RFP W912DY-23-R-0026 UP Tech Support IMCOM.pdf

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28 - 31 H 32 - 35 jennifer.l.kelley@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 35

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DY 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JENNIFER L KELLEY 256-895-1605

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 - 12 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

16 - 26

PART II - CONTRACT CLAUSES

US ARMY ENGINEERING & SUPPORT CENTER

475 QUALITY CIRCLE NW

HUNTSVILLE AL 35806

256-895-1110

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Jul 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DY23R0026

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

UP Technical Services

FFP

The contractor shall provide technical support services for the Army Utilities Privatization (UP) Program in support of US Army Installation Management Command (IMCOM) G-4 Public Works Energy Division, with work to be performed at the HQ IMCOM at Joint Base San Antonio (JBSA), IMCOM installations in the Continental United States (CONUS), and outside the Continental United States (OCONUS) locations as required, and in accordance with the Performance Work Statement (PWS).

FOB: Destination

PSC CD: R425

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Travel

FFP

Offeror does not need to provide pricing for Travel.

Travel will be a Not-To-Exceed (NTE) amount established by the Government based on estimated travel shown in the PWS.

Travel costs must be approved by the Contracting Officer (KO) in advance of travel, and costs will be reimbursed by routine invoicing procedures.

The Contractor is responsible for providing sufficient and timely information for the KO’s review and approval of travel.

The Contractor is responsible for monitoring its paid and unpaid travel invoices in order to not request pre-approved travel in amounts exceeding the remaining funds on this Contract Line Item (CLIN). The contractor will be reimbursed for pre_approved travel when it does not exceed remaining funds on this CLIN.

The Contractor should inform the Government when funds for three trips are estimated to remain on the CLIN.

The Contractor shall not add fees to its invoices for travel, to include General and Administrative (G&A) expenses.

Price for Airfare should normally not exceed the price of a coach ticket purchased 14 days in advance.

Price for Per Diem (Lodging and Meals & Incidental Expenses) will be considered reasonable if based on the rates and policies of the Joint Travel Regulation (JTR) which can be found at http://www.gsa.gov.

FOB: Destination

0003 12 Each Monthly Activity Report

FFP

The Contractor shall prepare and deliver a Monthly Progress/Activity Report to the Commercial Utilities Program (CUP) Project Manager and Contracting Officer Representative (COR), and to the UP Program Manager and UP Assistant Program Manager, no later than the 10th calendar day of the month for the immediate month preceding.

0004 1 Lot Service Contract Reporting (SCR)

FFP

The contractor must comply with Service Contract Reporting (SCR), a report its service contract manpower on an annual basis in the System for Award Management at https://sam.gov. The contractor shall ensure that the costs associated with this requirement are incorporated within their proposal and not separately priced.

1001 1 Job OPTION UP Technical Services

FFP

The contractor shall provide technical support services for the Army Utilities Privatization (UP) Program in support of US Army Installation Management Command (IMCOM) G-4 Public Works Energy Division, with work to be performed at the HQ IMCOM at Joint Base San Antonio (JBSA), IMCOM installations in the Continental United States (CONUS), and outside the Continental United States (OCONUS) locations as required, and in accordance with the Performance Work Statement (PWS).

1002 1 Lot OPTION Travel

FFP

Offeror does not need to provide pricing for Travel.

Travel will be a Not-To-Exceed (NTE) amount established by the Government based on estimated travel shown in the PWS.

Travel costs must be approved by the Contracting Officer (KO) in advance of travel, and costs will be reimbursed by routine invoicing procedures.

The Contractor is responsible for providing sufficient and timely information for the KO’s review and approval of travel.

The Contractor is responsible for monitoring its paid and unpaid travel invoices in order to not request pre-approved travel in amounts exceeding the remaining funds on this Contract Line Item (CLIN). The contractor will be reimbursed for pre_approved travel when it does not exceed remaining funds on this CLIN.

The Contractor should inform the Government when funds for three trips are estimated to remain on the CLIN.

The Contractor shall not add fees to its invoices for travel, to include General and Administrative (G&A) expenses.

Price for Airfare should normally not exceed the price of a coach ticket purchased 14 days in advance.

Price for Per Diem (Lodging and Meals & Incidental Expenses) will be considered reasonable if based on the rates and policies of the Joint Travel Regulation (JTR) which can be found at http://www.gsa.gov.

1003 12 Each OPTION Monthly Activity Report

FFP

The Contractor shall prepare and deliver a Monthly Progress/Activity Report to the Commercial Utilities Program (CUP) Project Manager and Contracting Officer Representative (COR), and to the UP Program Manager and UP Assistant Program Manager, no later than the 10th calendar day of the month for the immediate month preceding.

1004 1 Lot OPTION Service Contract Reporting (SCR)

FFP

The contractor must comply with Service Contract Reporting (SCR), a report its service contract manpower on an annual basis in the System for Award Management at https://sam.gov. The contractor shall ensure that the costs associated with this requirement are incorporated within their proposal and not separately priced.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Technical Support Services for Army Utilities Program Program Management Support

IMCOM G-4 Public Works

24 February 2023

1.0 UTILITY PROGRAM TECHNICAL SUPPORT. The contractor shall provide specialized Utility Program technical support to US Army Installation Management Command (IMCOM) G-4 Public Works Energy Division;

work to be performed at the HQ IMCOM at Joint Base San Antonio (JBSA), IMCOM installations in CONUS, and at OCONUS locations as required. Effort includes Utilities Program management support services for Government- Owned (GO) systems in the Utilities Privatization (UP) portfolio. Contractor shall perform Post-Award Contract Management support to include UP contracts administered by Defense Logistics Agency-Energy (DLA-Energy), Mission Installation Contracting Command (MICC), and Army Contracting Command (ACC).

Effort will consist of a 12-month Base performance period, and a 12-month Option performance period. Effort includes evaluation of GO utility systems for input to the Army utility maintenance and management systems; to include the Installation Status Report – Infrastructure (ISR-I) and ISR – Mission Capability (ISR-MC), and the Utilities Sustainment Management System (SMS) under development. Support services include performing on-site Technical Assistance Visits (TAV) of UP utility systems as required to validate the Monthly System Performance Reports (MSPRs), and the verify system condition reports submitted by UP System Owners. Program Management support shall also include TAVs to conduct review and analysis of 5/10 Year Capital Investment Plans, maintenance management reports, and resiliency progress reports for GO systems.

All work performed shall reflect thorough, professional, detailed knowledge of utility industry standards, alternative financing mechanisms (AFMs) laws and regulations, and UP policy and guidance, including but not limited to Congressional guidance and amendments of 10 U.S. Code (USC) 2688, 10 USC 2922a, 10 USC 2813, the National Defense Authorization Act (NDAA), Office of the Secretary of Defense (OSD) guidance, and applicable Army policies.

Support will be provided under direction of the IMCOM G-4 Energy Division Chief within the Public Works Directorate. The Contractor shall also work closely with other staff and offices supporting the Army Utilities Program, the UP-Working Group, and the OSD UP Working Group Team. A member of the Energy Division of the US Army Engineering and Support Center, Huntsville (CEHNC) will act as the COR on this contract.

The Contractor will provide support with Subject Matter Experts (SME) assigned on-site at JBSA (1 FTE) and off-site (1 FTE), with significant knowledge of the utility management, Army utility management SME supporting other CONUS and OCONUS locations. Work will require a government issued computer and network access which will be provided by IMCOM. The computer will remain accountable to IMCOM but will be sub-hand receipted to the contractor for the performance of this contract via IMCOM’s hand receipt method. Use of the computer and network access will only be allowed for the performance of this contract and the computer will not be removed from the Government’s facility where it is located and utilized by the Contractor, unless otherwise provided for in this contract or approved by the Contracting Officer.

Program management function includes associated support for program execution, such as meetings, teleconferences, support for or presentation of briefings, and tracking of milestones needed for timely program execution.

2.0 QUALITY MANAGEMENT. The scale below on the following page will be used to determine an Exceptional, Satisfactory, or Unsatisfactory performance rating.

Rating Standard

Exceptional Performance and deliverables significantly exceed contract requirements to the Government’s benefit. Report provides an exceptional evaluation based on outstanding understanding of the system.

Satisfactory Performance and deliverables meet contractual requirements. Report indicates a thorough evaluation based on an understanding of the system.

Unsatisfactory Performance or deliverables do not meet contract requirements.

Report does not provide an evaluation that conveys an understanding system condition. Report lacks detail sufficient for customer to develop a plan of action.

3.0 DELIVERABLES

Electronic Deliverables – The Contractor shall provide reports and other products as described herein, submitted in electronic digital format (Microsoft Word) for reports, analyses, and other text-based deliverables, PowerPoint for all presentations, Excel for system databases, cost estimates, system valuations, contract cost data, and technical data), and Portable Document Format (pdf) for all record images and documents, such as signed contracts. Contractor shall email deliverables to the UP Program Manager with copy to the cognizant Land-Holding Command (LHC) and the Contracting Officer Representative (COR), to include the following (as required):

3.1 Activity Reports: Due on the 10th of every month. Reports shall detail activities performed during the previous month, the overall completion status of the PWS, with a status narrative addressing each sub-installation.

The report shall describe any anticipated delays in project completion and the contractor’s actions to mitigate such delays. The report shall describe work completed and issues encountered. (ref: Monthly Activity report template).

The Government will evaluate contractor performance for this deliverable monthly in accordance with paragraph 2.0.

3.2 Trip Reports with Preliminary Findings and Recommendations: Due 15 days after a trip is completed.

Reports shall detail activities performed during the trip (ref: Trip Report template). The Government will evaluate contractor performance for this deliverable monthly in accordance with paragraph 2.0.

3.3 Draft SCA Report: Draft SCA Report/To Include specific details concerning infrastructure that is considered high failure: Due 40 days before the contract expiration date. Report shall detail support for determinations of infrastructure considered high failure (ref: SCA Report template). The Government will evaluate contractor performance for this deliverable in accordance with paragraph 2.0.

3.4 Final SCA Report: Final SCA Report: Due 10 days before the contract expiration date. The Government will evaluate contractor performance for this deliverable in accordance with paragraph 2.0.

4.0 PERIOD OF PERFORMANCE SCHEDULE

Period of Performance for this PWS is from date of award up to two (2) years following award consisting of a 12 month Base year and 12 month Option follow-on year.

5.0 TRAVEL

The Contractor will be required to travel to CONUS and OCONUS installations, the Pentagon, AMC HQ, or other sites, in support of the tasks and activities identified in the paragraph 1.0 of this PWS. Contractor will be required to travel to relevant Installations to perform TAVs for GO and UP systems. Travel expenses will be submitted iaw FAR 31.205-46 by routine invoicing procedures. Travel will be substantiated and evaluated for fair and reasonableness using Joint Travel Regulation. The contractor is responsible for not exceeding the dollar amount on the Travel line item with its total travel expenses from all trips combined.

6.0 DISTRIBUTION

All electronic deliverables shall be sent via email to:

Ryan.c.hernandez.civ@army.mil Barbara.l.osterkamp@usace.army.mil

7.0 PAYMENTS

The Government will make progress payments no more frequently than monthly for a large business, and every two

(2) weeks for a small business, as work progresses under the contract. Payments shall be made against approved progress reports submitted by the Contractor. The Contractor shall provide data in support of their billings which are subject to acceptance by the Contracting Officer or Contracting Officer Representative (COR).

8.0 INVOICING INSTRUCTIONS

Electronic invoice requirements and submission:

Electronic invoice submissions should include contractor’s letterhead and use the format of Standard Form 1034 in accordance with FAR 52.232-1, Payments. The contractor’s use of ENG Form 93 will also be required.

Invoices shall be submitted to the COR for processing.

9.0 REPORT TEMPLATES

Template 1: Activity Report

Template 2: Trip Report

Template 3: System Condition Assessment General Requirements:

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

-U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/ - Federal Veteran Employment Information: https://www.fedshirevets.gov/ -Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/ -U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html -Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

APPENDIX A – SECURITY REQUIREMENTS

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

4. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

5. Contract personnel requiring access to Government information systems: All contract personnel with access to a government information system (including USACE business systems and CAC-enabled websites) shall comply with applicable DoD and Army regulations and shall use the organization's User ID-Password Administration and Security System (U-PASS) at commencement of services to request network user accounts. Contract personnel shall complete DoD Information Assurance Awareness training prior to accessing information systems, and annually thereafter.

6. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at

(https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

Section G - Contract Administration Data

INVOICE INSTRUCTIONS

Electronic invoice requirements and submission:

Electronic invoice submissions should include contractor’s letterhead and use the format of Standard Form 1034 in accordance with FAR 52.232-1, Payments. The contractor’s use of ENG Form 93 will also be required.

Invoices shall be submitted to the COR for processing.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

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

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-12 Certification Regarding Tax Matters OCT 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2022

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

DEC 2022

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

DEC 2022

52.216-23 Execution And Commencement Of Work APR 1984 52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.219-1 Small Business Program Representations OCT 2022 52.219-9 Small Business Subcontracting Plan OCT 2022 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun 2014)

JUN 2014

52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

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

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.224-3 Privacy Training JAN 2017 52.225-1 Buy American--Supplies OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-1 Payments APR 1984 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

NOV 2021

52.232-30 Installment Payments for Commercial Products and Commercial Services

NOV 2021

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.234-2 Notice of Earned Value Management System - Preaward

Integrated Baseline Review

NOV 2016

52.234-3 Notice of Earned Value Management System - Postaward Integrated Baseline Review

NOV 2016

52.234-4 Earned Value Management System NOV 2016 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

JAN 2023

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

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

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.

To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this…