RFQ HS002120Q0014.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes as the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Request for Quote (RFQ) number is: HS0021-20-Q-0014 and is intended as a firm-fixed-unit-price (FFUP) contract. This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2019-02 dated May 6, 2020.

The North American Industrial Classification System (NAICS) code is 518210 – Data Processing, Hosting, and

Related Services. The Defense Counterintelligence and Security Agency (DCSA) is soliciting for a quotation for fingerprint channeling for the states of New York, Tennessee, Texas, and West Virginia for the purpose of obtaining criminal history record information (CHRI).

INSTRUCTIONS TO QUOTERS

Quotations in response to this RFQ shall be accepted through August 21, 2020, 2:00 pm local time (Quantico, VA).

They shall include the RFQ number in the subject line and be signed, dated and submitted via email to brittney.l.larimore.civ@mail.mil. Response shall include a completed pricing workbook as included with this RFQ.

Only written requests for additional information will be accepted.

All vendors shall provide a quote that also contains all information required pursuant to FAR 52.212-1 “Instructions to

Offerors—Commercial Items”.

The quotation shall also include validation that the vendor can perform this requirement with the states of New York, Tennessee, Texas, and West Virginia. Validation to be provided is at the discretion of the vendor; however, it is the responsibility of the vendor to provide enough evidence that the Government can determine acceptability. If the vendor is unable to provide sufficient evidence demonstrating the vendor’s ability to carry out the requirement with the states listed above, the vendor will automatically be deemed unacceptable. Furthermore, the quoted prices shall be inclusive of any fees mandated by each of the four states previously listed. The Government will not have a relationship with these states per the published guidance. As such, it will be incumbent upon the vendor awarded this action to manage these records for the Federal Government.

Finally, quote submission, shall include a positive affirmation statement that the quote meets the Government’s technical requirements.

Vendors not registered in the System for Award Management (SAM) database at the time the requirement is to be awarded will not be considered. Vendors may register within SAM by accessing www.beta.sam.gov.

After a positive affirmation statement is received, vendors proposed price will be the single evaluation factor in determining award, or lowest priced technically acceptable (LPTA). The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Lastly, the Government will only pay for the quantity ordered and delivered.

http://www.beta.sam.gov/

HS002120Q0014

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,841 Each Fingerprint Channeling New York

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of New York.

Estimated Delivery Period: Oct 1, 2020 thru Sept 30, 2021

FOB: Destination

NET AMT

0002 1,782 Each Fingerprint Channeling Tennessee

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Tennessee. Estimated

Delivery Period: Oct 1, 2020 thru Sept 30, 2021

0003 7,392 Each Fingerprint Channeling Texas

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Texas. Estimated

0004 182 Each Fingerprint Channeling West Virginia

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of West Virginia. Estimated

1001 1,841 Each Fingerprint Channeling New York

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of New York. Estimated

Delivery Period: Oct 1, 2021 thru Sept 30, 2022

1002 1,782 Each Fingerprint Channeling Tennessee

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Tennessee. Estimated

1003 7,392 Each Fingerprint Channeling Texas

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Texas. Estimated

1004 182 Each Fingerprint Channeling West Virginia

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of West Virginia. Estimated

2001 1,841 Each Fingerprint Channeling New York

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of New York. Estimated

Delivery Period: Oct 1, 2022 thru Sept 30, 2023

2002 1,782 Each Fingerprint Channeling Tennessee

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Tennessee. Estimated

2003 7,392 Each Fingerprint Channeling Texas

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Texas. Estimated

2004 182 Each Fingerprint Channeling West Virginia

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of West Virginia. Estimated

3001 1,841 Each Fingerprint Channeling New York

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of New York. Estimated

Delivery Period: Oct 1, 2023 thru Sept 30, 2024

3002 1,782 Each Fingerprint Channeling Tennessee

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Tennessee. Estimated

3003 7,392 Each Fingerprint Channeling Texas

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Texas. Estimated

3004 182 Each Fingerprint Channeling West Virginia

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of West Virginia. Estimated

4001 1,841 Each Fingerprint Channeling New York

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of New York. Estimated

Delivery Period: Oct 1, 2024 thru Sept 30, 2025

4002 1,782 Each Fingerprint Channeling Tennessee

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Tennessee. Estimated

4003 7,392 Each Fingerprint Channeling Texas

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of Texas. Estimated

4004 182 Each Fingerprint Channeling West Virginia

FFP

Fingerprint channeling for the purpose of obtaining criminal history record information (CHRI) for the State of West Virginia. Estimated

Section C - Descriptions and Specifications

SPECIFICIATIONS

Performance Work Statement

1.0 General Information

1.1. Introduction

The mission of the Defense Counterintelligence and Security Agency (DCSA) is continuously ensuring a trusted federal, industrial and affiliated workforce, and enabling industry’s delivery of uncompromised capabilities by leveraging advanced technologies and innovation. The mission of the DCSA Personnel Vetting (PV) Federal Investigative Records Enterprise (FIRE) is to obtain data source records for inclusion in the Federal Personnel Vetting program; including, background investigations, continuous vetting, and adjudications programs. This acquisition will allow DCSA to complete its mission by obtaining criminal history record information (CHRI) throughout the DCSA personnel vetting mission.

DCSA has a recurring need for a simplified method of filling the anticipated repetitive needs for fingerprint channeling for the purpose of obtaining CHRI from the following states; New York, Tennessee, Texas, and West Virginia. DCSA is committed to conducting background investigations on individuals (employees or applicants) for federal employment, members of the military, consultants, volunteers and/or vendor personnel for national security purposes. This requirement is for CHRI in support of background investigations as DCSA obtains criminal history records in order to meet the requirements of the Intelligence Reform and Terrorism

Prevention Act of 2004.

1.2. Authority

The following authorities provide DCSA and its Agents, the authorization to request and maintain information, depending on the purpose of the investigation: Executive Orders (E.O.s)

9397, 10450, 10577, 10865, 12333, and 12968, as amended; E.O.s 13467, 13488, and 13549; 5

U.S.C. sections 1103, 1302, 1303, 1304, 3301, 7301, 9101, and 11001; 22 U.S.C. sections 272b, 290a, and 2519; 31 U.S.C. section 1537; 42 U.S.C. sections 1874(b)(3), 2165, 2201, and 20132;

50 U.S.C. section 3341; Public Law 108-136; 5 C.F.R. parts 2, 5, 731, 732, 736, and 1400; and

Homeland Security Presidential Directive 12 (HSPD 12). Public Law 101-647, Crime Control

Act of 1990

1.3 Scope of Work

DCSA has a need for fingerprint channeling for the purpose of obtaining CHRI for the States of

New York, Tennessee, Texas, and West Virginia.

1.4 Place of Performance

All performance is expected to take place at the vendor’s facility. Delivery will be arranged as described in the requirements.

2.0 Specific Requirements

2.1 The Government will provide to the vendor

2.1.1 DCSA will provide the vendor with the applicant subject information necessary in order to conduct the criminal history records check via a mailed hardcopy fingerprint (Standard Form 87 or FD-258).

2.1.2 The Government will also register the applicant via the vendor’s website, or portal.

2.2 The Vendor Shall

The vendor shall digitize the hardcopy fingerprint cards and electronically transmit the print and associated Personally Identifiable Information (PII) to the repository for the states listed above, while properly safeguarding the confidentiality of data exchanged as per DCSA terms and conditions found within the provisions and clauses section.

The vendor shall only invoice for the quantity ordered by the Government and delivered by the vendor.

2.3 Retention of Authorizing Documentation

The vendor must maintain a current and complete file of all documentation authorizing handling of Controlled Unclassified Information (CUI) during the period of performance of the contract, unless otherwise instructed by the Contracting Officer (KO). Documentation will be made accessible during inspections or upon written request by the KO or the Contracting Officer’s

Representative (COR).

2.4 The Vendor will provide the Government

2.4.1. The vendor is responsible for ensuring the government receives a complete response to include “No Record” result, on each applicant sent by DCSA to the vendor for the respective requested state. The data the vendor must return to the government to be included must at a minimum contain:

2.4.1.1 Identifiable descriptions and notations of arrests, indictments, information, and other formal criminal charges;

2.4.1.2 Disposition information;

2.4.1.3 Information on sentencing, correction supervision, and release;

2.4.1.4 Those records of a State or locality sealed pursuant to law if such records are accessible by State and local criminal justice agencies for the purpose of conducting background checks.

2.4.1.5 The vendor shall be responsible for coordinating any follow up with the respective state repository in the event a response is not received by DCSA on submitted applicants. The vendor shall provide a single point of contact for each state.

2.4.1.6 The vendor, upon request, shall provide the status on each submission, and where it is in the process at the request of the government.

2.5 Bad Print Return Processing

In the event a hardcopy fingerprint cannot be processed, the vendor shall, within one-business day, contact the COR, with detailed instructions on how to process a subsequent print/reprint.

2.6 Supporting Documentation for Invoicing

2.6.1 Supporting documentation shall contain an itemized list detailing the DCSA Case Number, DCSA Case Name or the subject’s last name, and corresponding CLIN Amount for each search provided.

2.6.2 Supporting documentation is preferred to be submitted electronically in an Excel spreadsheet at the time the invoice is required.

2.6.3 Neither the invoice, nor the supporting documentation shall contain any Personally

Identifiable Information (PII) to include copies of reports, forms, and/or files.

2.6.4 PII is information that can be used to discern or trace a person's identity, such as name, social security number, biometric records, and that combined with other information can be used to compromise the integrity of agency records relating to a person, by permitting access to unauthorized disclosure of these records. For example, a name alone would generally not constitute PII, but when linked to his or her social security number, date of birth, or mother's maiden name, would constitute PII. In other words, PII refers to any information, on any medium, that identifies a specific individual whether the information is on paper or electronic.

2.7 Performance Requirements Summary

Performance

Objective

Standard Acceptable Quality

Level (AQL)

Performance

Threshold

Method of

Surveillance

PRS #1

*in accordance with

PWS Section 2.2

The vendor shall digitize the hardcopy fingerprint cards and electronically transmit the print and associated

Personally

Identifiable

Information

(PII) to the repository for the required states, while

100% upon receipt. Monthly Deliverable submitted to the

COR/100%

inspection.

properly safeguarding the confidentiality of data exchanged as per

DCSA terms and conditions found within the provisions and clauses section of the PWS.

PRS #2

*in accordance with

PWS Section 2.3

The vendor must maintain a current and complete file of all documentation authorizing handling of

Controlled

Unclassified

Information

(CUI) during the period of performance of the contract, unless otherwise instructed by the

Contracting

Officer (KO).

Documentation will be made accessible during inspections or upon written request by the

KO or the

Contracting

Officer’s

Representative

(COR).

100% of all documentation received.

As requested during the PoP.

Periodic

Surveillance

PRS #3 The vendor is responsible for

100% for submissions.

As requested during the PoP.

Periodic

Surveillance

*in accordance with

PWS Section 2.4.1 ensuring the government receives a complete response to include “No

Record” result, on each applicant sent by

DCSA to the vendor for the respective requested state as well as pertinent data listed in PWS

Sections 2.4.1.1 through 2.4.1.6.

PRS #4

*in accordance with

PWS Section 2.5

In the event a hardcopy fingerprint cannot be processed, the vendor shall, within one-business day, contact the

COR, with detailed instructions on how to process a subsequent print/reprint.

100% within one business day.

When required during the Pop.

Periodic

Surveillance

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-SEP-2021 1,841 DCSA BOYERS

FIRE

1137 BRANCHTON ROAD

BOYERS PA 16018

HS0005

0002 30-SEP-2021 1,782 (SAME AS PREVIOUS LOCATION)

0003 30-SEP-2021 7,392 (SAME AS PREVIOUS LOCATION)

0004 30-SEP-2021 182 (SAME AS PREVIOUS LOCATION)

1001 30-SEP-2022 1,841 (SAME AS PREVIOUS LOCATION)

1002 30-SEP-2022 1,782 (SAME AS PREVIOUS LOCATION)

1003 30-SEP-2022 7,392 (SAME AS PREVIOUS LOCATION)

1004 30-SEP-2022 182 (SAME AS PREVIOUS LOCATION)

2001 30-SEP-2023 1,841 (SAME AS PREVIOUS LOCATION)

2002 30-SEP-2023 1,782 (SAME AS PREVIOUS LOCATION)

2003 30-SEP-2023 7,392 (SAME AS PREVIOUS LOCATION)

2004 30-SEP-2023 182 (SAME AS PREVIOUS LOCATION)

3001 30-SEP-2024 1,841 (SAME AS PREVIOUS LOCATION)

3002 30-SEP-2024 1,782 (SAME AS PREVIOUS LOCATION)

3003 30-SEP-2024 7,392 (SAME AS PREVIOUS LOCATION)

3004 30-SEP-2024 182 (SAME AS PREVIOUS LOCATION)

4001 30-SEP-2025 1,841 (SAME AS PREVIOUS LOCATION)

4002 30-SEP-2025 1,782 (SAME AS PREVIOUS LOCATION)

4003 30-SEP-2025 7,392 (SAME AS PREVIOUS LOCATION)

4004 30-SEP-2025 182 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-

7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

______Invoice 2-in-1_______________________________________________

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

_____N/A____________________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0690

Issue By DoDAAC HS0021

Admin DoDAAC** HS0021

Inspect By DoDAAC HS0001

Ship To Code HS0001

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) HS0001

Service Acceptor (DoDAAC) HS0001

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or

Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS

Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contract Specialist: Brittney Larimore, brittney.l.larimore.civ@mail.mil or 724-794-7191

Contracting Officer: Heather Bushouse, heather.m.bushouse.civ@mail.mil or 301-833-3388

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) mailto:brittney.l.larimore.civ@mail.mil mailto:heather.m.bushouse.civ@mail.mil

Section I - Contract Clauses

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

JUL 2018

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

AUG 2019

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-25 Affirmative Action Compliance APR 1984

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-3 Alt I Privacy Training (JAN 2017) -Alternate I JAN 2017

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-29 Terms for Financing of Purchases of Commercial Items FEB 2002

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

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.239-1 Privacy or Security Safeguards AUG 1996

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUN 2020)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 (OCT 2015) (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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (Mar 2015) (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 Act 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 Act to Contracts for Certain Services-

Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

Section K - Representations, Certifications and Other Statements of Offerors

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

DEC 2019

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(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.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

http://www.sam.gov/

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or…