RFQ 19FS1A24Q0013 9-9-24.pdf

19FS1A24Q0013

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

1031472019

5. SOLICITATION NUMBER

19FS1A24Q0013

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

09/09/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Susan Paek

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL PaekS@state.gov

8. OFFER DUE DATE / LOCAL

TIME

09/16/2024 10:00am EST

CODE FSIAQ

FSI OFFICE OF AQUISITIONS (FSI/EX/GSACQ)

4000 ARLINGTON BLVD

ARLINGTON, VA 22204

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SERVICES NO SHIPPING REQUIRED

SERVICES NO SHIPPING REQUIRED

WASHINGTON, DC 20520

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Alyse N. Girard

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

SBU - CONTRACTING AND ACQUISITIONS

518210

RFQ: 19FS1A24Q0013

Online IT Training Lab Hosting Services

PART I – SUPPLIES OR SERVICES AND PRICE/COST

This is a solicitation in accordance with FAR Part 12- Acquisition of Commercial Items utilizing policies and procedures from FAR 13- Simplified Acquisition Procedures. This requirement is a Total Small

Business set aside. NAICS code is 518210 – Data Processing, Hosting, and Related Services.

1.0 CONTRACT LINE ITEM NUMBER (CLIN)

CLIN Description Quantity Unit Unit Price Total Cost

Custom and

Shared Labs

(Est. 12

Students per class)

1200 EA $ _______ $ _______

Lab Dev Seat

Licenses

12 EA $ _______ $ _______

GRAND TOTAL $ _______

PART II – SPECIFICATION/PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT: Online IT Training Lab Hosting Services

1.0 INTRODUCTION

The School of Applied Information Technology (SAIT) of the Foreign Service Institute

(FSI) requires a service provider to host Online Virtual Labs for its IT courses. The principal goals are for the vendor to provide SAIT/ET’s students access to SAIT dedicated labs, during class delivery as well as additional access after class.

2.0 BACKGROUND

The U.S. Department of State’s Foreign Service Institute (FSI) is the bureau of record responsible for providing training opportunities in support of the Institute’s mission. The

School of Applied Information Technology (SAIT) of the Foreign Service Institute is committed to globally providing the highest level of quality instruction to the Department's

Foreign and Civil Service technology practitioners and professionals in information technology tradecraft, systems and security. SAIT’s Enterprise Technology (ET) division seeks to augment its classroom training with course specific online labs, delivered via the

Internet.

3.0 REQUIRED PERFORMANCE STANDARDS

The Contractor shall provide:

• SAIT dedicated customizable labs with the option of SAIT instructors to add step-by-step instructions.

Platform should provide SAIT lab developers direct access to lab profiles and content without a need to request changes or supply documentation

• Life-cycle actions to deploy scripts at lab launch which are used to configure the environment (virtual machines, accounts, cloud resources)

• A customizable menu of automated activities using hyperlinks, within the lab to deploy/configure resources and validate a student’s ability to complete a task

• Microsoft labs (if required) with step-by-step instructions, also known as integrated digital labs, the ability to save incomplete labs for thirty days

• The ability to take a lab snapshot and save the snapshot for twenty-four hours, and resume the lab from the snapshot

• Provide remote access to students’ labs, also known as the instructor share service, for

SAIT instructors, all via a secure Internet portal. The Internet portal shall be branded with the SAIT logo.

The student interactive portions of the labs need to be section 508 compliant

• The Labs and instructor share service shall support HTML5, not require any plug-ins or add-ons, shall be accessible from any type of device, including mobile devices, 24 hours per day, 7 days per week, 365 days a year, and accessible from anywhere in the world with a reasonable performance latency regardless of student location, except during planned downtime

• Student access to labs for 180 days from time of taking the course

• Data centers located in different regions of the world to support our worldwide work force

• Ability to designs labs for all courses utilizing tools to tailor the experience of a real environment

• Provide a learning management platform that shall be cloud based and fully compatible with existing

Amazon Web Services (AWS) virtual machine images and architecture

• Ability to import and export current labs from the existing AWS platform to the vendor’s new cloud platform

• Both the VM servers and the lab written instructions in text format to attach to the lab.

• Provide videos with voice over

• Ability to support all types of VMs such as but not limited to (ESXI, Vcenter, VMWare workstation, and VMware Server) as well as Support Linux VM

• Provide tools to build labs directly in the environment including VMs and containers.

• Provide performance-based assessment activities

• Provide activity-based assessment activities

• Shared labs and access allowing for collaboration between teams that allow an instructor to control an instructor managed environment while students manage connected environments. This should allow instructors to adjust on the fly during class and allow students to work on their set ups to adjust and respond to these changes

• Individual support to help build labs from scratch helping speed the development of the courseware.

• Access to labs by instructors at any time.

• Access to internet from within the lab

• Each student’s lab will be its own unique environment which will be initialized and torn down individually

• FSI may seek an equitable price reduction for nonconforming services.

• The labs offer training and study opportunities to students outside the classroom

• The instructor share service allows SAIT instructors to troubleshoot and monitor students’ progress as they are completing labs

• Microsoft tenant access for M365 providing the ability to deploy a configuration in Microsoft 365 tenants students bring with them

4.0 CONTRACTOR RESPONSIBILITIES

The lab hosting service offered by the vendor shall include the option to host SAIT custom labs supporting VMWare-type virtual machines, including but not limited to operating systems (desktop and server), messaging, ISO files, applications, internet connectivity, local networking, and scripting.

The labs will be instructor-led and instructor share service shall be accessible via modern

Internet browsers, including but not limited to, Microsoft Edge, Google Chrome, Firefox, and Safari. The Labs and instructor share service shall support HTML5, not require any plug-ins or add-ons, shall be accessible from any type of device, including mobile devices, 24 hours per day, 7 days per week, 365 days a year, and accessible from anywhere in the world with a reasonable performance latency regardless of student location, except during planned downtime. The Labs shall include a “save lab” function and a “revert lab” function. In order to access the labs, a secure login to an Internet portal is required. The

Internet portal shall be branded with the SAIT logo. The student interactive portions of the labs need to be section 508 compliant.

The vendor shall notify the Contractor Officers Representative (COR) via email, seven days prior to planned downtime and shall schedule planned downtime, to the maximum extent practicable, during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday

Eastern time.

Technical support shall be available 24 hours per day, 7 days per week, 365 days a year and accessible via a toll-free telephone number, email, and Internet chat messaging.

5.0 PROJECT REQUIREMENTS

1) Online Custom lab for all courses.

2) SAIT requires support for VMWare and Hyper-V.

Standard Lab Requirements:

1. Lab Internet connectivity

2. File access support (ISO files)

3. Hypervisor – VMWare

4. Average 12 students per class with each student having their own unique lab environment

5. Labs will run average 6 hours per day per class

6. Classes range from 2 to 10 days

Annual Lab Resources Breakdown:

1. Custom Labs for 1,200 students (per year).

2. Flat rate per student / per course - Max 60 hours and Max 50GB RAM (per year); may include a tenant

3. Lab Developer Seats is 12 (per year)

4. All services are to be paid as an annual commitment on a flat rate

5. Period of performance for this effort is one year

6.0 PLACE OF PERFORMANCE/DELIVERY

The vendor must deliver the online labs via the Internet as outlined above.

7.0 SECURITY REQUIREMENTS

HTTPS, TLS2, SSL, and as these technologies improve, the improvements shall be included in the labs and instructor share service.

PART III – PREPARATION AND SUBMISSION OF QUOTATIONS

1.0 TYPE OF CONTRACT

The Government contemplates the award of a Firm Fixed Price Purchase Order resulting from this

Request for Quotation (RFQ).

2.0 QUOTE SUBMISSION PROCESS

Offerors shall submit their offer via email to Susan Paek at PaekS@state.gov no later than 10:00 am

(EST) September 16, 2024.

All questions concerning this RFQ must be in writing and are due no later than 10:00 am (EST)

September 11, 2024. Written inquires will be answered in writing via amendment. All questions should be submitted to PaekS@state.gov.

3.0 FORMAT AND INSTRUCTIONS FOR QUOTE SUBMISSION

The RFQ response package shall consist of two (2) volumes (separate files). The Volumes are:

Volume I – Technical Quote and Volume II – Price Quote.

The Volumes are:

Volume I – Technical Quote – fifteen (15) page limit. This limitation is inclusive of any charts, tables, pictures, and diagrams, but does not include the table of contents, cover letter or personnel resumes, if required and/or applicable. Pages that exceed the required page limitations will not be evaluated.

Volume II – Price Quote – No page limit

COMPLIANCE WITH INSTRUCTIONS

When evaluating an Offeror’s capability to perform the prospective services, the Government will also consider compliance with these instructions. The Government will consider an Offeror’s noncompliance with these instructions, or any attempt to evade the requirements imposed by these instructions, as indicative of the conduct the Government may expect from the Offeror during performance under the resulting award. The Government reserves the right to treat noncompliance with these instructions as a risk and may treat such risk as grounds to eliminate any Offeror from award consideration.

• The Offeror shall provide a company Point of Contact including telephone number and email address who will be available to respond to any questions the Government may have.

QUOTE PREPARATION INSTRUCTIONS – VOLUME I - TECHNICAL QUOTE

Volume 1 - Technical Quote: the technical quote shall consist of the following sections:

• FACTOR 1: TECHNICAL CAPABILITY

The Offeror shall demonstrate their technical understanding of the requirements, its approach and methodology, and proposed solution to successfully conducting all tasks by explaining how it will successfully perform each element of the Performance Work Statement (PWS). The detailed approach shall: (i) clearly define its technical approach demonstrating how it will successfully perform all tasks and/or services outlined in the PWS, to include, but not limited to, meeting the specific performance standards in the PWS, Section 3.0 Required Performance Standards:

1). SAIT dedicated customizable labs with the option of SAIT instructors to add step-by-step instructions. Platform should provide lab developers direct access to lab profiles and content without a need to request changes or supply documentation

2). Life-cycle actions to deploy scripts at lab launch which are used to configure the environment

(virtual machines, accounts, cloud resources)

3). A customizable menu of automated activities using hyperlinks, within the lab to deploy/configure resources and validate a student’s ability to complete a task

4). Microsoft labs (if required) with step-by-step instructions, also known as integrated digital labs, the ability to save incomplete labs for thirty days

5). The ability to take a lab snapshot and save the snapshot for twenty-four hours, and resume the lab from the snapshot

6). Provide remote access to students’ labs, also known as the instructor share service, for SAIT instructors, all via a secure Internet portal. The Internet portal shall be branded with the SAIT logo. The student interactive portions of the labs need to be section 508 compliant

7). The Labs and instructor share service shall support HTML5, not require any plug-ins or add-ons, shall be accessible from any type of device, including mobile devices, 24 hours per day, 7 days per week, 365 days a year, and accessible from anywhere in the world with a reasonable performance latency regardless of student location, except during planned downtime

8). Student access to labs for 180 days from time of taking the course

9). Data centers located in different regions of the world to support our worldwide work force

10). Ability to designs labs for all courses utilizing tools to tailor the experience of a real environment

11). Provide a learning management platform that shall be cloud based and fully compatible with existing Amazon Web Services (AWS) virtual machine images and architecture

12). The ability to import and export current labs from the existing AWS platform to the vendor’s new cloud platform

13). Provide both the VM servers and the lab written instructions in text format to attach to the lab

14). Provide videos with voice over

15). Ability to support all types of VMs such as but not limited to (ESXI, Vcenter, VMWare workstation, and VMware Server) as well as Support Linux VM

16). Provide tools to build labs directly in the environment including VMs and containers.

17) Provide performance-based assessment activities

18). Provide activity-based assessment activities

19). Shared labs and access allowing for collaboration between teams that allow an instructor to control an instructor managed environment while students manage connected environments. This should allow instructors to adjust on the fly during class and allow students to work on their set ups to adjust and respond to these changes

20). Individual support to help build labs from scratch helping speed the development of the courseware.

21). Access to labs by instructors at any time.

22). Access to internet from within the lab

23). Each student’s lab will be its own unique environment which will be initialized and torn down individually

24). FSI may seek an equitable price reduction for nonconforming services.

25). The labs offer training and study opportunities to students outside the classroom

26). The instructor share service allows SAIT instructors to troubleshoot and monitor students’ progress as they are completing labs

27). Microsoft tenant access for M365 providing the ability to deploy a configuration in

Microsoft 365 tenants students bring with them

• FACTOR 2 – PAST PERFORMANCE

The Offeror shall submit with its offer up to three (3) contracts or task orders, performed during the past three (3) years that are representative of the Offeror’s capability to provide services with similar scope, magnitude, and complexity of prior performance, similar to that stated in the Statement of Objectives. The

Offeror shall also specifically address its resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards.

Contracts or task orders listed may include those entered into by the Federal Government agencies of state and local Governments and commercial customers. Include the following information for each contract:

a) Project Title

b) Whether the Offeror performed as the prime or subcontractor

c) Agency Managing Project

d) Client / Agency Point of Contact (POC) to include name, phone number, and email address

e) Project Agency Contract / Order Number

f) Period of Performance

g) Value by year of contract / order

h) Discussion of the similarities and differences between this proposed effort and the specifications of those contracts / task orders; and

i) A brief description of the expectations and scopes of each of the contracts / task orders

The Government may supplement the information provided by the Offeror with information obtains through reference checks, its own knowledge/experience, and/or from other sources. These sources may include, but are not necessarily limited to, other Government contracting offices and the Contractor

Performance Assessment Reporting System (CPARS).

QUOTE PREPARATION INSTRUCTIONS – VOLUME II – PRICE QUOTE

Volume II – Price Quote: The price quote shall consist of the following:

The Offeror shall submit firm fixed pricing (fill in the Unit Price, Total Cost and Grand Total) for every line item listed in Part I – Supplies or Services and Price/Costs, 1.0 CONTRACT LINE

ITEM NUMBER (CLIN). The Offeror shall also provide a Total Evaluated Price for the overall performance period. All prices quoted shall be inclusive of all labor, materials and equipment to successfully perform the services identified.

EVALUATION METHODOLOGY

The Offeror shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the PWS based on the assessment of Technical

Capability and Past Performance from the Offeror in conjuction with Subcontractor or Teaming Partners

(if applicable).

The evaluation of each evaluation factor, except for Price, will be done on a rating scale of “High

Confidence,”“Some Confidence,” and “Low Confidence,” representing the Government’s confidence that the Offeror understands the requirement and will be successful in performing the work.

The table below shows the ratings the Government will assign in its evaluation of offers when evaluating

Factors 1 and 2. A combined confidence rating will also be assessed for each quote.

High Confidence The Government has high confidence that the

Offeror understands the requirement, proposes a sound approach, and will be successful in performing the work with little or no Government intervention.

Some Confidence The Government has some confidence that the

Offeror understands the requirement, proposes a sound approach, and will be successful in performing the work with some Government intervention.

Low Confidence The Government has low confidence that the

Offeror understands the requirement, proposes a sound approach, or will be successful in performing the work even with Government intervention.

NOTE: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or “neutral”) past performance.

4.0 EVALUATION

BASIS FOR AWARD

This is a Best Value procurement using the Trade-Off process. Factors are in descending order of importance. All evaluation factors other than cost/price, when combined, are significantly more important than cost or price. As technical differences narrow between offers, cost/price will become more important. If there are no significant technical differences between offers, cost/price alone may be the determining factor for source selection. The Government may or may not award to the lowest priced or highest technically rated Offeror. Award will be based on the best value overall to the

Government.

The Government reserves the right to communicate and/or conduct exchanges with any or all Offerors submitting a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every

Offeror. An Offeror may be eliminated from consideration without further communication if its technical and/or pricing quotes are not among those contractors considered most advantageous to the Government based on a best value determination.

EVALUATION FACTORS

The Government will evaluate Offeror’s quotes based on the following evaluation factors:

• Factor 1: Technical Capability

• Factor 2: Past Performance

•Price

The evaluation factors are in descending order of importance. In its evaluation of the non-price factors, the Government will consider the benefits and risks associated with the Offeror’s proposed approaches to arrive at a confidence assessment of the Offeror’s likelihood of successfully performing the work and meeting the requirements of the RFQ.

FACTOR 1: TECHNICAL CAPABILITY

The Government will access its level of confidence that the prime contractor can successfully perform the requirements based on the Offeror’s comprehensive response/solution to the requirements described in the

Performance Work Statement (PWS). The Government will evaluate the Offeror’s ability to: (i) clearly define its technical approach demonstrating how it will successfully perform all tasks and/or services outlined in the PWS, to include, but not limited to, meeting the specific performance standards in the

PWS, Section 3.0 Required Performance Standards:

1). SAIT dedicated customizable labs with the option of SAIT instructors to add step-by-step instructions. Platform should provide lab developers direct access to lab profiles and content without a need to request changes or supply documentation

2). Life-cycle actions to deploy scripts at lab launch which are used to configure the environment

(virtual machines, accounts, cloud resources)

3). A customizable menu of automated activities using hyperlinks, within the lab to deploy/configure resources and validate a student’s ability to complete a task

4). Microsoft labs (if required) with step-by-step instructions, also known as integrated digital labs, the ability to save incomplete labs for thirty days

5). The ability to take a lab snapshot and save the snapshot for twenty-four hours, and resume the lab from the snapshot

6). Provide remote access to students’ labs, also known as the instructor share service, for SAIT instructors, all via a secure Internet portal. The Internet portal shall be branded with the SAIT logo. The student interactive portions of the labs need to be section 508 compliant

7). The Labs and instructor share service shall support HTML5, not require any plug-ins or add-ons, shall be accessible from any type of device, including mobile devices, 24 hours per day, 7 days per week, 365 days a year, and accessible from anywhere in the world with a reasonable performance latency regardless of student location, except during planned downtime

8). Student access to labs for 180 days from time of taking the course

9). Data centers located in different regions of the world to support our worldwide work force

10). Ability to designs labs for all courses utilizing tools to tailor the experience of a real environment

11). Provide a learning management platform that shall be cloud based and fully compatible with existing Amazon Web Services (AWS) virtual machine images and architecture

12). The ability to import and export current labs from the existing AWS platform to the vendor’s new cloud platform

13). Provide both the VM servers and the lab written instructions in text format to attach to the lab

14). Provide videos with voice over

15). Ability to support all types of VMs such as but not limited to (ESXI, Vcenter, VMWare workstation, and VMware Server) as well as Support Linux VM

16). Provide tools to build labs directly in the environment including VMs and containers.

17) Provide performance-based assessment activities

18). Provide activity-based assessment activities

19). Shared labs and access allowing for collaboration between teams that allow an instructor to control an instructor managed environment while students manage connected environments. This should allow instructors to adjust on the fly during class and allow students to work on their set ups to adjust and respond to these changes

20). Individual support to help build labs from scratch helping speed the development of the courseware.

21). Access to labs by instructors at any time.

22). Access to internet from within the lab

23). Each student’s lab will be its own unique environment which will be initialized and torn down individually

24). FSI may seek an equitable price reduction for nonconforming services.

25). The labs offer training and study opportunities to students outside the classroom

26). The instructor share service allows SAIT instructors to troubleshoot and monitor students’ progress as they are completing labs

27). Microsoft tenant access for M365 providing the ability to deploy a configuration in

Microsoft 365 tenants students bring with them

FACTOR 2: PAST PERFORMANCE

The Government will evaluate the relevancy and quality of the Offeror’s past performance, in performing work similar in scope to that described in the PWS to assess the Offeror's potential success in performing the work required by the RFQ.

The evaluation of Past Performance will be done on a confidence rating scale.

NOTE: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or “neutral”) past performance.

PRICE

The Government will evaluate the Offeror’s total proposed price to ensure it is determined to be fair and reasonable and in alignment with the technical requirements in terms of the labor mix and level of effort.

The total evaluated price for purposes of award will be determined by the total price submitted in Part I –

Supplies or Services and Price/Costs, 1.0 CONTRACT LINE ITEM NUMBER (CLIN).

There will be no “confidence” ratings for Price.

PART IV – PROVISIONS, CLAUSES, TERMS AND CONDITIONS

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):

https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses] (End of clause)

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):

https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses] (End of provision)

52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jun 2023)

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

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

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

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

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

(5) 52.232-40, 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).

PART IV – PROVISIONS, CLAUSES, TERMS AND CONDITIONS

(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:

[Contracting Officer check as appropriate.]

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

6101 note).

__ (5) [Reserved].

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

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

X__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (9) 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).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (13) 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).

__ (14) [Reserved]

X (15)(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.

__ (16)(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.

__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 2021) of 52.219-9.

__ (19)(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.

__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (23)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

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

__ (24) 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)).

__ (25) 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)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (31)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (32)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

X (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (36)(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).

__ (37) 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.)

__ (38)(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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (48)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

__ (49)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (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 (Jan 2021) of 52.225-3.

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

__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

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

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

3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

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

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

2631).

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxi) 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).

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

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

3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.204-13 - System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause-- "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement.