N4523A20Q1313 Lektrievers.pdf

N4523A20Q1313

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

4 Each

Relocation of Lektrievers (4)

FFP

• Relocate two (2) cabinets From: Bldg. 850 rooftop trailers To: Bldg. 850 2nd floor. Test upon completion of relocation that lektrievers operate per OEM requirements.

• Relocate two (2) cabinets From: Bldg. 850 5th floor area To: Bldg. 435 1st floor.Test upon completion of relocation that lektrievers operate per OEM requirements.

FOB: Destination

MILSTRIP: N4523A20RC34381

PURCHASE REQUEST NUMBER: N4523A20RC34381

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

PERFORMANCE WORK STATEMENT

Relocation of Electronic File Storage Units

1. General: This is a non-personal services contract to provide Lektriever relocation services. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the Government.

1.1 Scope: The contractor shall provide all personnel, parts, tools, equipment, transportation, supplies and material necessary to complete the specific tasks of disassembling, relocating, reassembling, and testing the operation of each file cabinet in the new locations. Contractor shall coordinate with the Government POCs when moving the Lektrievers.

There are a total of four (4) each Kardex Remstar- Lektriever Electronic Lateral File Storage Cabinets; two (2) System Type: SYS-115-1511-NT-US serial 16005872 001/002 and two (2) System Type: SYS-120US-1311-NT- US serial 16000881 001/002 that the contractor shall relocate. The Contractor shall test all four (4) cabinets upon completion of the work to ensure the cabinets operate and are functional as intended by the Original Equipment Manufacturer requirements, and provide a 30 day labor guarantee in the event that there are technical issues within 30 calendar days following installation. See Attachment 1 for Technical Specifications.

If unexpected wear or broken parts are discovered during the disassembly of the Lektrievers, immediate notification is needed to be provided to the Government POCs before the Lektrievers are relocated. File Cabinet Site locations are as follows.

• Relocate two (2) cabinets From: Bldg. 850 rooftop trailers To: Bldg. 850 2nd floor.

• Relocate two (2) cabinets From: Bldg. 850 5th floor area To: Bldg. 435 1st floor.

1.2 Background: The four (4) each Electronic file storage cabinets are currently installed and functional.

Relocation of these file storage cabinets is necessary to create more room for office workspace expansion with the addition of personnel to support the shipyard mission.

1.3 Objective: The objective of this effort is to acquire Contractor service to relocate four (4) Electronic Lateral File Storage Cabinets that are currently located inside the CIA at Puget Sound Naval Shipyard, Bremerton WA.

1.4 Period of Performance: Work may begin after award of this contract and shall be completed no later than 90 workdays after award.

1.5 Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan.

1.6 Hours of Operation: The contractor shall conduct business between the hours of 0700-1600 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

1.6.1 Recognized Holidays: The contractor is not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7 Place of Performance: Inside Buildings 850 and 435. Both buildings are located inside the CIA (Controlled Industrial Area) at Puget Sound Naval Shipyard, Naval Base Kitsap in Bremerton, WA.

1.8 Security Requirements: Contractor personnel performing work under this contract must be US citizens and be able to obtain a confidential security clearance at time of the proposal submission, and must maintain the level of security required for the life of the contract.

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Requirement PWS Performance

Standards Allowable Deviation Surveillance M e t h o d Correction

Procedures Qualified Contractor shall disassemble, relocate and reassemble the equipment in the new locations adhering to Original Equipment Mfr. Specifications. After reassembly, the equipment shall be in working condition and function as Mfr.

intended. Contractor shall Warranty their workmanship (labor) for 30 days after completion.

Para 1.1 The equipment is installed at the requested locations per Mfr.

specifications, is in working condition and functions as the Mfr.

intended to their Specifications.

Upon discovery of any issues that prohibit the completion of the service to 100% Compliance the contractor shall report the issues to the Contracting Officer Representative (COR) to discuss possible contract modification.

COR will verify that the equipment is installed in the correct locations.

COR will verify that the equipment is working and functional as Mfr.

intended.

COR will verify that the equipment is still functional 30 days after completion of the service.

Government will seek an equitable price reduction or other adequate consideration for acceptance of nonconforming services.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Facilities: The Government will provide access (during normal business hours) to four (4) each File Storage Cabinets and access to the new location areas to support the work outlined in this Performance Work Statement.

3.2 Utilities: The file cabinets are powered by standard plug and cord. The Government will provide standard 20A dedicated circuits for all four (4) new cabinet locations and will make the final power connections after the file cabinets are relocated and installation is complete at the final locations.

3.2.1 The Contractor may use the standard electrical outlets that are located in the work areas to support the work outlined in the Performance Work Statement. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

4. GOVERNMENT POINTS OF CONTACT:

John Cooper (360) 204-2871, john.e.cooper@navy.mil Wendy Young, (360) 535-9795, wendy.young@navy.mil

TECHNICAL DATA

Electronic File Storage Cabinet Locations and Technical Data

1. Kardex Remstar‐ Lektriever Current Location: B850 Room 506.

Relocate to: B435 1st floor.

Equipment specifications:

Dimensions‐ 8’5” W x 4’ D x 8’5” H System Type: SYS‐115‐1511‐NT‐US S/N‐ 16005872/001 Year of Construction‐ 2016 Imbalance Load‐ 300kg Load per carrier‐ 150kg Branch Circuit Protection‐ ‐A Rated Operating Voltage‐ 2/PE110 V Frequency‐ 50/60 HZ Rated Operational Current‐ 16A Motor Power‐ 2 HP

2. Kardex Remstar‐ Lektriever Current Location: B850 Room 511 Relocate to: B435 1st floor.

Equipment specifications:

Dimensions‐ 8’5” W x 4’ D x 8’5” H System Type: SYS‐115‐1511‐NT‐US S/N‐ 16005872/002 Year of Construction‐ 2016 Imbalance Load‐ 300kg Load per carrier‐ 150kg Branch Circuit Protection‐ ‐A Rated Operating Voltage‐ 2/PE110 V Frequency‐ 50/60 HZ Rated Operational Current‐ 16A Motor Power‐ 2 HP

3. Kardex Remstar‐ Lektriever Current Location: B850 Rooftop Trailer M‐ 18170 Relocate to: B850 2nd Floor Rm. 208 Equipment specifications:

Dimensions‐ 10’ 9” W x 5’2” D x 7’6”H System Type: SYS‐120US‐1311‐NT‐US

S/N‐ 16000881/001 Total Load‐ 1820kg Imbalance Load‐ 300kg Load per carrier‐ 140kg Branch Circuit Protection‐ ‐A Rated Operating Voltage‐ 2/PE110 V Frequency‐ 50/60 HZ Rated Operational Current‐ 16A Motor Power‐ 2 HP

4. Kardex Remstar‐ Lektriever Current Location: B850 Rooftop Trailer M‐ 18171 Relocate to: B850 2nd Floor Rm. 208 Equipment specifications:

Dimensions‐ 10’ 9” W x 5’2” D x 7’6”H System Type: SYS‐120US‐1311‐NT‐US S/N‐ 16000881/002 Total Load‐ 1820kg Imbalance Load‐ 300kg Load per carrier‐ 140kg Branch Circuit Protection‐ ‐A Rated Operating Voltage‐ 2/PE110 V Frequency‐ 50/60 HZ Rated Operational Current‐ 16A Motor Power- 2 HP

BASE SECURITY

1. NAVAL BASE KITSAP (NBK) and/or PSNS & IMF CONTROLLED INDUSTRIAL AREA (CIA)

ACCESS:

1.1. Contractor personnel shall comply with all current badging and security procedure requirements for gaining access to Department of Defense (DoD) Installations/Government Sites. Access to Navy Installations or Sites may only be gained by obtaining a badge (either permanent or temporary) from the Visitor Control Center (VCC) in building 981 (Pass & ID). It is the contractor’s responsibility to check for, and obtain changes and updated information from the VCC on a continual basis.

1.2. The following Identification Cards (ID) are authorized by Naval Base Kitsap and Naval Station Everett to be used by visitors 12 years old or greater, while being escorted by a Civil Servant or Military member holding a current CAC Card, effective 2 February 2016:

• Drivers licenses from states other than Washington, Illinois, Minnesota, Missouri and New

Mexico (unless WA, IL, MN, MO and NM licenses are the “Enhanced” version)

• U.S. passport

• U.S. passport card

• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)

• Permanent resident card

• Border crossing card

• DHS-designated enhanced driver’s license

• Federally recognized, tribal-issued photo ID

• HSPD-12 PIV card

• Foreign government-issued passport

• Canadian provincial driver’s license or Indian and Northern Affairs-Canada card

• Transportation Worker Identification Credential (TWIC)

1.2.1. Contractor employees are required to have an individual identification badge as well as one (1) of the four (4) credentials listed below in their possession to gain access to job sites:

1.2.1.1. Common Access Card (CAC):

1.2.1.1.1. Contractors who have a need to access a government computer system may be eligible for a contractor CAC; most contractors are not eligible for a CAC. Contact the Contracting Officer’s Representative (COR) or Contracting Officer’s Security Officer for assistance as needed.

1.2.1.2. Single Day Pass:

1.2.1.2.1. Visiting vendors/contractors requiring infrequent access may obtain daily passes directly from the individual Navy Installation by submitting identification credentials for verification and undergoing a criminal screening/background check. A new pass is required to gain access each day. Passes are issued by Naval Base Kitsap (NBK). The Federal Bureau of Investigation’s (FBI) National Crime Information Center (NCIC) criminal database and FBI Terrorist Watch List will be checked daily prior to entry. In addition, NBK must check the Navy’s Consolidated Law Enforcement Operations Center (CLEOC) database to ensure an unescorted visitor has no objectionable criminal record, is not on the Terrorist Watch List and has not been previously debarred from entry onto any Navy Installation.

1.2.1.3. Defense Biometric Identification System (DBIDS) Program: Commander, Navy Installations Command (CNIC) has established the Defense Biometric Identification System (DBIDS) for access control to CNIC Installations via Entry Control Points (ECP). DBIDS is an enterprise identity management and perimeter installation access control solution in which Contractor personnel who enroll, and are approved, are subsequently granted access to the installation for a period up to three years, or the length of the contract, whichever is less, and are not required to obtain a new pass from the Base Pass and Identification Office for each visit. There are no fees associated with obtaining a DBIDS credential.

1.2.1.3.1. The Government performs background screening and credentialing.

Throughout the year the Contractor employee must continue to meet background screening standards. Periodic background screenings are conducted to verify continued DBIDS participation and installation access privileges. DBIDS access privileges will be immediately suspended or revoked if at any time a Contractor employee becomes ineligible.

1.2.1.3.2. Access to Installation. All Contractor personnel shall obtain access to the installation through enrollment and registration into the Defense Biometric Identification System (DBIDS). The Contractor shall provide the Contracting Officer with the name of their designated Service Contractor Administrator (SCA) for enrollment in DBIDS.

Contact the Contracting Officer’s Representative (COR) or Contracting Officer’s Security Officer for assistance as needed. Once enrolled, the

Contractor must provide the DBIDS Registrar with an approved employee list and then direct their employees to register into DBIDS.

1.2.1.3.3. DBIDS Credentials. Contractor employees shall furnish a completed copy of the SECNAV 5512/1 form to obtain the required background check and visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential once approved. The SECNAV 5512/1 form and additional information about DBIDS can be found at:

https://www.cnic.navy.mil/om/dbids.html.

1.2.1.3.4. The Contractor may initiate the adjudication process when a background screen failure results in disqualification from participation in DBIDS and the Contractor employees do not agree with the reason for disqualification. The Contractor may also apply for a waiver when a background screening failure results in disqualification from participation in DBIDS. The Commanding Officer will be the final waiver determination authority.

1.2.1.3.5. The Contractor shall immediately collect employee DBIDS credentials and notify the Contracting Officer in writing:

1.2.1.3.5.1. That an employee has departed the company without having properly returned or surrendered their DBIDS credentials.

1.2.1.3.5.2. That there is a reasonable basis to conclude that an employee, or former employee, might pose a risk, compromise, or threat to the safety or security of the installation or anyone therein.

1.2.1.3.6. DBIDS Paper Passes. In the event that a visitor, vendor, or Contractor employee elects not to participate in DBIDS, the individual will be issued DBIDS paper pass from the Base Pass and Identification Office in order to access to the installation. The time standard for the validity of a pass to access an installation will be not more than thirty (30) days and may be further restricted based on local policy or by Federal, DOD, Navy, and CNIC guidance. The Government will not be responsible for any cost or lost time associated with obtaining paper passes or added vetting or inspections incurred by non-participants in the DBIDS credentialing process.

1.2.1.4. Transportation Workers Identification Credential (TWIC):

1.2.1.4.1. Trucking and Longshoremen industry, to include Military Sealift

Command (MSC) personnel are authorized to use this credential for unescorted access so long as the holder also has in his/her possession an original Bill Of Lading indicating that the delivery of goods is within the perimeter of the host installation, or in the case of MSC personnel, the holder has in his/her possession, a current Merchant Mariner identification card.

1.3. For contractor individuals that require higher level access requirements such as Nuclear Work Areas

(NWA), Controlled Nuclear Information Areas (CNIA) areas or access to the Main Machinery Rooms of nuclear propelled ships or submarines, the Contractor’s Facility Security Officer ( FSO) shall; (1) submit each individual’s information into the Joint Personnel Adjudication System (JPAS) Visit Request program with Security Management Office (SMO) number 002515, and (2) Submit a completed DD254 (ensuring that block 10b is checked), and that the Naval Nuclear Propulsion Information (NNPI) security clause is listed in either the Security Section of the Statement of Work (SOW) or in the list of effective clauses for review by the Industrial Security Office. Additionally, a separate Visit Request List Form (PSNS&IMF Form 5512) must be submitted to the Contracting Officer’s Security Officer.

1.4. The contractor shall prepare a Visit Request List Form with Cover Letter on Company Letterhead for all prime contractor and subcontractor personnel required to access Navy Vessels in the CIA. The visit request will be submitted via email to the Contracting Officer’s Security Officer at christina.tobin@navy.mil. The cover letter will be a formal request for badging and access during the contract or delivery period of performance. The letter shall include (1) the purpose of access, (2) dates of validity (period of performance), (3) contract number, and (4) name of subcontractors to be employed.

The cover letter shall be signed by the Prime Contractors Facility Security Officer (FSO), and shall be received by the Contacting Officer’s Security Officer NO LESS THAN FIVE (5) FULL WORKING DAYS PRIOR TO THE REQUESTED START DATE (8-10 calendar days prior is recommended). If red badges are required (for contractor personnel to access Restricted Data/Naval Nuclear Propulsion Information-NNPI) there are additional screening and higher level approval requirements, which could take considerably longer. Therefore, personnel identified in the Visit Request List must have a valid requirement to gain access to Restricted Data/NNPI. The prime contractor shall bear full responsibility for the accuracy of the Cover Letter and Visit Request List. Note: Submitting a cover letter and/or list with incomplete information, errors or a blanket list of all company personnel (especially for all red badges) can significantly delay processing requests and result in not being authorized access in time to begin the period of performance. With good cause, as determined by the Contracting Officer or appropriate Security Personnel, access requests may be refused or amended at any time. Updates to the Visit Request List shall be made on an as needed basis. The C400 security office may be contacted at

(360) 979-3825 for questions regarding visit request processing.

1.5. The Visit Request List will be organized ALPHABETICALLY BY LAST NAME and contain the following information in column form (a spreadsheet template can be obtained by contacting the Contracting Officer’s Security Officer or COR).

• NAME (LAST, FIRST, MI)

• DOB (Date of Birth)

• POB (City & State)

• SSN (Social Security Number)

• CITIZENSHIP (Country)

• PROFESSION/TRADE

1.6. Contractor employees must be U.S. citizens to access PSNS & IMF owned or controlled spaces unescorted, to include ship's engineering spaces. Foreign Nationals will be issued "Escort Required" white badges only. Additionally, an approved special security plan indicating the proposed visit locations and route to and from the location must be utilized. This requirement adds 3 working days to the visit request process. U.S. citizens working for Foreign Owned or Controlled Companies requiring access, unless they fall under a Defense Security Service (DSS) security clearance, will be issued Green badges only suitable for general CIA access. Access by U.S. citizens working for Foreign Owned or Controlled Companies into more stringently controlled areas such as Nuclear Work Areas (NWA) require a security plan and escorts. Ensure personnel employed by Foreign Owned or Controlled Companies are clearly identified in Visit Request documents and in communications with the Contracting Officer's Security Officer. Security Clearance information, including confirmation of required red badges, shall be submitted to the Contracting Officer's Security Officer.

1.7. Badges will be picked up at the Naval Base Kitsap Visitor Control Center (VCC) in building 981. Each Contractor employee is REQUIRED to present proof of citizenship for on-site verification (not retention) at the VCC prior to obtaining a badge. This is a requirement for access into the CIA at PSNS&IMF, Bremerton, WA. All contractor employees requesting access shall be U.S. citizens. Acceptable proof of citizenship includes Original Birth Certificate (not a copy) or Current U.S. Passport.

1.8. Lack of a proper ID badge will result in denial of access to the Naval Installation, facility and/or the ship, resulting in a delay at the Contractor’s expense. If Contractor employees are providing a document with no photo, they shall also be required to present a current authorized official issue photo ID listed in paragraph 1.2 above.

1.9. Badges must be displayed on the outermost garment above the waist at all times. The only exception would be while the contractor personnel are engaged in work which could cause a safety hazard if the badge were worn while performing the work.

1.10. Contractor personnel are authorized to retain temporary badges until the badge expiration date or termination of employment. Upon badge expiration date, termination of employment, or completion of contract, the Contractor is required to immediately notify the Contracting Officer’s Security Officer and return all badges.

1.11. Lost or misplaced badges shall be reported immediately to the Contracting Officer’s Security Officer and

COR. If after hours, report lost or misplaced badges immediately to the Navy Emergency Services Command (NESCOM) at 360-476-3393.

1.12. Immediately notify the Contracting Officer’s Security Officer and the COR of any access problems or security concerns.

1.13. Vehicles Access to the PSNS & IMF CIA:

1.13.1. To grant Contractor Vehicle Access to the PSNS & IMF CIA, a list of vehicles, drivers, a copy of each vehicle registration and a justification for access shall be submitted for processing via PSNS & IMF Form 5530/25. Only company owned vehicles with the company name displayed on the vehicle’s exterior are allowed. Contractors are required to stop at PSNS & IMF Pass & ID Office with proof of valid, current Driver’s License, vehicle registration and proof of insurance, prior to receiving access.

1.14. Computers in the PSNS & IMF CIA:

1.14.1. Contractor owned computers must be inspected by Code 109 prior to bringing them into the CIA and shall have a PSNS&IMF AIS Security Survey for Visitor Computer Equipment Form PSNS&IMF 5239/49 (Rev. 8-07), approved by Code 109, on site at all times.

1.15. Contractor Employees shall adhere to PSNS&IMF NOTICE 5239.6 PORTABLE ELECTRONIC

DEVICE (PED) GUIDANCE.

1.15.1. Lap-top Computers and/or cell phones equipped with cameras are STRICTLY PROHIBITED inside all PSNS & IMF owned or controlled spaces or property (the CIA, DMF & YOKO Enclaves, etc.) and are subject to seizure by Installation Police and Shipyard Security Personnel.

1.15.2. ALL portable electronic devices are STRICTLY PROHIBITED onboard submarines (e.g.

phones, mp3 devices, computing devices, recording equipment, removable storage media, etc.).

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2020)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items: (Contracting Officer check as appropriate.)

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

X (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

(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 items: (Contracting Officer check as appropriate.)

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

X (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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(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 items. 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 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 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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

Any award resulting from this Request for Quote (RFQ) will be made based on the lowest evaluated priced offer that meets the Performance Work Statement (PWS) requirements.

TECHNICALLY ACCEPTABLE/UNACCEPTABLE EVALUATION RATINGS: RATING DESCRIPTION

ACCEPTABLE: Quote clearly meets the minimum requirements of the solicitation/PWS.

UNACCEPTABLE: Quote does not clearly meet the minimum requirements of the solicitation/PWS.

(b) Options. 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 option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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):

https://www.acquisition.gov/

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):

https://www.acquisition.gov/

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit…