RFQ_FA301620U0163_Air Duct Cleaning_SAM.pdf

502 CONS/JBKAE F2MT1F0266AW02

JBSA Lackland, TX Air Duct Cleaning

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested. A separate Request for Quote (RFQ) will not be issued. The solicitation number if F2MT1F0266AW02 and is issued as a Request for Quotation (RFQ).

This solicitation incorporates provisions and clauses that are in effect through the Federal Acquisition Circular 2021- 02 and DFARS change notice 20201123. This is a notice that this purchase order is a 100% total set-aside for small business (SB) concerns. The Government will accept only quotes submitted by SB concerns holding NAICS Code 561790. Any quote submitted by a contractor that is not a small business concern will not be considered for award.

The NAICS Code is 561790, Other Services to Buildings and Dwellings. The product service code (PSC) is J041, Maintenance, Repair and Rebuilding of Equipment – Refrigeration, Air Conditioning and Air Circulating Equipment.

The size standard is $8M. This non-personal services requirement is for disinfecting and sanitizing six (6) unit air handlers, two (2) each for building; cleaning six (6) HVAC systems, two (2) each for building; disinfecting and sanitizing six (6) ducting systems, two (2) each for building; cleaning 125 supply duct vents; cleanup and haul away debris; and associated labor, in support of the 837th Training Squadron (TRS), Inter-American Air Force Academy (IAAFA), Joint Base San Antonio (JBSA) Lackland, TX, as indicated in the Statement of Work (SOW), (Attachment 1), dated 2 June 2021. This requirement is restricted to SB concerns and will be performed IAW the Statement of Work (SOW), dated 2 June 2021 (Attachment 1).

Air Duct Cleaning (The quote shall be effective for 60 days after submission of quote)

Please respond to this RFQ by emailing responses to: Parie Reynolds at: parie.reynolds@us.af.mil, no later than 11:00 a.m. CDT, Monday, 9 August 2021 (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made; the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. Please contact Parie D. Reynolds with additional questions at the above noted email address or call (210) 317-8332 no later than 4:00 p.m. CDT, Monday, 2 August 2021.

Please provide a quote for the line items (CLINs) listed below. Failure to quote on all line items (CLINs), comply with all terms and conditions may render the quote unacceptable and ineligible for award consideration in the absence of interchanges.

ITEM DESCRIPTION QTY Unit of

Issue Unit Price Extended

Amount

Disinfect and sanitize two (2) unit air handlers per building (7353, 7355 & 7358)

6 EA $ $

Clean six (6) HVAC systems, two (2) each per building (7358, 7355 & 7353)

6 EA $ $

Disinfect and sanitize six (6) ducting systems,: two

(2) each per building (7358, 7355 & 7353)

6 EA $ $

0004 Clean 125 supply duct vents 125 EA $ $

0005 Clean up; Haul Away Debris 1 LOT $ $

0006 Labor 24 HRS $ $

* Refer to SOW dated 2 June 2021

TOTAL

COST

Please provide the information below:

FOB Destination

Shipping Cost Included?

Yes

No

Pricing

Quoted:

GSA Pricing Only.

Includes Open Market prices.

Payment Terms Delivery Date

Company

Name:

DUNS #

Required Cage Code

Number:

POC: Telephone #

E-Mail Address:

Tax ID#:

GSA

Number:

Warranty Information:

Do you have the capacity to invoice electronically (invoicing through WAWF)? (Yes/No)

Special Notes and Instructions:

1. This is a notice that this order is a total set-aside for SB concerns holding NAICS Code 561790 and size standard of $8M annual revenue. Service Contract Act (SCA) Wage Determination 2015-5253, Revision 13, dated 1 June 2021, Occupational Code 23410, Heating Ventilation and Air Conditioning Mechanic. Any quote submitted by a contractor that is not a SB concern, will not be considered for award. The Government will accept only quotes submitted by SB concerns.

2. Basis for Award. 502 CONS/JBKAE will issue a purchase order to the vendor who is determined to offer the best value to the Government. Contract type shall be Firm Fixed Price (FFP). Failure to acknowledge Amendments may result in your quote not being considered for award. To be eligible for award, the offeror must have current Representations and Certifications in accordance with FAR 52.212-3. These are usually attached to the solicitation for offerors to complete; however, in accordance with DFARS 212.301, the contracting officer will consider required data if available electronically (up-to-date and current in the System for Award Management located at https://www.sam.gov/SAM) instead of requiring the offeror to complete these provisions and submit with proposal.

3. Best Value Determination. The offeror who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable (LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the SOW, dated 2 June 2021 (Attachment 1). Quotes initially will be ranked from lowest to highest based on total cost.

The Government will then evaluate the three lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate the next lowest priced quote until it has determined a technically acceptable quote. The evaluation will stop at the point when the Government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Interchanges. The Government intends to award a purchase order without interchanges with respective vendors/quoters. The Government however, reserves the right to conduct interchanges if deemed in its best interest.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

6. Notice to Offeror. The Government reserves the right to cancel this Request for Quote (RFQ), either before or after suspense date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

7. Site Visit. A site visit is scheduled for Monday, 2 August 2021 at 9:00 a.m. CDT. Contacting the contract administrator, Parie Reynolds at parie.reynolds@us.af.mil. If you need an installation access pass to enter JBSA Lackland, TX, please email the contract administrator and provide the following information no later than 72-hours prior to the scheduled site visit.

a. Name of your company

b. Name(s) of personnel (limited to 2 individuals) who will attend, if applicable

c. Each individuals driver’s license number or ID Number

d. State of issue for the above number provided for each individual

e. Each individual’s date of birth (DOB).

After submitting the above information no later than 72-hours prior to the scheduled site visit, the contractor will secure the temporary base pass from the Visitor's Center located at the Valley Hi Visitors Center gate (Valley Hi and Highway-410), JBSA Lackland, TX 78236.

** Requests not sent 72-hours prior to scheduled site visit will not be reviewed or considered.

Installation access passes shall be returned to the Government representative upon completion of the scheduled site visit. Offerors are strongly advised to obtain installation access passes as early as possible on the day of scheduled site visit.

8. Delivery. Delivery and acceptance shall be FOB Destination, and shall be performed in accordance with the SOW, dated 2 June 2021 (Attachment 1).

9. Site Maintenance. Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates, shall be removed from the premises upon completion and delivery, or daily if the completion/delivery will be completed in more than one day.

10. Completion of Work. The Contractor shall ensure that work for this project is performed in accordance with the criteria described in the SOW, dated 2 June 2021 (Attachment 1), and all items/products in the description shall be fully operational at the completion of work for this project.

11. SOW and Product Description: Product offerings must meet all salient characteristics as described in the SOW, dated 2 June 2021 (Attachment 1), to be considered for award. Quotes submitted in response to this RFQ must include a detailed list of product specifications demonstrating that any products offered meet all salient characteristics. Failure to meet the attached salient characteristics renders the quote unacceptable.

12. The following FAR/AFFARS/DFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to: https://acquisition.gov or http://farsite.hil.af.mil)

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) 52.212-2 Evaluation – Commercial Items (OCT 2014) 52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2018) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (JAN 1991) 52.246-2 Inspection of Supplies – Fixed –Price (AUG 1996) 52.246-16 Responsibility for Supplies (APR 1984) 52.247-34 FOB Destination (NOV 1991) 52.249-1 Termination for Convenience of the Government – Fixed Price (APR 1984) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

(DEC 2008)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7006 Billing Instructions (OCT 2005) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (MAY 2019) 252.209-7998 Rerepresentation Regarding Conviction of a Felony Criminal (Deviation 2012-O0007) (May 2019) 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-00004) (Jan 2012) 252.211-7003 Item Unique Identification and Valuation 252.215-7007 Notice of Intent to Resolicit (JUN 2012) 252.215-7008 Only One Offer (JUL 2019) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2018) 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials

(SEP 2014)

252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7001 Buy American and Balance of Payments Program (Dec 2017) 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017) 252.225-7048 Export-Controlled Items (Jun 2013)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.247-7023 Transportation of Supplies by Sea (Feb 2019)

5352.201-9101 Ombudsman (OCT 2019) 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) (NOV 2012) 5352.242-9000 Contractor Access to Air Force Installations (OCT 2019)

5352.223-9001 Health and Safety on Government Installations (NOV 2012)

52.204-1 Approval of Contract. 1989-12 As prescribed in 4.103, insert the following clause: Approval of Contract (Dec 1989) This contract is subject to the written approval of __CONTRACTING OFFICER__ and shall not be binding until so approved.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020).

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019).

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

ADDENDUM TO 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

Addendum to 52.212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(g), Contract Award (not applicable for Invitation for Bids) is tailored as follows: The Government intends to evaluate offers and award a contract without interchanges with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(m) QUOTE PREPARATION INSTRUCTIONS.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein.

Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. SUBMISSION OF TECHNICAL PROPOSAL:

(a) Drawings, specifications and pictures shall be provided with the offeror’s quote.

(b) Quotes shall be submitted (electronic copy) to the Contract Specialist directly by emailing all required documentation to parie.reynolds@us.af.mil.

(c) All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the RFQ.

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 Evaluation - Commercial Items (Oct 2014) The following have been deleted:

(b) Options has been deleted in its entirety (b)(iii) Past Performance has been deleted in its entirety The following have been added or changed

FAR 52.212-2 EVALUATION - COMMERICIAL ITEMS ADDENDUM

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

(a) Basis for Award. The Government intends to award one Firm Fixed Price contract for this acquisition.

Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR 9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award. This contract will be awarded as Firm Fixed Price (FFP). It is the Government's intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1.0 Evaluation Process. The evaluation factor and process to be used is listed below.

1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award:

1.1.1 Technical Evaluation. Only the three lowest quotes will be evaluated for Technical Acceptability.

(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings

(i) Acceptable - The quote clearly meets the minimum requirements listed in the SOW, Attachment 1.

(ii) Unacceptable - The quote does not clearly meet the minimum requirements of this quote and its attachments.

1.1.2 Price Evaluation. Evaluations will be completed by multiplying the Offeror's unit price by the estimated quantity. An offeror's proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2 Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

(B) Factor # 1 - Submit product descriptions for each item being quoted. The Offeror shall submit product specifications that match the SOW, Statement of Work. The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in the SOW.

(End of clause)

ADDENDUM TO 52.212-4

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS (OCT 2018)

Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

_X_ (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.)

_X_ (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

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

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

__ (13) [Reserved] __ (14)

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

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

__ (15)

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9 __ (18)

(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.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

__ (30)

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

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

__ (31)

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

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

__ (32)

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

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

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

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

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

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

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

_X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_X_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)

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

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

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43)

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

_X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

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

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

_X_ (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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.252-1 - 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/

(End of provision)

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/

(End of clause)

52.252-6 - Authorized Deviations In Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020- O0005) Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is—

(a) Jointly determined by the Secretary of Defense and the Secretary of State to be—

(1) Necessary for purposes of—

(i) Providing humanitarian assistance to the people of Venezuela:

(ii) Disaster relief and other urgent lifesaving measures; or

(iii) Carrying out noncombatant evacuations: or

(2) Vital to the national security interests of the United States; or

(b) Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision— “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental…