RFQ 75D301-24-Q-77876- Amendment 1.doc

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ X IS

PAGE OF PAGES

1. REQUEST NO.

75D301-24-Q-77876

2. DATE ISSUED

06/14/2024

3. REQUISITION/PURCHASE REQUEST NO.

00HCADE1-2024-86572

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

Centers for Disease Control and Prevention

Chamblee Campus Building 102, MS S102-4

4770 Buford Hwy

Atlanta GA 303413717

6. DELIVERY BY (Date)

5b. FOR INFORMATION CALL (No collect calls)

c. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

See page 7 for Quote instructions Questions regarding this solicitation are due July 2, 2024, by 2pm EST.

Quote Responses are due July 15, 2024, by 2pm EST.

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NOTE: Additional provisions and representations

SIGN QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6-95)

Previous edition not usable

Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

QUOTE INFORMATION

1. The Centers for Disease Control and Prevention (CDC) and Office of Readiness and Response (ORR) has a requirement for “Division of Readiness and Response Science Community Based Solutions and Health Equity Infection Prevention Toolkit”, purchased over a one-year period with the delivery dates specified in Section B of this RFQ and Section C Statement of Work.

We are seeking a Project Analyst.

2. This requirement is a 100% Small Businesses set aside under the North American Industry

Classification System (NAICS) Code 541990, All Other Professional, Scientific and Technical Services, with a size standard of $19.5 million.

3. The Government will conduct this acquisition in accordance with FAR Part 12 Acquisition of

Commercial Products and Commercial Services.

4. The Government intends to award one firm-fixed price contract.

6. Submit quotes to Tonya S. Justice at wzo1@cdc.gov, no later than July 15, 2024, at 2:00pm Eastern Standard Time, subject line: RFQ 75D301-24-Q-77876, Offeror Name.

SECTION B- SUPPLIES OR SERVICES AND PRICES/COSTS

Line Items

Project Analyst Services are to be performed in accordance with the Statement of Work

This is a Firm Fixed Price Line Item

This is a Severable Line Item

Period of Performance:

September 30, 2024- September 29, 2025

This is a Cost Reimbursable Line Item

This is a Severable Line Item

Period of Performance:

September 30, 2024 – September 29, 2025

Total Price: $_____________________

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

STATEMENT OF WORK

Division of Readiness and Response Science Community Based Solutions and Health Equity Infection Prevention Toolkit

Period of Performance: September 30, 2024 to September 29, 2025

SECTION 1 – BACKGROUND

The Centers for Disease Control and Prevention (CDC) is the primary Federal agency charged with protecting health and promoting quality of life through the prevention and control of disease, injury, and disability.

CDC’s Office of Readiness and Response (ORR), Division of Readiness and Response Science (DRRS), Community-Based Solutions and Health Equity (CBSHE) branch works with, local and national non- government (NGO) partners to improve readiness and state response capacity for priority populations and settings such as correctional facilities, homeless shelters, and kindergarten through 12th grade schools.

These settings – and people living and working within them – are often disproportionately affected by public health emergencies, and have unique operational environments that necessitate tailored disease prevention strategies. Correctional facilities, homeless shelters, and schools/educational settings should have public health emergency operation plans in place that include infectious disease components. This contract will support DRRS/CBSHE in the creation and dissemination of tools and resources to support infection prevention and control strategies across these settings (schools, corrections, shelters).

Supporting these priority settings to be prepared for infectious disease outbreaks or emergencies is important for the health of the individuals who live or work within the facilities. Common infection prevention and control strategies that commonly recommended during public health emergencies can include isolation/quarantine, contact tracing, risk-communication, enhanced cleaning and disinfection, and vaccination clinics. These settings have unique operational characteristics that need to be considered when implementing infection prevention and control strategies, and to date there are no tailored tools or other resources to support infection prevention and control across these disproportionately affected settings.t. These resources will help partners implement CDC’s upcoming school infection control guidance, as well as existing setting-agnostic=guidance for specific diseases.

The tools and resources created under this contract may take different forms, depending on the setting and partner input. Examples include an adaptation of CDC Infection Control Assessment Response (ICAR) tools https://www.cdc.gov/hai/prevent/infection-control-assessment-tools.html for specific settings. ICAR tools are currently used to systematically assess a healthcare facility’s Infection Prevention Control (IPC) practices and guide quality improvement activities (e.g., by addressing identified gaps), and can be adapted to apply to non- healthcare settings as well. The format of the tools and resources created will also depend upon the setting and partner input, to potentially include both online and printable options.

SECTION 2 – PURPOSE/OBJECTIVE

The purpose of the project is to create evidence-based resources and tools to support state and local implementation of infection prevention and control strategies within schools, correctional facilities, and shelters. Additionally, provide support of dissemination, of tailored communications, technical assistance, and training for state and local public health staff, and practitioners working in education, corrections, and shelter settings.

Content will be provided by CDC subject matter experts for the creation of tools and resources for infection control assessment and response for schools, homeless shelters, and correctional facilities. Dissemination of these tools and resources, and training on how to use them, will be completed with and through corrections, homelessness, and school partners and be made available to state and local health departments to assist with infection prevention and control planning and response to outbreaks in correctional institutions, homelessness camps, and school settings.

SECTION 3 – SCOPE OF WORK

Content will be provided by CDC subject matter experts (SMEs) for the creation of one implementation tool and one accompanying resource guide for infection prevention and control assessment and response for schools, homeless shelters, and correctional facilities. The contractor will also be expected to create, implement, and evaluate dissemination strategies to increase reach of the tools and resources. For correctional facilities and shelters, content will be provided to create needed tools and resources and implementation and dissemination strategies. For schools, an infection prevention and control guidance will be published by mid-2024 and be provided to the contractor to support creation of supporting implementation tools and dissemination strategies.

The contractor will also create training modules to accompany the tools created for each of these three settings (schools, shelters, and correctional facilities), The specific audiences for each training will be determined in consultation with CBSHE SMEs.

Monthly Status Report – The Contractor shall prepare and submit monthly technical progress reports in narrative form which shall contain technical results of the work accomplished during the reporting period. This report shall be in sufficient detail to disclose all work started and results achieved during the reporting period, an indication of any current problems which may impede performance, the proposed corrective action, and the work forecast for the next period. This document shall report progress and planning to correspond with the work schedule contained in the Center approved program plan.

· Format: delivered electronically in MS Word

· Due date: by the 10th calendar day of each month

· Deliver to: Contracting Officer’s Representative (COR/TM) Final Report – Upon completion of all work under the contract, the Contractor shall prepare and submit to the Government a final report covering in detail all the work accomplished under the contract. The final report shall document and summarize the entire contract work and shall include recommendations and conclusions based on the experience and results obtained. The final report shall include tables, graphs, photos, and diagrams in sufficient detail to comprehensively explain the results achieved under the contract. The report shall also include an analysis of salient findings, a presentation of general conclusions, and any guidance or recommendations deemed pertinent for future consideration by CBSHE.

· Format: delivered electronically in MS Word

· Due date: draft due 60 days before the end of period of performance; Final report due NLT by the end of the period of performance

· Deliver to: COR

SECTION 4 – TASKS TO BE PERFORMED

Task 1: Creation of Infection Prevention and Control Tools or Resources, and accompanying Trainings

1. Take created content from CDC SMEs and create into setting-specific tools or resources.

a. The contractor shall work with CDC SMEs to identify needs for the infection prevention and control tools or resources tailored to schools, correctional facilities, and shelters. .

2. Gather input from state, local, national non-government (NGO), and federal partners addressing corrections, schools, and homelessness to support creation of infection prevention and control tools and resources tailored for each setting.

a. The contractor shall work with CDC SMEs to identify partners to provide input.

b. Input shall be integrated into the creation of tools and resources.

c. Create drafts of infection prevention and control tools or resources

d. Work with CDC SMEs to pilot the draft versions

e. Integrate partner feedback and pilot results to create final versions Task 2: Create Tailored Communication Messages and Strategies to Disseminate Tools and Resources

f. The contractor shall create an overall communication plan that includes tailored communication messages, including emails, social media, and other formats for correctional facilities, shelters, and schools’ priority audiences to increase reach of the tools and resources.

g. The contractor shall implement the communication plan with CDC SMEs to provide messages to state, tribal, local, territorial, federal and NGO partners.

h. The contractor shall monitor the communication plan and create a summary of the impact and reach.

Task 3: Create Training Curriculum, Content, and Materials to Disseminate and Support Implementation of Tools and Resources

a. The contractor shall work with CDC SMEs to identify the intended audience, length, and format of trainings for the tools or resources designed for schools, correctional facilities, and schools

b. The contractor shall create a training plan, curriculum, content, and materials that will support the dissemination and implementation of the tools and resources. The contractor shall create the plan, curriculum, content, and materials to be ready to use for training of trainers with state, tribal, local territorial (STLT), and NGO partners. Curriculum, content, and materials shall be culturally and contextually relevant, feasible for implementation, and adaptable for STLT and NGOs. The contractor shall work with CDC SMEs to pilot test the training curriculum, content, and materials with STLT and NGO partners.

Task 4: Evaluate the Dissemination and Implementation of the Tools and Resources

a. The contractor shall work with CDC SMEs to establish a plan to evaluate the dissemination and implementation of the tools and resources. The plan must include components that support assessment of the tailored communication plan and messages that are disseminated; web metrics that include downloads, page views, page visits to the tools and resources; and feedback on the training pilot.

SECTION 5 – GOVERNMENT FURNISHED PROPERTY

CDC shall furnish access to the necessary content surrounding infection prevention and control guidance, strategies, and practices in corrections, homelessness, and school settings.

SECTION 6 – PLACE OF PERFORMANCE AND CONTRACT SUPPORT HOURS SUBSECTION A – PLACE OF PERFORMANCE

Contract work shall be performed remotely, at government facility (onsite) for meetings, and and the United States.

SUBSECTION B – CONTRACT SUPPORT HOURS

Provide support for eight (8) consecutive hours for Task 1.1 starting no later than 9:00am and ending no earlier than 3:30pm in the Eastern time zone.

SECTION 7 – TRAVEL

Travel to a specific state/locality will be determined for assessing the use and implementation of the infection prevention tools and resources during the creation process. Travel will be in accordance with / and not to exceed the Federal Travel Regulation rates. Travel costs need to be approved in advance by the COR. The contractor shall be required to provide their travel policy to the Government for review.

Travel does not include conferences.

SECTION 8 – DELIVERABLES/REPORTING SCHEDULE

1. All Tasks

1.1. Monthly Status Report – The Contractor shall prepare and submit monthly technical progress reports in narrative form which shall contain technical results of the work accomplished during the reporting period. This report shall be in sufficient detail to disclose all work started and results achieved during the reporting period, an indication of any current problems which may impede performance, the proposed corrective action, and the work forecast for the next period. This document shall report progress and planning to correspond with the work schedule contained in the Center approved program plan.

1.1.1. Format: delivered electronically in MS Word

1.1.2. Due date: by the 10th calendar day of each month

1.1.3. Deliver to: Contracting Officer’s Representative (COR/TM)

1.2. Final Report – Upon completion of all work under the contract, the Contractor shall prepare and submit to the Government a final report covering in detail all the work accomplished under the contract. The final report shall document and summarize the entire contract work and shall include recommendations and conclusions based on the experience and results obtained. The final report shall include tables, graphs, photos, and diagrams in sufficient detail to comprehensively explain the results achieved under the contract. The report shall also include an analysis of salient findings, a presentation of general conclusions, and any guidance or recommendations deemed pertinent for future consideration by the Community

-based Solutions and Health Equity branch in the Division of Readiness Response Science in the Office of Readiness and Response at CDC. The Government shall be allowed sixty

(60) days to review the draft and notify the Contractor in writing of approval or of recommended changes to be made in the final copy. If the Government does not approve or recommend changes within sixty (60) days of receipt of the draft final report, the report shall be deemed approved.

September 30, 2024 to September 29, 2025

Succinct written project plan that describes milestones for creation of tools or resources for infection prevention and control

First draft of infection prevention and control tools and resources

Summary of partner and pilot feedback on tools and resources and proposed plan to incorporate the feedback

COR, TM

SECTION 9 – REFERENCE MATERIALS

School Infection Prevention and Control Guidance Infection Control Assessment Response (ICAR) tool https://www.cdc.gov/hai/prevent/infection-control- assessment-tools.html.

SECTION 10 – MINIMUM VENDOR QUALIFICATIONS

N/A

SECTION 11 – ADDITIONAL REQUIREMENTS

Section 508 Compliance Electronic and Information Technology Accessibility Notice

(a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR part 1194), require that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

(b) Accordingly, any offeror responding to this solicitation must comply with established HHS EIT accessibility standards. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of the Section 508 Final Provisions can be accessed at http://www.access- aboard.gov/sec508/standards.htm.

(c) The Section 508 accessibility standards applicable to this contract are: 1194.

205 WCAG 2.0 Level A & AA Success Criteria 302 Functional Performance Criteria

502 Inoperability with Assistive Technology 504 Authoring Tools

602 Support Documentation 603 Support Services In order to facilitate the Government's determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. The purpose of the template is to assist HHS acquisition and program officials in determining whether proposed EIT supplies conform to applicable Section 508 accessibility standards. The template allows offerors or developers to self-evaluate their supplies and documentation detail - whether they conform to a specific Section 508 accessibility standard, and any underway remediation efforts addressing conformance issues. Instructions for preparing the HHS Section 508 Evaluation Template are available under Section 508 policy on the HHS Web site http://hhs.gov/web/508.

In order to facilitate the Government's determination whether proposed EIT services meet applicable Section

508 accessibility standards, offerors must provide enough information to assist the Government in determining that the EIT services conform to Section 508 accessibility standards, including any underway remediation efforts addressing conformance issues.

(d) Respondents to this solicitation must identify any exception to Section 508 requirements. If a offeror claims its supplies or services meet applicable Section 508 accessibility standards, and it is later determined by the Government, i.e., after award of a contract or order, that supplies or services delivered do not conform to the accessibility standards, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its expense.

(e) Electronic content must be accessible to HHS acceptance criteria. Checklist for various formats are available at http://508.hhs.gov/, or from the Section 508 Coordinator listed at https://www.hhs.gov/web/section-508/additional-resources/section-508-contacts/index.html. Materials that are final items for delivery should be accompanied by the appropriate checklist, except upon approval of the Contracting Officer or Representative.

QUOTE INSTRUCTIONS:

A.

Quote Submission:

Questions regarding this solicitation are due July 2, 2024, by 2pm EST.

Quotes are due electronically no later than 2:00pm, EST, July 15, 2024. E-mail quotes to:

Name: Tonya Justice, Contracting Officer

Email: wzo1@cdc.gov Phone: 770-488-3282

Quote Format: Pages shall be 8 ½ x 11, Times New Roman font, 12 pt pitch, page count (stipulated below). The page count includes the cover page and table of contents, but not appendices. Appendices shall only include resumes. Page fold-outs will count as two (2) pages. Text printed on double-sided pages will also count as two (2) pages. Text included in any graphics or diagrams may be no less than 10 pt pitch. All electronic files shall be in MS Word or Excel format as applicable (unprotected).

B.

Technical Evaluation Criteria: Technical Proposal is limited to 20 pages and should be submitted electronically as explained above.

Each of the following four (4) technical subfactors will be evaluated on a Pass/Fail basis. In order to be eligible for award, include adequate detail and information for the Government evaluators to be able to rate each criteria as satisfactory (Pass). A rating of “Fail” in any one of these four criteria will render the response ineligible for award until the deficiencies are corrected.

Respond to the following evaluation criteria which will be evaluated on a “Pass” or “Fail” basis.

Evaluation Criteria

C. The following technical subfactors, listed in descending order of importance, will be used to evaluate quotes:

1. Technical Approach The Offeror shall provide a discussion of their technical approach for providing the services required for this solicitation. The Offeror shall provide their understanding of the task requirements, solicitation objectives, and the operating environment. The Government will evaluate the quality and feasibility of the methodology and performance techniques describing how the Offeror proposes to perform each task.

The Offeror shall provide a Project Plan describing the process and approach they propose to use in successfully completing this project. [Optional: The Project Plan may be included in an appendix and will not count toward page count requirements.] The Project Plan should correlate to the Offeror’s price/cost proposal. The Offeror shall specifically address aspects such as technical understanding, methodology and approach, along with the sub-factors listed below:

a. Provide a detailed and comprehensive statement of the problem, scope, and purpose of the project to demonstrate complete understanding of the intent and requirements of the contract.

b. Describe the proposed technical approach to comply with each of the requirements specified in this solicitation. The proposal must be consistent with the stated goals and objectives. The proposed approach must ensure the achievement of timely and acceptable performance and will include a milestone and/or phasing charts to illustrate a logical sequence of proposed events.

c. Discuss the plan and solutions for overcoming difficulties involved with performing the work requirements.

2. Staffing Plan The Offeror shall provide a staffing plan that demonstrates their understanding of the labor requirements for this solicitation and the personnel required to complete said requirements. The plan should address the proposed labor categories, descriptions of the services to be provided, estimated labor hours, etc. The Government will evaluate the plan and staffing to be used, as well as perform a discussion of problems likely to occur along with plans for addressing said problems.

The Offeror shall provide qualified technical labor resources in numbers adequate to address the technical and administrative requirements and deliverable schedules outlined in the solicitation. The description shall also include:

a. A staffing matrix showing type and number of staffing resources readily available for the base effort, including their role and breakdowns by skill sets, security clearances, and any related technical certifications. The matrix of proposed personnel shall also include their experience, education, and qualifications to do the job. The backgrounds of the personnel will reflect the length and variety of experience and expertise in tasks like the tasks required by this project and any relevant training. The percentage of time each staff member shall contribute to the program will be adequately identified. The Offeror shall provide resumes for proposed Key Personnel and indicate the extent to which outside consultants or specialists will be used and evidence of availability. [Optional: Resumes may be included in an appendix and will not count toward page count requirements.]

b. A description of the Offeror’s approach to rapidly obtain and/or replace qualified staffing resources to support existing and new solicitation work and to meet changing workload requirements, including a table showing employee turnover rates for each of the past two years.

c. The Offeror is to provide information to support the qualifications of subcontractors as well. The Offeror shall identify any portions of the solicitation that shall be performed by subcontractors. This information must include the subcontracting firm, the specific duties that shall be performed by the subcontractor, and labor categories.

3. Management Approach The Offeror shall provide a management plan that describes their approach for managing the work, identifying the roles and responsibilities of pertinent players, and subcontracting management plans, if applicable. The Offeror shall demonstrate an overall understanding of the project and adequacy and feasibility of plans to address all items in the solicitation.

This includes the detailed description of specific tasks to be performed, methods and resources to be used and a discussion of problems likely to occur and plans for addressing them.

a. The Offeror shall describe their organizational structure and how they propose to manage this task, including a discussion of timelines and issues. Document the decision-making authority of the project director as related to other elements of the organization, including subcontractors if applicable.

b. The Offeror shall provide rationale for their management approach.

c. The Offeror shall describe the methodology for managing the task, performance measures they will use to monitor performance, any management tools they will use, how they will ensure quality products are delivered, how they will mitigate risk and how they will communicate. Offeror shall adequately describe the resources they propose to complete the work described in the PWS and a rationale for their proposed approach. The Offeror shall identify any resources (facilities, hardware, software, communications, etc.) that would be required above and beyond that already addressed as part of this PWS.

d. The Offeror shall clearly indicate how the metrics in the PWS will be monitored and corrective action taken if appropriate. The Offeror shall specify its approach for maintaining control of all contract change management issues.

e. The Offerors shall provide (1) a detailed description of how conflicts are managed; (2) a plan to ensure client satisfaction; and (3) a measurement of fiscal responsibility and accountability paying particular attention to the deliverable timeline in this solicitation.

f. The Offeror shall identify anticipated management barriers and risks. The Offeror shall provide a description of their approach to risk management during the solicitation from a management perspective and the planned actions to mitigate or eliminate risks.

g. Offeror shall identify (if any) assumptions or conditions relating to their Management Plan and Other Qualification Information. The Government reserves the right to reject any proposal that includes any assumption or condition that adversely impacts or affects the Government’s requirement.

4. Similar Experience The Government will evaluate the offeror’s narrative description of three (3) relevant contracts similar in scope, size, and complexity performed within the last three (3) years. The Government will evaluate the suitability of the offeror’s similar experience descriptions to determine whether this experience exhibits the ability to successfully support the requirements of the solicitation and the offeror’s quoted technical approach. The following information shall be provided for each project reference:

a. Contract number, customer/agency name and contract title.

b. Brief narrative description of the work performed for each of those contracts, including a discussion of any problems encountered/corrective actions and significant accomplishments.

c. Dollar value, contract type, period of performance, place of performance, and the number and types of personnel used in the performance of the contract; and

d. Name, address, and phone number of at least two (2) customer contacts (e.g., COR, Contracting Officer, Program POC, Project Officer) for each of the identified contracts.

Business/Cost Evaluation:

A cost analysis of the cost proposal will be conducted to determine the reasonableness of the Contractor’s cost proposal.

CLAUSES

52.232-39

52.232-40

352.222-70

Unenforceability of Unauthorized Obligations (Jun 2013)

Providing Accelerated Payments to Small Business Contractors (Dec 2013)ontractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items. (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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 (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, 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.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

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

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

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

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

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

__ (17) [Reserved]

__ (18)

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (21)

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

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__ (26)

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

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

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

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

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

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

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

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

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

__ (47)

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

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

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

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

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (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) ( 29U.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).

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(B) Alternate I (Dec 2023) of 52.204–30.

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

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract,…