PAST PERFORMANCE

4.1 The assessment of the Offeror’s past performance will be used by the Government as a means to evaluate the relative capability of the Offeror and other competitors to successfully meet the requirements of the PWS and as a measure of performance risk for contract award. The government’s assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of an offeror’s performance on list of contracts, but rather the product of subjective judgment of the government after it considers all available relevant and recent information.

4.2 Each past performance data sheet will be evaluated to determine whether the work performed by the Offeror is recent and relevant to the instant requirement. Relevant past performance is performance under contracts accomplished within the past three (3) years that is of the same or similar scope, complexity, and magnitude to that which is described in the solicitation. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/ support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting.

4.3 The Government will assign one relevancy rating for each past performance effort submitted using the four levels of relevancy as shown in “Past Performance Relevancy Rating” Table below. Past performance of greater relevancy will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance. Past performance reference that that has no relevance to the instant requirement will not be evaluated favorably or unfavorably and will not be considered in the overall assessment of Past Performance Confidence.

“Past Performance Relevancy Rating” Table

effort and complexities this solicitation requires.

complexities this solicitation requires.

complexities this solicitation requires.

effort and complexities this solicitation requires.

4.4 Each past performance reference under each offeror’s Past Performance submission that is found to have at least some relevance to the instant requirement will be evaluated to determine the quality of the offeror’s performance under that reference. The Government will focus its inquiry of the Offerors record of performance as it relates to timeliness, quality, cost control, and customer satisfaction.

N0024423R0089

4.5 Quality of the relevant past performance will form the basis for the Offeror’s overall rating for Past Performance.

Past performance will be rated using the ratings defined below:

TABLE M-2 PAST PERFORMANCE

successfully perform the required effort.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Government has a low expectation that the offeror will successfully perform the required effort.

successfully perform the required effort.

5.0 FACTOR III – PRICE

5.1 Price will not be scored or rated. Evaluation of price will be performed using one or more of the proposal analysis techniques in FAR 15.404-1(b). Through these techniques, the Government will determine whether prices are reasonable and complete (to include all prices contained in the Schedule of Supplies/Services of the Solicitation).

5.2 Total Evaluated Price will be calculated by multiplying the unit price times the 12-month quantity as indication in CLIN 0001, above. Offerors must ensure it provide BOTH the unit and extended price in its proposal. The government reserves the right to request additional pricing information if required.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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)).

N0024423R0089

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (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: [Contracting Officer check as appropriate.]

XXX (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.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XXX (9) 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).

XXX (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(11) [Reserved]

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

(13) 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).

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

(17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

(v) Alternate IV (SEP 2021) of 52.219-9.

XXX (19) (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.

XXX (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

XXX (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

(24) 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)).

XXX (25) 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)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

XXX (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XXX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XXX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XXX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XXX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

XXX (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

XXX (33)(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.

XXX (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

XXX (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XXX (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

XXX (37) 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) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

XXX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

(50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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.

(51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (52) 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).

XXX (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).

(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).

(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).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.