B01.01 Combined Synopsis_Solicitation-FY25-BOA-On-Ramping-2024.09.13.pdf

Combined Synopsis/Solicitation

PANERD-24-P-0000-001928 – W912DY-20-R-0066

Technology Insertion BOA FY25 On-Ramping

FOR OFFICIAL USE ONLY-SOURCE SELECTION SENSITIVE (WHEN COMPLETED)

COMBINED SYNOPSIS/SOLICITATIOIN

Technology Insertion BOA – FY25 On Ramp

This notice is being posted as an avenue to provide Request for Proposals PANERD-24-P-0000- 001928 / W912DY20R0066. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 16, as supplemented with additional information in this notice. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-95, effective 13 January 2017. North American Industrial Classification Code (NAICS) 334111 - Electronic Computer Manufacturing applies to this procurement, and the business size standard is 1,250 employees.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION FOR THIS

BOA ON- RAMPING OPPORTUNITY. PROPOSALS ARE BEING REQUESTED AND

A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This will be a full and open competition procurement.

Title of Requirement: Basic Ordering Agreement On-Ramping (BOA) for Supercomputer Technology Insertions (TI).

Description of Requirement: The U.S. Army Engineering Research and Development Center (ERDC) is issuing this combined synopsis/solicitation to interested firms with the capability to on-ramp onto an existing suite of BOAs for supercomputer Technology Insertions (TIs) in support of the High Performance Computing Modernization Program (HPCMP). The estimated total remaining capacity across the BOA is $169 remaining for the ordering period. The existing BOA suite was established in October 2021 with a five (5) year life cycle, ceasing on 03 October 2026. This notice is an invitation to any size business concern to provide a capability statement in response to this requirement. This announcement seeks to evaluate industry's ability to provide sustainable, state-of-the-art, High Performance Computing (HPC) capability for the Department of Defense (DoD) Research, Development, Test, and Evaluation (RDT&E) community. This requirement is in direct support of the DoD HPCMP's mission - to accelerate the development and transition of advanced defense technologies into superior warfighting capabilities by exploiting and strengthening U.S. leadership in supercomputing, communications, and computational modeling. The HPCMP continues to enhance its ability to support DoD and the warfighter through the acquisition of balanced HPC systems for four DOD Supercomputing Resource Center (DSRCs). The Government is interested in uncovering industry's ability to deliver balanced, commercially available, production-grade HPC systems, which contain an appropriate combination of processor, memory, disk I/O, interconnect, and operating system (OS) capabilities in order to conduct complex, tightly-coupled, large-scale, scientific calculations.

Submission Requirements: Proposals should be e-mailed to Contract Specialist, Mr. Kevin J.

Culley at kevin.j.culley@usace.army.mil and the Contracting Officer, Ms. Melissa K. Lynn at melissa.k.lynn@usace.army.mil, by 17 October 2024, at 1500 Central Standard Time.

Basis for Award: The BOA will be made to firms that are technically acceptable, responsible and responsive to the instructions and technical requirements of this Combine Synopsis/Solicitation.

The Government reserves the right to cancel this solicitation. This announcement does not obligate the Government to award an agreement, nor does it obligate the Government to pay for any proposal preparation costs.

EXECUTIVE SUMMARY

A.1 Background. The United States DoD HPCMP fulfills the supercomputing requirements of DoD scientists and engineers by (1) acquiring the most advanced, leading-edge computational architectures and supporting these systems with complementary specialized expertise; (2) maintaining the Defense Research and Engineering Network (DREN) which tailors digital networking and security technologies to securely deliver computational capabilities to the distributed DoD RDT&E community; and (3) leveraging code development and improvement efforts across Government, industry, and academia in order to supply innovative HPC software application codes.

Technology Insertion (TI) solutions will be fielded primarily at the following four DSRCs and will encompass the unique requirements of each center:

• U.S. Army Research Laboratory (ARL) DSRC, Aberdeen Proving Ground, Maryland

• U.S. Army Corps of Engineers (USACE), ERDC DSRC, Vicksburg, Mississippi

• Air Force Research Laboratory (AFRL) DSRC, Wright-Patterson Air Force Base, Ohio

• U.S. Navy DSRC, John C. Stennis Space Center, Mississippi

Each DSRC provides an HPC computational environment with a full range of resources including hardware, software, networking, data storage, archiving, and visualization. To ensure the continued effectiveness of the DSRCs, an insertion of new technology is conducted, estimated programmatically at $68.75M per year with seven (7) one-year options at the individual order level for administration and/or maintenance support of the supercomputing hardware procured that has an estimated value of $2.75M per year. The projected annual obligation amounts for the TI program are based on historical program data and future program requirements.

A.2 Objective. The primary objective of this BOA is to provide the HPCMP with world-class high performance computing capabilities for the DoD. The BOA holders will be responsible for providing the Government with balanced, commercially- available, production-grade HPC systems, which contain an appropriate combination of processor, memory, disk Input/Output (I/O), interconnect, and Operating System (OS) capabilities in order to conduct complex, tightly-coupled, large-scale, scientific calculations.

A.3 BOA Information. BOAs are not contracts, but written terms and agreements to do business.

Each BOA will contain terms, conditions and clauses applying to future contracts (orders) between the parties. Additional clauses may be added at the order level, along with a description of the services to be provided; and methods for pricing, issuing, and delivering future orders under the BOA. The basic framework of the orders will be identified by contract line item numbers (CLINs). Each BOA will be reviewed annually and revised as necessary to conform to the requirements in accordance with FAR Subsection 16.703(c) (2). At the time of the annual reviews, new BOAs may be issued to enlarge the pool of contractors if they qualify and meet the criteria established in the Request for Proposal (RFP) through an “on ramp” process. The “on-ramp” RFP will be posted on www.sam.gov and will contemplate orders for a specific FY. This process will satisfy FAR Part 6 competition requirements for the orders. The Government does not have a target number of BOAs to be issued. All Offerors who receive an “Acceptable” Rating for Factor 1, Technical and at least a Satisfactory or Neutral Confidence in Past Performance will be issued a BOA. Award shall not be made to any offeror with a solution that contains deficiencies. Awardees of this BOA will be eligible to compete for ERDC Fiscal Year (FY) 2025 HPCMP TI BOA Orders. For FY 2025 and future FYs, ERDC will offer an “on-ramp” opportunity for new qualifying firms. Offerors must be registered in SAM to receive a BOA. The SAM website is https://www.sam.gov.

A.4 BOA Term. The current BOAs have an ordering period of five (5) years from the effective date of 04 October 2021. Those firms that are on-ramped to the BOA will have a shorter overall ordering period for the remaining term of the BOA ending on 03 October 2026.

A.5 Binding Contract. In accordance with (IAW) FAR 16.703 at the time an order is issued under a BOA, the order becomes a binding contract Task Order (TO) between the contractor and the Government. The estimated total capacity across all awarded BOAs is approximately $169M for the remainder of the ordering period.

A.6 ERDC is the only agency authorized to issue orders under this BOA.

A.7 ERDC is the only authorized ordering office and no other agency can make changes to the BOA. Other USACE offices, upon authorization from ERDC, may be delegated this authority, in which case, an advance written notice will be given to the contractors. The U.S. Army Engineering and Support Center may also transfer BOA orders to other USACE offices for administration. Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this agreement, you shall not proceed with the change and shall immediately notify the Contracting Officer. BOA holders are not guaranteed any orders, awards, or minimum guarantee.

Section B - Reserved.

Section C - Descriptions and Specifications https://www.sam.gov/

TECHNOLOGY INSERTION BASIC ORDERING AGREEMET

PERFORMANCE WORK STATEMENT (PWS)

16 July 2024

1.0 OBJECTIVE

The primary objective of this BOA is to provide the HPCMP with world-class high performance computing capabilities for the United States DOD. The BOA holders will be responsible for providing the Government with balanced, commercially available, production-grade HPC systems, which contain an appropriate combination of processor, memory, disk I/O, interconnect, and OS capabilities to conduct complex, tightly coupled, large-scale, scientific calculations.

2.0 DESCRIPTION

2.1 Locations

Requirements for each order will be located primarily at the following four DSRCs and will encompass the unique requirements of each center:

• AFRL DSRC, Wright-Patterson Air Force Base, Ohio

• ARL DSRC, Aberdeen Proving Ground, Maryland

• U.S. Navy DSRC, John C. Stennis Space Center, Mississippi

• USACE, ERDC DSRC, Vicksburg, Mississippi

2.2 System Manufacturing Capabilities

To satisfactorily complete the work, the contractor must be a United States of America Original Equipment Manufacturer (OEM) with expert knowledge of Federal Government and industry-recognized national standards for advanced computing and communication technologies.

Targeted system attributes, at the order level, may include the following, with specific orders having varying requirements. These are meant to be illustrative of an exemplar HPC system.

• A high ratio of peak CPU memory bandwidth to peak CPU floating point capability.

• 256 GB to 4 TB of random-access memory per compute node with single bit correction and multibit error detection.

• No less than 512 total compute nodes spanning a range of node types to include:

• A range of supported processor socket counts, and

• Nodes with and without support for PCIe devices (e.g. nonvolatile memory express

(NVMe) storage, general purpose graphic processing units (GPGPUs))

• Multiple petabyte scalable high-performance file systems with all metadata stored on solid state devices, no single point of failure, and protection from double storage device failures (e.g. RAID6)

• Aggregate data transfer rates between the compute nodes and each file systems ranging from 20 GB/s to 1 TB/s.

• An ability to simultaneously mount multiple file systems on all login nodes and all compute nodes or a subset of file systems on a subset of nodes.

• A high number (500,000+) of I/O operations per second (IOPs) using 1, 32, and 128 active nodes for the following file operations for each parallel file system:

• Open,

• Stat,

• Open and stat simultaneously, and

• Unlink.

• A tightly integrated interconnect with:

• Each link having at least 100 Gbps of bandwidth per processor socket, and

• An end-to-end latency that is no greater than 3µs (three microseconds).

• A well-tuned Federal Information Protection Standard (FIPS) compliant operating system (OS) with low jitter, configured in accordance with DISA security technical implementation guides (STIG).

• A 10/40/100 gigabit Ethernet interface (or higher data rate) for both internal and external connectivity with IPv4 and IPv6 dual-stack functionality

• Workload management software that supports SELinux and can launch jobs using container-based solutions (e.g. Docker, Shifter, Apptainer)

• An appropriate number of job scheduling nodes with:

• Suitable job scheduling software and

• Adequate memory, processing capability, and redundancy.

• Use of HPCMP Kerberos and HPCMP Public Key Infrastructure (PKI) authentication software.

• Use of HPCMP Secure Shell (SSH) communication software furnished by the Government.

• Adherence to the following power quality standards:

• Computer Business Equipment Manufacturers Association (CBEMA),

• Information Technology Industry Council (ITIC),

• Semiconductor Equipment and Materials International (SEMI) F47, and

• International Electrotechnical Commission (IEC) 61000-4-11/34.

• Three-phase power cabinet supply with a preference for a voltage of 480V

• A liquid-cooling solution that removes no less than 98% of the heat generated by the system.

• Login nodes and data transfer nodes which contain the same processor type as the compute nodes to facilitate compiling, data transfer, and other interactive functions, but contain more memory per core, additional 10/40/100 Gbps network interfaces, and with support for machine learning accelerators (e.g. GPGPUs).

• A Test and Development System (TDS) that facilitates effective system software testing, user code porting, and base system configuration management that is a smaller version of the base system, configured with similar hardware, software, file system, and I/O attributes.

• An ability to execute as many of the software packages listed on the HPCMP’s software web page as possible: https://centers.hpc.mil/software.

• No less than three suites of high-level language compilers targeting each processor type included in the system:

• GNU Compiler Collection (version 12.3 or higher) and

• At least one commercially supported suite.

• No less than two implementations of MPI with at least one being compliant with the MPI- 3.1+ standard.

• Support for JavaScript, Go, and Perl scripting languages.

• Latest version of Python 3 and Jupyter notebooks with as many of the following extensions as possible:

• NumPy,

• MPI4Py,

• SciPy,

• PyTorch, and

• IPython.

• A development environment that includes the following features:

• Multiprocessing APIs (including OpenMP)

• Standard computational libraries (including BLAS, BLACS, FFTW, LAPACK, and

ScaLAPACK)

• Accelerator computational libraries/compilers (including vendor specific, OpenCL, and OpenACC)

• Performance libraries including the Performance API (PAPI)

• Integrated development environment

• Application performance instrumentation tools including:

• No less than one code profiler that interfaces with PAPI, and

• No less than one tool that provides MPI messaging statistics.

• A high level of system reliability with a high overall effectiveness level and a low number of user/job interrupts.

• A high level of performance over processor ranges of no less than 8,192 and not greater than 65,536 processor cores on high performance applications and libraries including the following codes:

• GAMESS

• CTH

• HYCOM

• FFTW

2.3 Administration and Maintenance

System Administration of the systems may be required as part of the overall specific system order requirements. When required, System Administration shall be performed by the Offeror 24 hours per day, 7 days per week (over seven (7) one-year options at the individual order level with BOA holders ensuring that (1) the monthly system effectiveness level does not fall below 97%, and (2) the monthly number of user/job interrupts does not exceed the maximum allowable (which is determined by dividing the number of nodes in the base system by one hundred).

Requirements for System Administration will be dependent on the specific order and shall be identified for the order/system in any Request for Proposal submitted to the BOA holders to support individual Technical Insertion requirements.

In all requirements, Hardware and Software maintenance for the systems shall be maintained by the Offeror with 24 hours per day, 7 days per week system maintenance (over five one-year options at the individual order level) and therefore must ensure that (1) the monthly system effectiveness level does not fall below 97%, (2) the response time for remedial maintenance is less than four hours (some orders may require a short response time), (3) new software is tested and ready for operation prior to implementation on the base system, and (4) software/hardware security vulnerabilities are addressed in a timely manner.

3.0 SECURITY REQUIREMENTS

Since the HPCMP will predominantly place awarded system at DOD facilities, BOA holders must have sufficient personnel with no less than SECRET level clearances for the purposes of system installation, capability testing, effectiveness level testing, administration, and maintenance.

All personnel requiring privileged access to any system and/or supporting network/security components must have:

• An adjudicated Tier 5 background investigation,

• A clearance commensurate with the classification of the system,

• An Information Assurance Technician (IAT) Level II or III certification (see https://disa.mil/NewsandEvents/Training), and

• Computing environment certifications specific to all relevant operating systems.

4.0 PUBLIC AFFAIRS

The BOA holder must not publicly disclose any data generated or reviewed under this agreement.

The BOA holder must refer all requests for information concerning projects to the Contracting Officer for comment. Prior to release, the Contracting Officer must approve any articles for any publication.

5.0 SUBMITTALS

The PWS identifies all submittal requirements at the order level. These may include but are not limited to:

• Safety plans,

• Quality control plans,

• Project schedules,

• Testing plans,

• Testing results, and

• Closeout documentation.

6.0 REPORTING REQUIREMENTS

The PWS establishes all reporting requirements at the order level. Typical reporting requirements are monthly however, each order will identify the specific requirements for that procurement.

7.0 POINTS OF CONTACT

The following lists the BOA level POCs. The PWS may identify further POCs at the individual order level. All correspondence related to this BOA and all orders must include the Contracting Officer.

7.1 Contracting Officer:

Melissa K. Lynn melissa.k.lynn@usace.army.mil

7.2 Acquisition Project Manager:

Lloyd W. Slonaker, Jr.

lloyd.slonaker@us.af.mil

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7001 Warranty Of Data MAR 2014

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE

0001 N/A N/A N/A N/A 0002 N/A N/A N/A N/A mailto:melissa.k.lynn@usace.army.mil mailto:lloyd.slonaker@us.af.mil

CLAUSES INCORPORATED BY REFERENCE

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment To The Cost Bearer

JAN 2023

Section G - Contract Administration Data

G.1. Contract Administration Office The contract administration office for this agreement is located at the following address:

U.S. Army Engineering Research and Development Center (ERDC)

ATTN: ERDC-CT

Address: 3909 Halls Ferry Rd Vicksburg, MS 39180-6133

G.2. Contracting Officer Representative (COR) The COR for this Agreement is: To be determined at the BOA Individual Task Order level.

G.3. Program Manager The Program Manager for this contract is: David P. Stevens U.S. Army Engineering Research and Development Center (ERDC) Phone: 202-573-0887

G.4. Contracting Officer (KO) The Administrative Contracting Officer (ACO) for this agreement is: Melissa K. Lynn U.S. Army Engineering Research and Development Center (ERDC)

ATTN: ERDC-CT

G.5 Identification of Correspondence All correspondence and data submitted by the Contractor under this Contract shall reference the Contract and be submitted to the Contracting Officer at the address in G1.

G.6. Electronic Funds Transfer (EFT) Government shall utilize the Electronic Funds Transfer method of payment. The following web site will provide information and the authorized form for EFT payments by the paying activity located in Millington, TN.

http://www.usace.army.mil/Finance-Center.

G.7. Army Electronic Invoicing Instructions All invoices must be submitted to the U.S. Army Engineering Research and Development Center (ERDC) for technical review and payment. The preferred method for submitting invoices is through the Resident Management System.

Finance Center POC and Phone: To be provided at BOA order award.

Questions concerning payments should be directed to the USACE Finance Office at:

U.S. ARMY CORPS OF ENGINEERS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 Ordering Procedures. At the time orders are issued on the BOA, the order becomes a binding contract/TO between the contractor and the Government. Funding will be provided at the order level only. Each individual order will contain the required terms and clauses for that particular requirement (previously agreed upon in the BOA). The CLINs on the orders will be Firm Fixed Price (FFP). The CLINs will be for the TIs and the maintenance and/or administration of the systems. A solicitation will be issued for each individual TI requirement and the proposals will be evaluated against the evaluation factors identified under that TI order requirement. In accordance with the programmatic Acquisition Plan for this requirement, the Government will evaluate order proposals based on the following evaluation criteria:

- Qualitative Technical

- Past Performance

- Small Business Participation

- Life Cycle Price Per Unit Performance

H.2 Order Pricing. All requirements will be solicited as FFP orders, with all requirements being fully defined at the time of issuance of each TI solicitation. The Government will evaluate all aspects of the price proposals of the individual TI requirements for fairness, reasonableness, balance, and affordability.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

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

SEP 2023

52.212-2 Evaluation—Commercial Products and Commercial Services.

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate

II

NOV 2016

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-6 Payment Under Communication Service Contracts with

Common Carriers

APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.246-19 Warranty Of Systems And Equipment Under Performance

Specifications Or Design Criteria

MAY 2001

52.246-19 Warranty Of Systems And Equipment Under Performance Specifications Or Design Criteria

MAY 2001

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 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

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

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

NOV 2020

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement

Holders

DEC 1991

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

252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7004 Drug Free Work Force SEP 1988 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7001 Information Assurance Contractor Training and

Certification

JAN 2008

252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(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 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(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.

____ (15)(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.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (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.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

____ (24) 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 (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

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

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

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

X____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (32)(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.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

X (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

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

8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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).

____ (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. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

X (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

____ (63)(i) 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).

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

____ (iii) Alternate II (FEB 2006) 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 items: (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 Under Executive Order 13658 (NOV 2020) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(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 (NOV 2020) (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)

52.232-16 PROGRESS PAYMENTS (JUN 2020)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph…