RFQ N63285-22-T-0001.pdf

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Attached to: NARCAN Nasal Spray
Solicitation number: N63285-22-T-0001
Issued by: Department of the Navy

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Date: December 21, 2021

GENERAL: This is a combined synopsis/solicitation (solicitation number N63285-22-T-0001) for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR)

Subpart 12.6 Streamlined solicitation for commercial items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

The Naval Criminal Investigative Services (NCIS) Code 23 has a requirement for NARCAN Nasal Spray.

This product is an antidote for opioid overdose. Having this available will facilitate the operational capability of the Department of the Navy (DON) in the United States and throughout the world in their fight against the proliferation of illegal drugs.

This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2021-16362, effective August 11, 2021 and Defense Federal Regulation

Supplement (DFARS) Change 10-29-2021. It is the responsibility of the contractor to be familiar with the applicable provisions and clauses, which can be accessed in full text at www.acquisition.gov.

CONFIDENTIAL INFORMATION: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes/proposals submitted to federal agencies. If a Quoter’s submission contains information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” (5 USC 552(b)(4)), the Quoter should mark its submission in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of

Information Act. Material considered privileged or confidential on such grounds is contained on page(s)

STATEMENT OF WORK

FOR

NCISHQ (CODE 23) NARCAN Nasal Spray

OVERVIEW:

The Naval Criminal Investigative Service Headquarters (NCIS HQ), Naval Criminal Investigations and

Operations Directorate is seeking a provider that can supply NARCAN Nasal Spray in support of the Naval

Criminal Investigative Service (NCIS) to mitigate exposure to illicit narcotics and opioids during the course of on-going investigations, crime scene processing, and contact with persons suspected of being under the influence and possessing illicit narcotics to include opioids.

REQUIREMENTS:

1. Procurement Services: Provide NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray to meet NCIS requirements. Kits are to be delivered to NCIS

Headquarters. Vendor must be an authorized distributor/reseller of the products specified.

http://www.acquisition.gov/

2. Shipping & Logistical Services: All kits are to be shipped to NCIS HQ, ATTN: Code 11B-SIP-CRIM

SUP, 27130 Telegraph Road, Quantico, VA 22134.

3. Distribution Services: N/A. Further distribution will be done at NCIS level.

TERMS AND CONDITIONS (13.303-3)

BPA NUMBER: N63285-22-A-TBD

1. Pursuant to Contract Number __________________, the Contractor, __________________, agrees to the following terms of a Blanket Purchase Agreement (BPA) exclusively with the

Naval Criminal Investigative Service (NCIS). All orders placed against this BPA are subject to the terms and conditions of the Agreement.

2. Extent of Obligation. The Government estimates, but does not guarantee that the volume of purchases through this agreement will be up to $250,000. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

3. Funds Obligation. The BPA does not obligate any funds. Funds will be obligated by the placement of call orders under FAR 13.303-1.

4. BPA Terms. This BPA will be reviewed annually to ensure that it still represents the “best value”. The ordering timeframe for this BPA is not to exceed five (5) years or 60 months from the date of award.

The BPA includes a base period of 12 months and four, one-year option periods to permit additional ordering:

Base Period: 1 Jan 2022 - 31 Dec 2023

Option Period 1: 1 Jan 2023 - 31 Dec 2024

Option Period 2: 1 Jan 2024 – 31 Dec 2025

Option Period 3: 1 Jan 2025 – 31 Dec 2026

Option Period 4: 1 Jan 2026 – 31 Dec 2027

(Notional dates only)

5. Pricing Terms. Prices shall not escalate. Spot discounting is authorized. The prices will be reviewed annually, or as required to determine whether a reduction is appropriate in accordance with the price reduction provisions of the agreement.

Schedule of products and pricing:

CLIN Qty Description Coverage Period Price Each

0001 500 NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray

January 1, 2022-

December 31, 2023

1001 500 NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray

January 1, 2023-

December 31, 2024

2001 500 NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray

January 1, 2024-

December 31, 2025

3001 500 NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray

January 1, 2025-

December 31, 2026

4001 500 NARCAN Nasal Spray supplied as a single dose of naloxone hydrochloride in a 0.1 mL intranasal spray

January 1, 2026-

December 31, 2027

6. Delivery. Delivery shall be made within 14 days after receipt of order to the location specified in the order unless otherwise stated in the order.

7. The Government may solicit, and the BPA holder is encouraged, to propose improvements to the BPA products. Proposals shall be submitted by the BPA holder and include a description of the product(s), an electronic copy of the pricing, technical literature that describes the product(s).

8. If at any time during the life of this BPA, the original manufacturer of the equipment (services and supplies) schedules the products for discontinuation, improvement and/or replacement, the

BPA holder shall provide a proposal to include the new or revised products on the BPA.

Proposed prices for new or revised products shall be constructed in accordance with this BPA for most favored prices. Discounts shall be at the same or greater discount level as the original BPA prices. Quotes shall be submitted to the Contracting Officer within seven (7) days of the BPA holder’s awareness of the OEM’s intent.

9. Under no circumstances shall the contractor supply substituted products with respect to internal system components, options or external peripherals.

10. Payment. This BPA does not commit the government to pay any cost for the preparation and submission of a quote. Furthermore, the Government is under no obligation to procure any supplies or services relative to this request. Vendors are reminded that the Contracting Officer is the only person who can legally commit the government to the expenditure of funds in connection with this requirement. Upon order placement, payments will be made by the office specified in the individual order and will be NET 30 days.

11. Ordering. Unless otherwise agreed to, call orders shall contain the following information as a minimum, and must accompany all deliveries under this BPA:

Name of BPA Holder

BPA number

Date of supply/service order

Purchase number

Itemized list of items furnished

Price, less applicable discounts

Name of the authorizing employee

Administration.

Vendor Primary Point of Contact:

(Complete Name, Title, Corporate Address)

(Electronic mail address and phone number)

SBA Recognized Business Concern and Status:

CAGE CODE:

DUNS NUMBER:

TIN:

PSC:

The following Government office/Points of Contact is/are hereby authorized to place orders under this

BPA:

OFFICE(S) POINTS OF CONTACT

NCIS-CODE 14B Acquisition Division Kristin Gomez, Contracting Officer

Russell Knox Building Email: kristin.gomez@ncis.navy.mil

27130 Telegraph Road Phone: 571-305-9335

Quantico, VA 22134

Curtis Harris, Contracting Officer

Email: curtis.harris@ncis.navy.mil

Phone: 571-305-9287

SUBMISSION OF QUOTES:

A quote is due by 10:00am EST, Monday, December 27, 2021. A quote shall be sent via email to colleen.powers.ctr@ncis.navy.mil with RFQ number listed in the subject line. Any questions regarding this procurement should be directed to Mrs. Colleen Powers by 5:00pm EST, Thursday 23 December

2021 in the following format.

QUESTION SOW/RFQ REFERENCE

The Quoter is responsible for ensuring their quote has been received by the Contract Specialist via email by the date and time specified above. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

Quoters that fail to furnish required representation or technical information as required by Federal

Acquisition Regulation provisions 52.212-1, Instructions to Quoters or reject the terms and conditions of this solicitation shall be excluded from consideration.

DELIVERY INFORMATION:

Naval Criminal Investigative Service HQ

Attn: Sue Pagani

Code 11B SIP-CRIM SUP

27130 Telegraph Road

Quantico, VA 22134

FAR 52.212-1 ADDENDUM - INSTRUCTIONS TO QUOTERS

Questions Due Date: Thursday December 23, 2021 5:00 PM EST

Response Due Date: Monday December 27, 2021 10:00 AM EST

RFQ Title: NARCAN Nasal Spray

RFQ#: N63285-21-T-0001

Purchase Request: N/A

Set Aside: Yes, 100% Small Business Set-aside

Authority: FAR 13.303 Blanket Purchase Agreements

J&A: Yes, Brand Name Justification

NAICS Code: 325411 - Medical and Botanical Manufacturing

Basis for Award: Lowest Price Technically Acceptable

NCIS POCs: Mrs. Colleen Powers

GENERAL PURPOSE: The Government intends to make a Single Award Blanket Purchase

Agreement to the vendor who is found to be responsive and provides an acceptable offer to the

Government, by virtue of being deemed technically acceptable with a fair and reasonable price. It is the

Government’s intent to award on an “all-or-none” basis to satisfy this requirement. The Government reserves the right to issue no award at all resulting from this solicitation.

Vendors are to quote on all items; Open Market are acceptable. The vendor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. Quotes determined to have passed the technical capability requirements will then be evaluated for a fair and reasonable price determination. Quotes shall be mailto:colleen.powers.ctr@ncis.navy.mil evaluated for technical acceptability (only) on an acceptable/unacceptable basis and will not be rated.

PAYMENT TERMS: NET 30 days. Invoices must be submitted via the Wide Area Work Flow

(WAWF) in accordance with DFARS 252.232-7006. Invoices MUST be submitted via the

WAWF to be processed for payment. See Statement of Work for more details on technical specifications.

(End of provision)

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

The Government intends to make an award to the responsive, responsible vendor that represents the best value to the Government, by virtue of being the lowest price, technically acceptable quote. Quotes determined to have passed the technical capability requirements will then be evaluated for the lowest price. The Government will award a quote that includes the requested information. Partial quotes and/or quotes received after the closing date will not be accepted.

The Government intends to evaluate quotes and award an order without exchanges with vendors. Quotes will be evaluated for technical acceptability (only) on an acceptable/unacceptable basis and will not be rated. Therefore, the vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint. The Government reserves the right to conduct exchangess if the Contracting Officer later determines them to be necessary.

This combined synopsis/solicitation contains the clauses, terms, and conditions acceptable to the

Government. Any quote that contains terms or conditions or any other vendor-specific or OEM-specific agreement regardless of how titled or described may be considered unacceptable for award. Vendors are on notice that if they choose to submit a document containing terms and conditions, they are required to demonstrate that those terms and conditions do not conflict with, or differ from, the RFQ’s terms and conditions, as well as statute and regulation (e.g., Federal Acquisition Regulation (FAR) and Defense

Federal Acquisition Regulation Supplement (DFARS)). Compliance with this section is a component of technical acceptability. Accordingly, a quote that contains vendor-specific or OEM-specific terms and conditions that conflict with statutory or regulatory requirements, or are otherwise disadvantageous to the

Government as noted above, may be determined unacceptable. Further, NO such terms and conditions will be accepted after award.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

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

Services or Equipment

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services-Representation OCT

52.211-6 Brand Name or Equal AUG

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.212-3 Offeror Representations and Certifications-Commercial Items FEB 2021

52.217-5 Evaluation Of Options JUL

52.227-14 Rights in Data – General MAY

52.227-17 Rights in Data-Special Works DEC

52.232-39 Unenforceability of Unauthorized Obligations JUN

52.233-1 Disputes MAY

52.243-1 Changes-Fixed Price AUG

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form) APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY

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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services JAN 2021

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability FEB 2012

252.225-7021 Trade Agreements—Basic DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7018 Supply Chain Risk OCT 2015

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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--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

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services."

(d) Representations. 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 entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this

(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.

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

"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 entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded

to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this

52.204-26 Covered Telecommunications Equipment or Services-Representation.

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have 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)

(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

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).

___ (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 (NOV 2020) (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 (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (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 Representation (NOV 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 (EDWOSB) 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 (MAR 2020) (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) (15 U.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 (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 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.

X (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).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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). (E. O. 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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (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 (JUN 2014) of 52.223-14.

X (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 (JUN 2016) (E.O. 13693).

X (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C.

chapter 83, 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) 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).

____ (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. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42

U.S.C. 5150).

____ (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 (JAN 2017) (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 (OCT 2018)

(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).

____ (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. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment

(MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

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

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

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial 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 2016) (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 (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

_____ (B) Alternate I (March 2, 2015) 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 (May 2014) (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 (May 2014) (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 (NOV 2020) (E.O. 13658).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62

(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)

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 66 months.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

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):

FAR Clauses: https://www.acquisition.gov/browse/index/far/

DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

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):

FAR Clauses: https://www.acquisition.gov/browse/index/far/

DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation

2021-O0009) (OCT 2021)

(a) Definition. As used in this clause –

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman

Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety

Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on

September 14, 2021, 86 FR 50985).

Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force

Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition

Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

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…

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