RFQ_140D0424Q0845.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Request for Quotation (RFQ)

Project Title: FSB Meeting Transcription Services

Solicitation: 140D0424Q0845

Part 1 – General

1.1 Issuing Agency:

Department of the Interior (DOI), Interior Business Center (IBC), Acquisition Services Directorate (AQD)

1.2 Requesting Agency:

DOI, Office of Subsistence Management (OSM)

1.3 Purchase Order Information:

AQD is issuing this RFQ in accordance with Federal Acquisition Regulation (FAR) Subparts 12 - Acquisition of Commercial Products and Commercial Services and FAR 13 – Simplified Acquisition Procedures. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and an additional solicitation will not be issued.

NAICS Code: 561492 – Court Reporting and Stenotype Services SB Size Standard: $19M Product Service Code: R606 – Support – Administrative: Court Reporting Set Aside: Woman-Owned Small Business (WOSB)

1.4 Purchase Order Administration:

a. In no event shall any understanding, agreement, change, or other matter deviate from the terms of this RFQ between the contractor and a person other than the IBC AQD, Contracting Officer (CO) be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer (CO).

b. The CO is: Ericka Graham, 571-560-2329, ericka_graham@ibc.doi.gov

c. Contracting Officer’s Representative (COR): To be Provided

d. Contractor’s Information: To be Determined.

e. All contract administration associated will be performed by the CO and COR unless otherwise designated. Changes in the CO will be made by written modification.

mailto:ericka_graham@ibc.doi.gov

1.5 Contract Type:

The Government anticipates awarding a hybrid contract with Firm-Fixed Price and Labor Hour contract line items (CLINS). Labor Hour CLINS will have a not-to-exceed ceiling.

1.6 Period of Performance:

The period of performance will be:

Base Period: October 1, 2024 – September 30, 2025 Option Period 1: October 1, 2025 – September 30, 2026 Option Period 2: October 1, 2026 – September 30, 2027

1.7 Non-Personal Services Contract

This is a “non-personal services” contract. It is therefore understood and agreed that the contractor and/or the contractor’s employees shall: (1) perform the services specified herein as independent contractors, not as employees of the government; (2) be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; and (4) pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such direction of the Contracting Officer; or the duly authorized representative as is necessary to ensure accomplishment of the contract objectives. The contractor shall include this language in all subcontracts for contractor support services under this contract.

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Part 2 - Statement of Work

Court Reporting for the Federal Subsistence Board

2.1 Overview

The Office of Subsistence Management (OSM) has a requirement for court reporting and transcription services of Federal Subsistence Board (Board) meetings to ensure an accurate record of Board decision making. The contractor shall provide all management, supervision, labor, travel and supplies necessary to provide court reporter services as specified by OSM.

The Federal Subsistence Board annually conducts one weeklong public meeting and schedules one to two 2-day work sessions that all require in-person court reporting. In addition, the Board will schedule as many as 6 – 8 half day virtual public teleconference meetings requiring accurate court reporting of public participation and Board action.

The subject matter discussed during the meetings is unique to Alaska, highly sensitive, and very complex; testimony is often shared in the indigenous languages of Alaska or makes reference to Alaska Native place names. Familiarity with Alaskan people, places, fish and wildlife, and regulatory language is essential. Transcripts of these meetings become a part of the Boards’ permanent public record and published on the Federal Subsistence Management Program website (https://www.doi.gov/subsistence).

Most meetings will take place in Anchorage or via teleconference. The Board may decide to hold a meeting in a smaller hub community with a venue that provides the technical and logistical needs of Federal Subsistence Management Programs public process. If the Board considers such a venue, OSM will consult with the Court Reporters to ensure the venue meets their needs.

Meetings may be a combination of in-person and virtual attendance. Recording/transcription services need to accommodate the possibility of both.

2.2 Contractor Requirements and Products:

The contractor shall be responsible for recording and providing accurate transcripts of all Federal Subsistence Board meetings open to the public that fall within the periods of performance.

Personnel:

The contractor shall utilize skilled and productive labor based upon industry standards and according to the specifications described herein. Failure on the part of the contractor to utilize skilled and productive labor may result in the Government terminating the contract.

A. Qualifications of employees: all personnel engaged in the work to be accomplished under this contract shall be fully trained in the operation of the sound system and transcribing equipment necessary to produce accurate and timely transcripts of the meetings.

B. The contractor should have familiarity with Alaskan people, geography, and placenames (including recognition of Alaskan indigenous placenames) to ensure accurate documentation of meeting discussions.

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C. Written notification of personnel: the contractor shall provide in writing to the Contracting Office within five (5) days prior to the contract starting date the names of contractor personnel who will be performing work under this contract. This list of personnel will be updated by the contractor prior to a change in personnel at the work site.

Communications and Venue:

The contractor shall ensure communications with the Government prior to the event as well as perform a site visit to review the venue prior to setup.

A. Communications. At least 30 days prior to the schedule event, the contractor shall communicate with the Government POC to coordinate/plan for the event.

B. Venue. If a new venue, the contractor must conduct an onsite visit of the venue prior to the event to ensure there are no considerations that would impact performance requirements identified in this Statement of Work.

Recording and sound equipment:

A. OSM will provide up-to-date microphone units and a controller unit without speakers, wires, or mixers. The contractor will be required to supplement that system with the equipment necessary to obtain a high-quality (i.e. clear and audible) audio recording of each meeting, which could include additional microphones. In-person Board regulatory meetings will require between 30 – 40 mic-ed positions.

B. Any equipment used for in-person meetings must interface with the audio and telecommunication systems at meeting locations. Equipment used must have the ability to hook up to digital as well as analog connections. This might involve the contractor providing long extension connections for their equipment.

C. The contractor will be responsible for the storage, transportation, and set-up of recording/sound equipment, including the microphone units and controller unit, as well as ensuring it performs correctly through the course of the meeting.

Transcript Requirements/Deliverables:

A. The contractor will provide an electric copy of each transcript in standard legal format, with a signed certification statement from the court reporter on the last page. Those transcripts and the electronic files must be single-spaced and formatted with line and page numbers and conform to industry transcription standards acceptable by all U.S.

Federal Courts. All transcripts must be in current Microsoft Word version, as well as provided in PDF format. All files, regardless of format, must be compliant with Section 508 of the Rehabilitation Act.

B. The transcripts and the electronic files shall be emailed to OSM within ten (10) working days of the end of the meeting. This includes all administrative documents associated

Washington, DC 20240 with the meeting such as handouts, sign–in sheets, testifier forms etc. if handled through the court reporting contractor.

C. If the meeting is longer than a single day, the contractor may submit transcripts for individual meeting days (i.e. meeting day 1, meeting day 2, etc.) as they are completed, but the full transcript must be submitted within the required ten working day period.

Travel requirements:

A. The contractor and/or staff may be required to travel to a meeting location other than Anchorage (Fairbanks, Juneau, Sitka, Bethel, etc.) once every 2 – 5 years. Contractor is responsible for transportation of equipment and all associated staff travel costs.

Standards of conduct:

A. The contractor shall be responsible for maintaining satisfactory standards of employee conduct in keeping with established protocol of public meetings as well as professional standards of competence, conduct, appearance, and integrity.

Meeting Schedule:

FSB in-person meetings in 2025 have been set for:

• February 3 - 7, 2025

• August 6 - 7, 2025 (work session)

FSB in person meetings in 2026 (tentative):

• February 4 - 5, 2026 (work session)

• April 13 - 17, 2026

• August 5 - 6, 2026 (work session)

FSB in person meetings in 2027 (tentative):

• February 8 - 12, 2027

• August 4 - 5, 2027 (work session)

Virtual Public Teleconference Meetings are scheduled on an as-needed basis. Contractor will be provided at least 10 working days’ notice of a virtual meeting.

Additional costs:

In the event of any defined meetings scheduled for the Base Period, or for the defined meetings schedule for any exercised Optional Period, being cancelled by the Government with less than 48 hours advanced written notice, or lack of quorum for the scheduled meetings, the contractor may submit for reimbursement of actual costs incurred. Additional costs for cancellation shall not exceed the current established per-diem rate for the meeting location as listed at:

http://www.defensetravel.dod.mil/pdcgi/pd-rates/opdrates.cgi for OCONUS-Alaska.

http://www.defensetravel.dod.mil/pdcgi/pd-rates/opdrates.cgi

Part 3 – Attachments

Attachment Description Date (if applicable)

A Pricing Worksheet B WD 2015-5681 Rev. 20 05/10/2024

Washington, DC 20240

Part 4 - RFQ Instructions

1. Questions/Intent to Quote: Questions regarding this requirement are due by July 26, 2024 at 12:00pm Alaska Daylight Time (AD). Questions must be submitted via email to Ericka Graham, ericka_graham@ibc.doi.gov with the “RFQ 140D0424Q0733 – FSB Meeting Transcription Services” in the subject line.

2. RFQ Response Due Date: Responses to this RFQ are due by August 7, 2024 at 5:00pm AD. Responses must be submitted via email to Ericka Graham, ericka_graham@ibc.doi.gov with the “RFQ 140D0424Q0733 – FSB Meeting Transcription Services” in the subject line by the response due date.

3. RFQ Submission Requirements: The following must be submitted to be considered for award:

A. Technical Submission:

There must be no pricing information in the Technical Submission.

Section 1: General Information

• RFQ number

• Vendor Name

• Vendor’s Address

• Unique Entity ID

• CAGE Number

• Point of Contact information to include name, address, email and telephone number

• A statement specifying agreement with all the terms, conditions, and provisions included in this RFQ.

• Acknowledgement of all amendments to the RFQ

• Technical Assumptions (if applicable): Offerors shall indicate, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS or the task order RFQ as written. If technical assumptions are not noted in this section of the quote, it will be assumed that the offer reflects no technical assumptions for award and the offeror agrees to comply with all of the terms and conditions set forth herein. Any technical-related assumptions listed in any other volume or section shall be null and void. The offeror is advised that any exception taken to the terms and conditions of the task order RFQ may adversely impact its evaluation rating. Any assumptions that are considered unacceptable by the Government and cannot be resolved may result in the offeror being removed from further consideration.

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Section 2 – Technical Approach

Understanding the Requirement

The offeror must provide a detailed work plan that demonstrates its understanding of all requirements of the Government’s statement of work (SOW). The response must address all of the required tasks in the SOW to include:

• Approach to obtaining verbatim, error free, and timely digital audio recordings of public meetings that have a combination of in-person and virtual participants.

• Proposed recording and sound equipment.

• Quality controls to ensure error free transcripts delivered within 10 business days.

• Staff with required experience, to include the knowledge of Alaskan geography and place names and possesses ability and training to understand varying Alaskan accents.

Proposed staff must be accompanied by resumes demonstrating above expertise.

Past Performance

Offerors must provide examples of at least two (2) past projects performed within the past three

(3) years for work similar in scope and size to the requirements specified in the SOW. For each project, the offeror should provide a brief description and explain how it relates to the SOW, particularly referencing performance in Alaska. Each project should also include the contract number, value (in dollars), and technical/contracting points of contact (name, organization, email address, and telephone number).

B. Price Submission:

The price quote shall be a separate attachment from the Technical Submission.

• Utilizing Attachment A – Price Worksheet, offerors must provide a firm-fixed price for the weeklong meetings and work sessions for each year. Offerors must provide a firm rate for virtual half-day meetings, assuming up to 8 meetings in a year. Additional information can be added to the Price Worksheet, but no fields should be removed.

• This purchase order is subject to Service Contract Labor Standards and wages must be in compliance. The Wage Determinations for Anchorage, Alaska are provided in Attachment B.

• Offerors shall indicate any price-related assumptions that have been made, conditions that have been stipulated, or exceptions that have been taken with the PWS or RFQ as written.

If not noted in this volume of the quote, it will be assumed that the offeror’s quote reflects no price assumptions for award and agrees to comply with all the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the offeror’s quote. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void. Any assumptions that are considered unacceptable by the Government and cannot be resolved may result in the offeror being removed from further consideration.

Part 5 - Basis for Award/ Evaluation

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

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

Technical:

Evaluation of the offeror’s technical response will be based on the approach to addressing the tasks in the SOW.

1. Understanding the Requirement:

Degree to which the quoter provides a clear, detailed approach that clearly demonstrates their understanding of the requirements within the SOW. To include the approach to:

o Approach to obtaining verbatim, error free, and timely digital audio recordings of public meetings that have a combination of in-person and virtual participants.

o Proposed recording and sound equipment.

o Quality controls to ensure error free transcripts delivered within 10 business days.

o Staff Resumes will be evaluated for required experience, to include the knowledge of Alaskan geography and place names and possesses ability and training to understand varying Alaskan accents.

2. Past Performance

Degree of evidence of relevant experience, successful accomplishment of similar tasks and work on recent contracts of similar size, scope, and complexity.

Price:

Price will be evaluated to determine if it is fair and reasonable based on the competition or in accordance with FAR 13.103-3(a)(2).

Technical and past performance, when combined, are more important than price.

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

(End of provision)

Washington, DC 20240

Part 6 – Provisions and Clauses

Custom Purchase Order Clauses

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoice Contents:

Invoices will be paid upon approval and acceptance by the Government COR. Invoices must include, as a minimum, the following information:

1. CLIN/Item number of deliverable

2. Description of deliverable

3. Price of deliverable

4. Quantity of deliverable

5. Date deliverable was provided to the Government for inspection

6. Serial number/part number if applicable

• The contractor is responsible for ensuring invoices submitted are accurate and complete and in accordance with the contract task order price, terms and conditions.

• Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.

Payment:

A. Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

B. The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

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Final Invoice:

Within sixty calendar days of final acceptance and/or completion of services:

1. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

2. The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this task order.

3. The contractor shall provide a release of claims against the government for any further payment under this task order.

The sixty-calendar day submission time frame shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the contractor shall provide backup documentation to support the quantities invoiced as an attachment to the IPP invoice:

(End of Custom Clause)

AQD Contractor Performance Assessment Reporting System (Dec 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

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b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of custom clause)

Custom Clause – Return of Data

The Government shall have the right to request the Contractor to return all data provided by the Government and/or developed/generated during the performance of this requirement. The Contractor shall return all data within 15 days, upon request by the Contracting Officer. Such request can be either in writing or in email.

The Contractor shall timely convert all data, stored in electronic form, to a format, defined by the Government, within the 15-day transfer period. The Contractor shall convey such data at no-cost by the Vendor to either the Government or a designated Contractor’s storage. The Contractor shall also include source code to software developed by the Vendor for the Government.

(End of Custom Clause)

Custom Clause – Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

(End of Custom Clause)

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Purchase Order Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/far/part-52

FAR

Provision

Title Date

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting 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

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

Sep 2023

52.212-3 Offeror Representations and Certifications— Commercial Products and Commercial Services

Feb 2024

52.217-5 Evaluation of Options Jul 1990

52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ericka Graham, ericka_graham@doi.gov.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

(End of provision)

Custom Provision - AQD Evaluation of Options Provision (MAR 2022) https://www.acquisition.gov/far/33.101#FAR_33_101

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The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic award. To account for the possible use of the additional six-month option period(s) permitted under 52.217-8, the Government will take the price for the final (or highest priced) option period, prorated to a six-month value, and add it to the sum of the base plus all option periods. The agency’s price evaluation will mathematically document the calculation of adding the six months of services for the option to extend services to the total contract price in the award summary.

This amount will be used for comparative evaluation for award purposes only. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the options.

FAR 52.217-8 can be exercised at any point during the period of performance of the contract and applies to the period of performance immediately preceding exercising the option.

(End of Provision)

Purchase Order Clauses

52.252-2 Clauses Incorporated by Reference

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/far/part-52

(End of clause)

FAR Clause Title Date 52.203-3 Gratuities Apr 1984 52.204-21 Basic Safeguarding of Covered Contractor

Information Systems Nov 2021

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code

Maintenance Aug 2020

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

Nov 2023

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

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(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

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

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

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

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

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

Washington, DC 20240

__ (6) [Reserved].

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

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

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

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

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

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

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

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

__ (14) [Reserved].

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

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

__ (17) [Reserved]

__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7

Washington, DC 20240

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

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

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

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

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

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

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

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19

Washington, DC 20240

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

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

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

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

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

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

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

_X_ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671

Washington, DC 20240

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

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

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

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

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

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

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

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

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

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

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

https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4…