Q2900 SF 1449 Continuation Sheet MHP CISM.pdf

Solicitation (On-Ramping) 1202SC22Q2900 Solicitation (Original) 12024BQ0001 Mental Health Professionals, CISM IPO, Logistics Contracting Branch

OFFERORS INFORMATION

Company Name: _____________________________________

Company Address: _____________________________________

Company POC: _____________________________________

E-Mail Address: _____________________________________

Phone #: _______________________________ _

CAGE #:

DUNS #:

TAX ID #:

Contractor Authorized Representative Point of Contact/Title:

Name:

Telephone Number:

Fax Number:

Email:

To be eligible for award, contractors MUST be registered in the System for Award Management (SAM), https://sam.gov

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Dept. of Treasury. For additional information https://www.ipp.fms.treas.gov/.

https://sam.gov/ https://www.ipp.fms.treas.gov/

The offeror shall submit the following items in response to this solicitation:

1. SF-1449, blocks 17a and 30a-30c: Complete, date, and sign.

2. Fill in the appropriate pricing information requested under Contract Administration Data and Section 1.10 Schedule of Items. **Note the first two ordering periods have expired.

3. Complete and return Section 4 (52.209-12 Certification Regarding Tax Matters) and (52.212-1 Instructions to Offerors-Commercial Products and Commercial Service). Read section 4 (52.212-2 Evaluation–Commercial Products and Commercial Services) and (52.212- 3 Offeror Representations and Certifications–Commercial Products and Commercial Services).

ALL OFFERS MUST BE RECEIVED NO LATER THAN 4:00 PM EST ON APRIL 22,

2022. All offers must be submitted via e-mail to Q0001_C.pstrdbg3i8svzdw2@u.box.com Only offers received in the designated e-mail Inbox by the indicated date and time above will be considered for award.

• Quote must be submitted in accordance with the instructions below using the following file naming format; “Company Name_1202SC22Q2900_Quote_date (mm-dd-yy)”

Quote must be a single electronic file attachment in your email that comprises the complete quote as described above. Quote attachment must be provided in Microsoft Office or Adobe Acrobat .pdf file format. Links to cloud-based storage or other virtual file storage locations are not acceptable and WILL NOT upload to this location. Any text typed into the body of your email WILL NOT upload to this location, only attached files. Emailed quote file must not contain any malicious links, spam ware, or any other malware. Any such instances will be reported to Spam.Abuse@usda.gov. Quote file must not be password protected or otherwise encumbered by any access restricting or limiting software. It is the Quoter’s responsibility to verify with the Government Point of Contact that your quote has been received. Quotes sent to any other but to the address above will not be accepted. DO NOT submit any quote in hard copy paper format or on any digital storage media or device. Quotes submitted via U.S.

Postal Mail, courier, or in person WILL NOT be accepted. DO NOT attempt nor request to submit quote via facsimile transmission or verbally by telephone.

Offerors may contact Tony Duncan for information about this solicitation at tony.duncan@usda.gov.

Government (Contract Administration Office):

United States Forest Service; Incident Procurement Operations (IPO); Logistics Contracting Branch 3833 S. Development Avenue Boise, ID 83705-5354

Tony Duncan at (423) 368-6475, tony.duncan@usda.gov.

mailto:Q0001_C.pstrdbg3i8svzdw2@u.box.com mailto:Spam.Abuse@usda.gov mailto:tony.duncan@usda.gov mailto:tony.duncan@usda.gov

SECTION 1

DESCRIPTION OF SERVICES

1.1 DESCRIPTION AND SCOPE

The United States Forest Service (USFS), the Bureau of Land Management (BLM) and other federal Partner Agencies require a contractor(s) to provide licensed Mental Health Professionals (MHPs) with demonstrated experience in trauma. The MHPs are needed to provide services to federal agencies, including the USFS and the BLM National Critical Incident Stress Management (CISM) program during CISM interventions for employees involved in critical incidents. A critical incident is not defined by the incident itself, but is defined by individuals and/or an organization’s reaction to what occurred.

Annually, the federal land management agencies (notably the USFS and BLM) experience events and incidents that are deemed “Critical Incidents”. These incidents have a debilitating effect on employees, and in an effort to mitigate those effects, these agencies have developed Critical Incident Peer Support (CIPS) Programs that are integral to researched based CISM. A key component of CISM is trauma trained clinicians who utilize the International Critical Incident Stress Management (ICISF) model for crisis intervention.

The contractor will provide immediate access to trained MHPs for use as part of a CISM team mobilized in support of a request. The requests will be short notice events that have been determined to by the agency to be critical incidents. The clinician will provide crisis intervention services on an as needed basis.

The contractor and/or MHPs must be able to respond on an “immediate need” basis during weekdays, weekends, holidays, and after hours. Requests for crisis intervention services generally require that the clinician and CIPS group be on site within 48-72 hours of the initial request. The contractor must make and pay for their commercial airline reservations, hotel rooms, meals, and rental cars.

The contractor may be requested to provide training utilizing ICISF curriculum, and in support of NWCG and agency courses.

1.2 QUALIFICATIONS AND REQUIREMENTS

The contractor(s) and/or MHPs shall have experience in working with emergency responders who have experienced significant traumatic stress as the result of a traumatic or critical incident. The clinician, in coordination with the CISM Coordinator and/or CIPS Group Leader will assist in determining the most appropriate crisis intervention strategy.

Personnel providing services (MHPs) shall meet the following:

a) Trauma trained and significant work experience with emergency responders or public safety.

b) Licensed as a Mental Health Professional for example Psychiatrist, Psychologist, Counselor, or Social Worker with specialized training and experience in providing psychological services following traumatic events and critical incidents.

c) Minimum of five years’ experience working with peer support personnel who have been trained in and use the CISM response protocols as taught by the ICISF.

d) Ability to easily adapt to different environments and personalities.

e) Ability to provide 24-hour services, 365 days a year.

f) Ability to stay for the full assignment which may last up to 14 days. Some assignments may extend beyond 14 days.

g) Maintain current malpractice insurance.

h) The contractor shall provide the following management and support as required:

i. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support the agreement.

1.3 TASKS AND/OR PRODUCTS

Task and product requirements may vary dependent on the critical incident. At a minimum the contractor shall:

a) Successfully integrate and coordinate all activity needed to execute a task order. The contractor and MHPs shall manage the timeliness, completeness, and quality of problem identification.

b) Provide recommendations for appropriate crisis intervention strategies, corrective action plans, proposal submittals, timely identification of issues, participate in After Action Reviews

(AAR).

c) Seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

d) Shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the BPA call. The contractor must maintain continuity between the support operations at the location of the incident(s) and the contractor's office.

e) Accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The clinician will function as part of an official CIPS and/or operate independently when asked to do so. These crisis intervention services will follow intervention protocols established by the ICISF.

f) Match personnel skills to the work or task as ordered. The contractor shall ensure to adhere to the Service Contract Act and the applicable wage determination. The estimated hours utilized in the performance of each call issued hereunder will be the minimum necessary to accomplish the task.

g) Provide training utilizing ICISF curriculum (curriculum is available at https://icisf.org) as requested. Provide training in support of the National Wildfire Coordinating Group (NWCG) and agency courses including but not limited to:

i. You Will Not Stand Alone,

ii. Resiliency,

iii. Hospital/Family Liaison

iv. Critical Incident Support.

1.4 CONTRACTOR RESPONSIBILITIES

a) The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the BPA. The contractor shall respond to Government requests for required actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support BPA and BPA calls.

b) The contractor shall have the capability to travel to incident locations by commercial carrier, personal or rental vehicle; to follow instructions from host agency personnel assigned to assist them.

c) The contractor shall meet and maintain any qualifications required to complete tasks under this BPA.

d) The contractor shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health

(ESOH) (DODD 4715.1E).

1.5 GOVERNMENT RESPONSIBILITIES

a) Provide Contracting Officer Representative (COR) at the individual call level.

b) Assist contractor with the coordination of mobilization to and from the incident and access to buildings/property to perform activities associated with the assignment.

c) When an MHP is utilized for government services, they shall be in-briefed by a government

Point of Contact (POC). In all cases, there will be an assigned federal employee to coordinate activities, answer questions and address any concerns.

https://icisf.org/

1.6 GOVERNMENT PROVIDED

a) The Government will temporarily supply the Contractor with personal protective equipment (PPE) and other fire gear required for access to the fire line – except NWCG- compliant firefighting leather boots, which the Contractor shall provide.

The Contractor shall return all PPE checked out from the Prescribed Fire Training Center or Federal or State Partner Agency promptly upon completing a workshop or when PPE is no longer required.

1.7 PLACE OF PERFORMANCE

a) Performance will take place at various locations throughout the United States. The wildland firefighting environment is inherently dangerous. Exposure to remote locations, summer heat and other types of inclement weather, smoke inversions, working long hours, and driving long distances through mountainous terrain or vast deserts is common

b) Relocating in the evening to be on site for the next day’s meetings is common.

The remote locations in which the government operates out of generally offer sporadic, limited dining and lodging accommodations. Travel is generally by car as commercial air service is usually only available to major hubs often not near the incident locations. The contractor is responsible for acquiring their own commercial airlines tickets, rental cars, lodging, meals and other incidentals.

Travel to other government facilities or other contractor facilities may be required and will be specified in the individual task orders.

1.8 PERIOD OF PERFORMANCE

a) This agreement covers a period of five (5) three (3) years from date of award.

b) This agreement will be reviewed annually and if necessary, be updated at that time.

1.9 PURCHASE LIMITATIONS

The dollar limitations for each individual purchase and each BPA as a whole are as follows:

a) Prices for the services shall be paid in accordance with the BPA line item prices.

b) Orders against this BPA become binding once the contractor has agreed to an assignment and services from an authorized caller.

c) The minimum order dollar amount for items under this agreement is $2500.00.

d) No single order shall exceed $25,000.00.

e) The maximum BPA cost shall not exceed $900,000.00.

f) This BPA may be cancelled for cause immediately, by the Government, if the contractor is noncompliant, in accordance with FAR 52.212-4.

g) The Government is under no obligation to purchase from the contractor under this BPA. The

Government is obligated only to the extent of authorized purchases actually made under this

BPA.

1.10 SCHEDULE OF ITEMS

ORDERING PERIOD ONE – DATE OF AWARD THROUGH APRIL 30, 2021

Line Item Description/Task Unit of

Issue Unit

Price**

001 Clinician – Response to Incident, Daily Rate (12- 14 hours per day) DR $

002 Clinician – Instruction Rate (hourly) HR $

003 Clinician – Prep Time for Instruction Rate (hourly)

HR $

004 Clinician – Travel Rate (hourly), Response and Training

HR $

005 Travel – to be reimbursed at actual cost LS TBD

Miscellaneous Requirements (e.g., course materials), must be approved by the Contracting Officer, to be reimbursed at actual cost

LS

TBD

ORDERING PERIOD TWO – MAY 1, 2021 THROUGH APRIL 30, 2022

Item Description/Task Unit of

Issue Unit

Price**

001 Clinician – Response to Incident, Daily Rate (12-14 hours per day) DR $

002 Clinician – Instruction Rate (hourly) HR $

003 Clinician – Prep Time for Instruction Rate (hourly)

HR $

004 Clinician – Travel Rate (hourly), Response and Training

HR $

005 Travel – to be reimbursed at actual cost LS TBD 006 Miscellaneous Requirements (e.g., course materials), must be approved by the Contracting Officer, to be reimbursed at actual cost cost

LS TBD

ORDERING PERIOD THREE – MAY 1, 2022 THROUGH APRIL 30, 2023

Item Description/Task Unit of

Issue Unit Price**

001 Clinician – Respond to Incident, Daily Rate (12- 14 hours per day) DR $

002 Clinician – Travel Rate (hourly) HR $

003 Clinician – Prep Time for Instruction Rate (hourly)

HR $

004 Clinician – Travel Rate (hourly), Response and Training materials), must be approved by the

ORDERING PERIOD THREE – MAY 1, 2023 THROUGH APRIL 30, 2024

Item Description/Task Unit of

Issue Unit Price**

001 Clinician – Respond to Incident, Daily Rate (12- 14 hours per day) DR $

002 Clinician – Travel Rate (hourly) HR $

003 Clinician – Prep Time for Instruction Rate (hourly)

HR $

004 Clinician – Travel Rate (hourly), Response and Training materials), must be approved by the

ORDERING PERIOD THREE – MAY 1, 2024 THROUGH APRIL 30, 2025

Item Description/Task Unit of

Issue Unit Price**

001 Clinician – Respond to Incident, Daily Rate (12- 14 hours per day) DR $

002 Clinician – Travel Rate (hourly) HR $

003 Clinician – Prep Time for Instruction Rate (hourly)

HR $

004 Clinician – Travel Rate (hourly), Response and Training materials), must be approved by the

** See Section 1.12 BPA Call Procedures

Line Items 001-004 and subsequent option periods: Offerors do not need to provide pricing for all line items. Pricing shall include all costs to the contract to perform the specific task. Pricing shall represent the Maximum Price the Government will pay (contractor allowed to charge).

Line Item 005 and 006 and subsequent option periods: Awardees shall provide a travel cost estimate at the time of the BPA Call Announcement. This amount will cover all Government ordered travel during the period of performance identified in the Call.

All travel will be paid in accordance with Section 1.11.

1.11 TRAVEL EPENSES (APPLIES TO ALL TRAVEL)

a) Travel directed by the Government will be paid in accordance with the Federal Travel Regulations (FTR) for localities where the work is performed.

i. The contractor may invoice for subsistence allowed for required travel that is directly related to the task order and site(s) as specified and approved by the Contracting Officer (CO) under this Contract. All travel plans and estimates shall be approved, by the technical point of contact, prior to commencement of travel and once conducted shall be presented for payment with receipts that document actual airfare and lodging (inclusive of taxes) in accordance with the FTR. Meals and incidental expenses are reimbursable at the current standard daily rate as established by the FTR. The contractor shall be reimbursed for actual allowable and reasonable travel costs incurred during performance of this effort in accordance with the FTR currently effective on the date of travel. The contractor shall complete a Trip Report for each individual authorized to travel and provide a detailed invoice including dates of travel and receipts for related expenses such as airfare, baggage, parking, rental car, hotel rooms and local transportation.

Travel expenses must be authorized in advance to be allowable. The Government retains the option to provide meals and/or lodging when travel is required. A list of localities and maximum per diem rates is available at:

http://www.gsa.gov/perdiem.

1.12 BPA CALL PROCEDURES

If multiple BPAs are awarded, requirements will be competed between BPA holders.

Clinicians provided by the BPA holders will be grouped by Geographic Area to expedite response by the resource to an incident. Please visit https://www.nifc.gov/nicc/index.htm for a map of the Geographic Areas. BPA holders with clinicians located in the Geographic Area of the incident will be contacted via telephone and/or email for price and availability for the incident. The BPA holder with the best value, taking into consideration time to respond, travel time, pricing and experience will be awarded the call. BPA holders may choose to respond with prices lower than those listed on the Schedule of Items, but not higher.

Ordering activities will require prospective Contractors to identify potential conflicts of interest and address/resolve any concerns prior to BPA Call award.

http://www.gsa.gov/perdiem https://www.nifc.gov/nicc/index.htm

1.13 AUTHORIZED BPA CALLERS

Orders will be based on availability, rates, and the needs of the USFS, the BLM and other Partner Agencies.

Orders against the BPA can only be made by warranted Contracting Officers, purchasing agents, and authorized callers (listed below). Orders from the Government may be placed in person, by telephone, or in writing. The contractor must receive a written record (i.e., e-mail) of approval from the Contracting Officer or a written and signed BPA Call from the authorized caller or the Contracting Officer before any services are provided. Following is a list of the personnel authorized to place orders under this BPA:

NAME TITLE CONTACT

Contracting Officer All Incident Support Branch

Contracting Officers Tony Duncan 423 368-6475

Contracting Officer Any Federal Agency Warranted Contracting Officer

INDIVIDUALS AUTHORIZED TO INITIATE CONTACT WITH VENDOR IN ORDER TO

ESTABLISH AVAILABILITY*

NAME TITLE CONTACT

Contracting Officer Any Federal Agency Warranted

Contracting Officer

*A list of authorized individuals will be provided upon award and updated as necessary.

1.14 PAYMENT

a) Payment for services and deliverables shall be made under this contract upon completion of the work required in accordance with FAR 52.212-4(i) and submission of a proper invoice.

b) Payment for travel may be made independently of payment for services upon receipt of the contractors Trip Report, travel invoices and supporting documents as referenced in Section 1.15, and in accordance with the FTR.

c) Payment may be made by purchase card as determined by the agency’s purchase card regulations and will be determined at the call level.

1.15 INVOICES

a) Invoices in support of this BPA shall be submitted to the following:

i. The Contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic invoice processing platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at to https://www.ipp.gov/vendors/enrollment-vendors.htm establish your account.

b) The Contractor shall attach an original invoice and all required supporting documentation (travel reports & receipts) to the IPP invoice. A proper invoice shall include –

i. Name and address of the contractor

ii. Invoice date

iii. Agreement number and call number or Contractor invoice number

iv. Description, quantity of measure, unit pricing and extended price of the items delivered

v. Terms of any prompt payment discount offered

vi. Name and address of official to whom is to be sent; and

vii. Name, title, and phone number of person to be notified in event of defective invoice

viii. Trip report, travel invoices and supporting documents.

c) Invoices will be handled in accordance with the Prompt Payment Act (31

U.S.C. 3909) and Office of Management and Budget (OMB) Circular A- 125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

d) Invoices may be submitted to the ordering official and will be determined at the call level.

1.16 SECURITY AND SAFETY

a) Contractors shall not have access to government facilities unless there is a Government representative on-site.

b) The Contractor shall not keep records or notes on any intervention that results from any BPA calls issued against this agreement.

c) The wildland firefighting environment is inherently dangerous. Exposure to remote locations, summer heat and other types of inclement weather, http://www.ipp.gov/index.htm.

http://www.ipp.gov/vendors/enrollment-vendors.htm http://www.ipp.gov/vendors/enrollment-vendors.htm smoke inversions, working long hours, and driving long distances through mountainous terrain or vast deserts is common.

d) The contractor shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E).

1.17 PERSONNEL SUPERVISION

This agreement was not formed as, nor is it to be administered or performed as a personal services contract. Accordingly, the contractor shall designate appropriate and sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day-to-day supervision of all contract personnel including, but not limited to, work assignments and performance monitoring, payroll records, leave approval and monitoring, etc. At no time will contractor personnel be supervised by Forest Service or other federal agency personnel. The Forest Service or other federal agency will provide, as needed by the contractor and its employees, limited assistance in the form of technical and policy guidance through the assigned COR.

1.18 QUALITY CONTROL

The Contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program to ensure services are performed in accordance with the contract and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractors QCP is the means by which the contractor assures all work complies with the requirements of the agreement/task order.

The QCP shall be submitted within 10 days of award to the Government for approval and acceptance.

The Government shall monitor the Contractors performance under each BPA Call in accordance with the Governments QASP.

Quality Assurance Surveillance Plan (QASP) Statements Standards/AQLs Disincentive/Remedy Contract clinician(s) will be available and on location as requested to properly perform tasks as specified.

On time and available 95% of the time (annually).

If contractor does not meet the standard agreement will be terminated.

Ongoing assessment through attendance at planning meetings, participation in conference calls and coordination with CIPS Group Leader to determine which crisis intervention protocol is most likely to lead to positive outcomes

On time and available 95% of the time (annually).

If contractor does not meet the standard agreement will be terminated.

Provide support in accordance with guidelines set forth by the

ICISF.

100% of the time If contractor does not meet the standard agreement will be terminated.

Ensure confidentiality (except as required by law) of all interventions.

100% of the time If contractor does not meet the standard agreement will be terminated.

SECTION 2

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov https://www.acquisition.gov/agar

(End of clause)

52.204-4 Printed or Copied Doubled-Sided on Postconsumer Fiber Content paper. (May 2011) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.204-21 Basic Safeguarding of Government Information Systems (Nov 2021) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (Nov 2021) Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (Aug 2017)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.223-6 Drug-Free Workplace. (May 2001) 52.227-14 Rights in Data-General. (May 2014) 52.228-5 Insurance-Work on Government Installation. (Jan 1997) 52.232-1 Payments. (Apr 1984) 52.232-8 Discounts for Prompt Payment. (Feb 2002) 52.232-11 Extras. (Apr 1984) 52.232-23 Assignment of Claims. (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Nov 2021) 52.233-1 Disputes. (May 2014) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (Apr 1984) 52.242-15 Stop-Work Order. (Aug 1989) 52.245-1 Government Property. (Sep 2021) 52.245-9 Use and Charges. (Apr 2012) 52.253-1 Computer Generated Forms. (Jan 1991) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684 https://www.acquisition.gov/

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION 2017-1, DEVIATION APR 2020, DEVIATION JUN 2020, AND DEVIATION JUL

2020) (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, 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, 108-78 (19 U.S.C. 3805 note)).

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

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) (Deviation 2017-1), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (Deviation 2017-1), (41 U.S.C. 3509).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Deviation 2017-1), (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 and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) (Deviation 2017-1), (41 U.S.C. 4712) relating to whistleblower protections).

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

☐ (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).

☒ (8) 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).

☐ (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 (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (Deviation JUN 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (13) [Reserved]

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

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (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.

☒ (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 (NOV 2021) (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 (Mar 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☒ (18) 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 (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 637(a)(14)).

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEPT 2021) (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 Concerns (Sep 2021) (Deviation JUN 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 (Sep 2021) (Deviation JUN 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 (SEP 2021) (Deviation JUN 2020) (15U.S.C.

637(a)(17)).

☒ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

☐ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022)(Deviation 2020) (E.O. 13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

☐ (ii) Alternate I (July 2014) of 52.222-35.

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

☐ (ii) Alternate I (July 2014) of 52.222-36.

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

☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (35) (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).

☒ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (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 Television (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.

☒ (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. 13696).

☐ (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 (NOV 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021)(DEVIATION JUL 2020) (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, 19 U.S.C. Chapter 29 (sections 4501-4732), 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 – Reserved (DEVIATION) (JAN 2021) of 52.225-3 - .

☐ (iii) Alternate II (JAN 2021)(DEVIATION JUL 2020) of 52.225-3.

☐ (iv) Alternate III (JAN 2021)(DEVIATION JUL 2020) of 52.225-3.

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

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 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) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 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. 2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

☒ (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:

☐ (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 (JAN 2022) (E.O.

13658).

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

13706).

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

(d) Comptroller General Examination of Record 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 and 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) 52.203-19, 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(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 2015) (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 (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 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 (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2022) (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 (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause) https://www.acquisition.gov/far/part-17#FAR_17_208

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

452.236-72 Use of Premises. (Nov 1996) 452.237-75 Restrictions Against Disclosure. (Feb 1988)

452.204-70 Modification for Contract Closeout.

As prescribed in 404.804 and 413.302-5, insert the following clause:

MODIFICATION FOR CONTRACT CLOSEOUT (MONTH YEAR)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

https://www.acquisition.gov/far/part-52#FAR_52_107

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

As prescribed in 428.310, insert the following clause:

INSURANCE COVERAGE (Nov 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.