N4008424Q0015_Combined_Synopsis_Solicitation.pdf

Subj: REQUEST FOR QUOTATION NO. N4008424Q0015/ ONLINE ENGLISH TRAINING FOR

NAVFAC FE, JAPAN

Combined Synopsis/Solicitation N4008424Q0015

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The solicitation number is N4008424Q0015 and is issued as a Request for Quotation (RFQ) for Online English Training for Naval Facilities Engineering Systems Command Far East (NAVFAC FE).

It is important to note that this combined synopsis/solicitation requesting a quote shall not be construed as obligating the Government to award a contract or authorizing work to commence and shall not serve as a basis for any future claims against the Government.

Section Instructions, Conditions and Notices to Bidders

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

ADDENDUM TO FAR 52.212-1

INSTRUCTIONS TO OFFERORS

Offerors shall comply with this “Instructions to Offerors”, “Solicitation/Contract/Order for Commercial Items (Standard Form 1449)” and “Evaluation Factors for Award” in the preparation of quotations. Offerors must thoroughly and fully review the solicitation and its attachments.

1. DESCRIPTION

This procurement is for online English training for NAVFAC FE as outlined in Attachment 2: Statement of Work.

Line item numbers(s) and items, quantities, period of performance are listed as follows:

CLIN DESCRIPTION Qty Unit of Measure

PERIOD OF

PERFORMANCE

0001 BASE PERIOD; the Contractor shall provide two (2) training sessions. (Pre-class preparation and coordination and class instruction including but not limited to providing placement test, total 50 hours of lectures for beginner, intermediate, and advanced level classes, end of course test, and after action report)

1 Task 12 months from award

0002 OPTION PERIOD 1; the Contractor shall provide one (1) training sessions. (Pre-class preparation and coordination, and class instruction, including but not limited to providing placement test, total 50 hours of lectures for beginner, intermediate, and advanced level classes, end of course test, and after action report)

1 Task 6 months after

CLIN 0001

expiration

0003 OPTION PERIOD 2; the Contractor shall provide one (1) training sessions. (Pre-class preparation and coordination, and class instruction, including but not limited to providing placement test, total 50 hours of lectures for beginner, intermediate, and advanced level classes, end of course test, and after action report)

1 Task 12 months after

CLIN 0002

expiration

0004 OPTION PERIOD 3; the Contractor shall provide one (1) training sessions. (Pre-class preparation and coordination, and class instruction, including but not limited to providing placement test, total 50 hours of lectures for beginner, intermediate, and advanced level classes, end of course test, and after action report)

1 Task 12 months after

CLIN 0003

expiration

0005 OPTION PERIOD 4; the Contractor shall provide one (1) training sessions. (Pre-class preparation and coordination, and class instruction, including but not limited to providing placement test, total 50 hours of lectures for beginner, intermediate, and advanced level classes, end of course test, and after action report)

1 Task 12 months after

CLIN 0003

expiration

The NAICS code for this procurement is 611630, Language Schools; Size standards in millions of dollars: $20.5.

2. APPLICABILITY

This solicitation is a Request for Quotations (RFQ), therefore the words “offer” and “offeror” may be construed to mean “quotation” and “quoter”, where appropriate, and the words “proposal” or “proposing” may be construed to mean “quote” or “quoting”, where appropriate.

Quoters are requested to hold quoted prices firm for 60 days after the date specified for receipt of quotes.

3. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

All offerors (i.e. whether individually or as a joint venture, etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database prior to the closing date for receipt of offer to be eligible for award and must have active Represenation and Certification in SAM.

Contractors may obtain information on registration and annual confirmation requirements via the SAM website https://sam.gov or by calling 866-606-8220 or 334-206-7828 for international calls and should complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

An offeror is required to be registered in SAM when submitting its quotation, and shall continue to be registered at all relevant times, i.e. time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All offerors are required to be registered in SAM at the time their offer/quotation/bid/proposal is submitted. Offerors with no active SAM registration upon receipt of their offer/quotation/bid/proposal shall be considered ineligible for award. A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status.

Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

4. FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer/quotation/bid/proposal, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer/quotation/bid/proposal, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number: N4008424Q0015 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg. 1828, 1F, Tomari-cho, Yokosuka, Kanagawa, 238-0001 Country (do not abbreviate) Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://pacific.navfac.navy.mil/Facilities-Engineering-Commands/NAVFAC-Far- East/About-Us/Contractors- Information/

However, offerors are advised to consult Title 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7 (see FAR 29.402-3, 31.205-41(b)(8)) for specific details and/or updates.

5. PRE-QUOTATION INQUIRIES.

All questions concerning this solicitation shall be addressed to Ms. Yuka Kondo at yuka.kondo.ln@us.navy.mil and Mr. Ross Yamato at ross.w.yamato.civ@us.navy.mil. Telephone inquiries will NOT be accepted. Responses to inquiries will be provided in the form of a Notice or an Amendment and will be posted to the Department of Defense (DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and Contract Opportunities on the System for Award Management (SAM) website at https://sam.gov/. The end date for any question submittal shall be Monday, 19 August 2024 by 14:30 Japan Standard Time (UTC +9 hours). Questions submitted after this date and time may not be answered. Please submit any questions to the Government using Attachment 2, Question and Answer Form.

6. AMENDMENTS.

The Government may amend this solicitation before the closing date. Any amendments made will be posted to the DoD Solicitation Module in the PIEE website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and Contract Opportunities on the SAM website at https://sam.gov/. Hard copies of the amendment(s) will not be mailed. It is the offeror’s responsibility to check the websites periodically for any postings or amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments. Contractors must acknowledge each amendment issued under this solicitation (if any) by completing the necessary section in Attachment 1, Price Schedule and submitting it with the contractor’s quotation package.

7. QUOTATION SUBMISSION

All quotations (with all required supporting documentation) shall be electronically submitted through the DoD Solicitation Module in the PIEE website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and/or by email so that they are received by 14:30 PM, Japan Standard Time (JST) on Thursday, 5 September 2024 (unless revised by formal amendment). Hard copy quotations will not be accepted.

Quotation Submission using Solicitation Module in PIEE

Quotations shall be submitted in English in Adobe PDF format (*.pdf) via Solicitation Module in PIEE.

In order to submit a quotation through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/. Interested offerors are encouraged to register for the required role as soon as possible.

To upload the quotation in Solicitation module in PIEE:

1. Ensure you have an active role as the Proposal Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the Solicitation Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml .

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for Status, select Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the Sign and Submit button to continue.

14. After successfully adding the Offer a success message of the submission will be displayed providing confirmation of on-time/late proposal receipt.

Additional information is available at:

https://pacific.navfac.navy.mil/Facilities-Engineering-Commands/NAVFAC-Far-East/About-Us/Contractors- Information/

Offerors are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors.

It is an Offeror’s responsibility, when transmitting its quotation electronically, to ensure the quotation’s timely delivery by transmitting the quotation sufficiently in advance of the time set for receipt of quotations to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror risks the late receipt and rejection of a quotation where it delays transmitting its quotation until the last few minutes before the time set for receipt of quotations. It is the responsibility of the Offeror to confirm receipt of quotations. Quotations that are received after the stated date and time in the solicitation shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

Quotation Submission by Email

Quotations shall be submitted electronically to:

Ms. Yuka Kondo at yuka.kondo.ln@us.navy.mil Mr. Ross Yamato at ross.w.yamato.civ@us.navy.mil

Quotes and supporting documentation should be submitted so that they are received by the Contracting Officer before the time and date identified as the deadline for the receipt of quotes to ensure that they will be considered for award.

No email sent shall be larger than 4 MB in size. If the proposing company must send multiple emails, then each email must be labeled with the subject as “Email x of n”, where x is the unique number and n is the total number of emails. The time stamp of when the email is received by the Contracting Officer shall be official, so please provide enough time when sending to allow for possible server delays.

It is an offeror’s responsibility to confirm the timely quote submission with the Government. Confirmation by telephone is recommended.

9. LATE QUOTATIONS

Notwithstanding subparagraph (f) of FAR 52.212-1, the Government reserves the right to consider late quotations, modifications, and revisions if the Contracting Officer determines such considerations are in the best interest of the Government.

10. PRE-AWARD SURVEY

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. The Government may make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements. The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three days of request. Failure to provide requested information, or a determination, after review of the information, of the offeror’s nonresponsibility, may result in rejection.

a. Summary of the Offeror’s experience in providing the requested services/supply required by the specifications.

b. Current financial statements and data.

c. Past performance record of prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor’s performance.

d. The Government intends to evaluate each offeror’s past performance history in the Supplier Performance Risk System (SPRS) for the Federal supply class (FSC) and product or service code (PSC) of the supplies being purchased, in accordance with DFARS 213.106-2. In the case of a supplier without a record of relevant past performance history in the SPRS for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

CLAUSES INCORPORATED BY REFERENCE

52.212-2 Evaluation - Commercial Items NOV 2021 52.217-5 Evaluation Of Options JUL 1990

EVALUATION FACTORS FOR AWARD

This is a solicitation for commercial items and is issued as a Request for Quotation (RFQ) in accordance with FAR

13.106. The Offeror must be an authorized dealer and/or manufacturer. Written quotes are required (oral offers will not be accepted). Submission of quotes must be in accordance with FAR 52.212-1, Instructions to Offerors, Commercial Items. The Government will award a Purchase Order on the basis of the lowest priced offer. Since award of the Purchase Order will be based on initial responses, offerors are highly encouraged to quote their most advantageous pricing in their initial response. Award of the Purchase Order will be made using the Simplified Acquisition Procedures in accordance with FAR 13.106-2 and FAR 13.106-3(a).

Basis for Award: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation at the lowest price will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical capability of the item offered to meet the Government requirement Past performance Price

1. The Government reserves the right to eliminate from consideration from award any or all quotes at any time prior to award of the contract(s) that do not conform to the solicitation; to negotiate with offerors in the competitive range;

and to award Purchase Order(s) to the responsible offeror(s) submitting the lowest price quote(s) that conforms to the solicitation (i.e., meets all minimum mandatory requirements specified in Attachment 1: Specification – Mandatory Characteristics for each item being purchased under this solicitation).

2. The Government intends to evaluate the quotes and award Purchase Order(s) without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

SUBMISSION REQUIREMENTS & BASIS OF EVALUATION,

(i) RFQ Submittal Requirements: The Offeror shall complete and submit the following in the order shown below:

(a) Price Schedule, Attachment 1, to include acknowledgements of amendments, if any;

(b) Completed Attachment 2: Statement of Work; and

(c) Completed Representations and Certifications, Attachment 3.

Note: The failure of an Offeror to complete and submit items a. and b. will result in the Offeror’s quote being deemed non-responsive and ineligible for further consideration for award. Submission of item c. is strongly encouraged to facilitate responsibility assessment per FAR 9.104-1 and validate eligibility to receive an award.

(ii) Basis of Evaluation:

(1) Technical capability of the item offered to meet the Government requirement - The Government will evaluate the extent of the conformance to the solicitation requirements on the Performance Work Statement (PWS) by review of acceptance of all PWS requirements indicated by the Offeror check boxes.

An offeror will be rated “Acceptable” if the offeror demonstrates that they meet and accept all identified requirements in the completed PWS.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements.

An offeror who receives an “Unacceptable” for this evaluation factor will be ineligible for award.

(2) Past performance – The Government will evaluate the offeror’s past performance in the Contractor Performance Assessment Reporting System (CPRARS).

An offeror who does not have any negative ratings will be rated “Acceptable”.

An Offeror will be rated “Unacceptable” if an offeor received negative rating in the CPARS.

An Offeror lacking relevant past performance history will receive an Acceptable rating.

An offeror who receives an “Unacceptable” for this evaluation factor will be ineligible for award.

(3) Price - The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the Request for Quote.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

AWARD OF PURCHASE ORDER

In accordance with FAR 13.004 (Legal effect of quotations) the Government intends to award a Purchase Order, to the responsive and responsible offeror submitting the lowest priced quotation. The solicitation does not commit the Government to make any award. The Government may cancel this solicitation or any part of it at any time. The Contracting Officer reserves the right to reject any and all quotations and to waive any information, or minor irregularities in quotations received.

To accept the Government’s Purchase Order, Offeror must sign block 30a to 30c of the SF1449 provided by the Contracting Officer.

(End of Addendum)

EXHIBIT/ATTACHMENT TABLE OF CONTENTS:

Title Date Pages Attachment 1: Price Schedule 30 July 2024 2 Attachment 2: Statement of Work 30 July 2024 1 Attachment 3: Representations and Certifications 30 July 2024 12 Attachment 4: Question Form 30 July 2024 1

Note: DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Offerors are encouraged to seek guidance from their own legal or cyber-security compliance advisors for advice concerning the 15 security controls required by FAR 52.204-21. Additional information is also available through the below webpage:

https://pacific.navfac.navy.mil/Facilities-Engineering-Commands/NAVFAC-Far-East/About-Us/Contractors- Information/

CONTRACT CLAUSES

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

Commercial Services

NOV 2023

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

JUN 2020

52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 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

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 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

252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

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: [Contracting Officer check as appropriate.]

X (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).

X (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).

X (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.

X (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).

____ (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).

____ (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).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (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. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

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

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 54 months.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS):

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS):

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

(a) Definitions. As used in this clause--

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this…