RFQ OFTP Altoona Bullet Trap and Range Maintenance FINAL.pdf

RFQ # 70CMSW22Q00000030

Bullet Trap Range Maintenance Services

Altoona, PA (OFTP)

COMBINED SYNOPSIS SOLICITATION

REQUEST FOR QUOTATION (RFQ) 70CMSW22Q00000030

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with FAR 13.106-1(a)(2)(i). This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This Solicitation is hereby issued as a Request for Quote (RFQ). The RFQ incorporates provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-06, May 26, 2022.

I. GENERAL INFORMATION:

Background: The Department of Homeland Security (DHS)/Immigration Customs Enforcement (ICE) is the largest federal law enforcement agency whose missions include preventing terrorism and enhancing security, managing our borders, administering immigration and customs laws, and securing cyberspace. A significant part of ICE’s mission is maintaining the various firing ranges at the OFTP Altoona, PA facility.

REQUIREMENT: The scope of this requirement is to provide the maintenance and cleaning services for the two (2) inclined granulated rubber trap systems located on the 20 Point and Ballistic (6 point) Ranges at the OFTP Altoona, PA facility.

Type of Contract: The Government intends to award a single Firm Fixed Price (FFP) Task Order.

Place of Performance: All work will be done at the OFTP Facility located at 320 East Chestnut Avenue, Altoona, PA 16601.

Period of Performance: The period of performance (POP) will include a 12-month base period and four 12-month optional periods starting on 8/14/22 thru 8/13/27.

Base Period: August 14, 2022 through August 13, 2023 Option Period 1: August 14, 2023 through August 13, 2024 Option Period 2: August 14, 2024 through August 13, 2025 Option Period 3: August 14, 2025 through August 13, 2026 Option Period 4: August 14, 2026 through August 13, 2027

NAICS: The associated North American Industrial Classification System (NAICS) code for this procurement is 562211, Hazardous Waste Treatment and Disposal.

PSC: The Product Service Code (PSC) is S299 Housekeeping - Other.

SB SET-ASIDE: This acquisition is a 100% total small business set-aside so the Government will only evaluate quotes from small businesses under the aforementioned NAICS code.

II. QUOTE DUE DATE:

QUESTIONS: Questions concerning the Request for Proposal (RFQ) shall be submitted via e-mail, no later than Thursday, July 28, 2022, at 1:00PM Eastern Standard Time (EST) to Tony.Ross@ice.dhs.gov . Quoters shall cite the attachment number, section, paragraph, and page number of the document that their question pertains to. Answers will be provided to all prospective quoters, giving regard to the proper protection of proprietary information. U.S.

Immigration and Customs Enforcement (ICE) recommends that quoters ensure questions are written to enable a clear understanding as to the quoter’s issues or concerns. Statements expressing opinions, sentiments or conjectures are not considered valid inquiries or comments for this purpose and will not receive a response from ICE. The Government reserves the right not to respond to any questions received concerning this solicitation after the date above.

QUOTE SUBMISSION DUE DATE: Quotes shall be received no later than (NLT) Thursday, August 4, 2022, NLT 1:00PM EST to Tony Ross by e-mail at Tony.Ross@ice.dhs.gov to be considered for award. The vendor agrees to hold the prices in its quote firm for at least 30 calendar days from the date specified for receipt of quotes.

III. Proposal Content and Submission Instructions:

NOTE: LATE QUOTE SUBMISSION WILL NOT BE ACCEPTED

QUOTE SUBMISSION INSTRUCTIONS:

Quoters are cautioned to review the RFQ and ensure that the proposal submitted is fully responsive and complies with all requirements of the RFQ. Each proposal shall clearly demonstrate that the quoter understands the overall and specific technical requirements of the SOW. The quoter shall provide the requested past performance and pricing information as specified in this solicitation. Failure to address all requirements of the RFQ in the proposal may result in the proposal being removed from consideration for award by the Government. Clarity and completeness of the proposal is of the utmost importance. The proposal shall be written in a practical, clear, and concise manner. It shall use quantitative terms whenever possible and shall avoid qualitative adjectives to the maximum extent possible. Proposals shall be legible, single-space, type-written in a type size not smaller than an eleven (11) point font, on paper not larger than eight-and-one-half-by-eleven inches.

IAW FAR 12, the quoter’s proposal must be submitted in THREE (3) separate volumes:

Volume I – Technical Approach; Volume II - Past Performance; and Volume III – Pricing. Each of the volumes shall be separate and complete so that an evaluation of each may be accomplished independently and simultaneously. A virus scan must be performed on all files submitted.

A cover sheet identifying the contents to include the following:

• Contractor Name mailto:Tony.Ross@ice.dhs.gov

• Complete business mailing address

• Solicitation number 70CMSW22Q0000030

• GSA Federal Supply Schedule Contract Number

• SAM Registered Data Universal Numbering System (DUNS) Number

• Unique Entity ID (UEI) Code

• Authorized Point of Contact (POC) name, email address and telephone number

Volumes I, II and III submissions shall be labeled “RFQ 70CMSW22Q00000030” and sent directly via Electronic Email (e-mail) ONLY to ICE Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

All electronic e-mail proposals shall be provided in MS Word Version 2010 or later and/or Excel Version 2010 or later. Facsimile proposals are not permitted and will be disregarded if received.

Failure to provide any required documents may result in the proposal being removed from consideration for award by the Government.

VOLUME I- Technical Approach

This section shall be limited to five (5) pages total and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

The Quoter shall provide a brief description of the technical approach to providing the proposed body armor identified in the SOW.

VOLUME II- Past Performance

This section shall be limited to five (5) pages total and all submissions shall be sent directly via Electronic Email (e-mail) ONLY to Contracting Officer, Tony Ross at Tony.Ross@ice.dhs.gov.

The quoter shall identity three (3) ongoing or successfully completed projects performed by the quoter or its Subcontractors that demonstrate recent and relevant past performance. Recent is defined as within the last three (3) years from the date proposals are due. Relevant is defined as work similar in scope, complexity, magnitude, and financial impact to client to the work identified in the SOW. For ongoing projects, at least 50 percent of the contract funding for the period of performance shall have been expended by the date of submission of the proposal.

Please include the following information:

a) Project Title,

b) Description of the Project,

c) Contract/Delivery Order Number,

d) Contract/Delivery Order Amount,

e) Government Agency/Organization,

f) Contracting Officer’s Representative (COR) name, address, phone number and email address,

g) Contracting Officer’s name, address, telephone number and email address, and mailto:Tony.Ross@ice.dhs.gov

h) Current Status, (e.g., completed and/or in progress, start and estimated completion date).

The Government reserves the right to access and consider past performance information from other sources.

VOLUME III- Pricing

Vendors shall fill in the Monthly Price and Total Price columns of the PRICING TABLE in the

RFQ.

QUOTE PREPARATION COST:

The Government will not pay costs incurred by any quoter in the preparation and submission of a proposal in response to this RFQ. The Contracting Officer is the only person who can legally obligate the Government for the expenditure of public funds regarding this procurement.

IV. EVALUATION CRITERIA:

A. BASIS FOR AWARD- IDIQ BASE AWARD(s):

IAW FAR Part 12, the Government will award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible quoter whose offer conforms to the solicitation and will be most advantageous to the Government, price and other factors considered.

The RFQ Factors are as follows:

• Factor 1- Meeting the Minimum Requirements IAW the PWS

• Factor 2- Past Performance

• Factor 3- Price

Relative Importance of Evaluation Factors:

The evaluation factors are stated in descending order of importance. Factors 1 and 2 are referred to as non-price factors. Non-price factors (when combined) are significantly more important than Price (Factor 3). As the non-price evaluation factors approach equality, price becomes more important in making the award determination.

Evaluation Criteria for Factor 1- Meeting the Minimum Requirements IAW the PWS

The Government will evaluate the extent to which the vendor’s quote addresses the aspects below and demonstrates an understanding of the Statement of Work (SOW).

-As part of your Factor 1 submission, Quoters shall address, at a minimum, the following bullets below:

• Confirmation and elaboration that the quoter is capable to meet all tasks listed under the Annual Service requirements. (SOW under Frequency of Services)

• Confirmation and elaboration that the quoter is capable to meet all tasks listed under the Bi-Annual Service requirements. (SOW under Frequency of Services)

• Confirmation and elaboration that the quoter is capable to meet all tasks listed under the Quarterly Service requirements. (SOW under Frequency of Services)

-Factor 1 submissions will be reviewed, evaluated, and assigned a confidence rating as described in the table below:

Confidence Rating Definitions

Rating Definition

High Confidence The Government has high confidence that the quoter understands the ICE Range Support Services requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with little or no Government intervention.

Some Confidence The Government has some confidence that the quoter understands the ICE Range Support Services requirement, proposes a sound approach, has the necessary technical capability, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the quoter understands the ICE Range Support Services requirement, proposes a sound approach, has the necessary technical capability, or will be successful in performing the contract even with Government intervention.

Evaluation Process for Factor 2- Past Performance

The Government will evaluate the relevance and quality of the quoter’s past performance based on the past performance references provided in the quoter’s submission and/or other information obtained from references provided by the quoter. The Government may also use other relevant past performance information obtained from other sources known to the Government in its evaluation. The Government reserves the right to perform customer surveys only for those contracts that are deemed by the Government to be most relevant to this procurement. A quoter without a record of past performance or for whom information on relevant past performance is not available will be evaluated as neutral. The past performance evaluation will assess the quoter’s record of providing quality body armor that ensures the SOW requirements were met.

-Factor 3 submissions will be reviewed, evaluated, and assigned a rating as described in the table below:

Adjectival Rating Definition

Exceptional = E

Based on the quoter’s past performance record, performance met contractual requirements and exceeds many to the Government’s benefit. It is highly likely that the quoter will successfully perform the required effort.

Very Good = VG

Based on the quoter’s past performance record, performance met contractual requirements and exceeds some to the Government’s benefit. It is most likely that the quoter will successfully perform the required effort.

Satisfactory = SAT

Based on the quoter’s past performance record, performance met contractual requirements. It is likely that the quoter will successfully perform the required effort.

Marginal = M

Based on the quoter’s past performance record, performance did not meet some contractual requirements. It is likely that the quoter will not successfully perform all of the required effort.

Unsatisfactory = U

Based on the quoter’s past performance record, performance did not meet most contractual requirements and recovery was not accomplished in a timely manner. It is highly likely that the quoter will not successfully perform the required effort.

Neutral = N

No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the quoter, key personnel, or subcontractors. This is neither a negative nor positive assessment.

Evaluation Process for Factor 3- Price.

Price proposals will not be assigned an adjectival rating but will be evaluated with respect to reasonableness and completeness based on the information submitted in the Quoter’s price proposals. Vendors shall fill in the Monthly Price and Total Price columns of the PRICING TABLE in the RFQ. Vendors shall identify if their quote includes “GSA SCHEDULE” or “OPEN MARKET” pricing.

PRICING TABLE:

CLINS Product Description Period of Performance Qty Monthly

Price Total Price

BASE

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 14 Aug 22 – 13 Aug 23 12 Mo $ $

OP1

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 14 Aug 23 – 13 Aug 24 12 Mo $ $

OP2

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 14 Aug 24 – 13 Aug 25 12 Mo $ $

OP3

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 14 Aug 25 – 13 Aug 26 12 Mo $ $

OP4

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 14 Aug 26 – 13 Aug 27 12 Mo $ $

CLIN

Bullet Trap Maintenance and Cleaning (includes Quarterly, Bi-annual and Annual Service) 6 Month Extension (52.217-

8) 14 Aug 27 – 13 Feb 28 6 Mo $ $

TOTAL PRICE

IAW FAR 12.209, the CO will evaluate pricing to determine if it is fair and reasonable using the following methods:

Reasonableness- The Government may utilize one or more of the following methods to evaluate price reasonableness:

• Comparison to other quotes received.

• Comparison and/or analysis based on Independent Government Cost

Estimate (IGCE).

• Comparison/analysis to historical prices paid by ICE for similar services.

Completeness- The Government’s price evaluation will also assess the accuracy and completeness of the quote, which involves verification that:

• All line items are priced.

• Figures are correctly calculated; and

• Prices/discounts are presented in the adequate format.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.” To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the quoter’s final option period price to the quoter’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

V. SOLICITATION FAR CLAUSES AND PROVISIONS:

FAR 52.204-13 System for Award Management – Maintenance (OCT 2018) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2022)

(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) https://www.acquisition.gov/FAR/

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)**

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021)**

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3 Protest After Award (AUG 1996)

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(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:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010)

(4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

(5) [Reserved]

(6) 52.204-14 Service Contract Reporting Requirements (OCT 2016)

(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016)

(8) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021)

(9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(10) [Reserved]

(11) 52.219-3 Notice of HUBZone Set-Aside of Sole Source Award (SEP 2021)

(12) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021)

(13) [Reserved]

(14) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

Alternate I (MAR 2020)

(15) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020)

(16) 52.219-8 Utilization of Small Business Concerns (OCT 2018)

(17) 52.219-9 Small Business Subcontracting Plan (NOV 2021)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (JUN 2020)

Alternate IV (SEP 2021)

(18) 52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(19) 52.219-14 Limitations on Subcontracting (SEP 2021)**

(20) 52.219-16 Liquidated Damages – Subcontracting Plan (SEP 2021)

(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(SEP 2021)

(22) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021)

(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021)

(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 (SEP 2021)

(25) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020)

(26) 52.219-33 Nonmanufacturer Rule (SEP 2021)

(27) 52.222-3 Convict Labor (JUN 2003)

(28) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2022)

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

(30) 52.222-26 Equal Opportunity (SEPT 2016)

Alternate I (FEB 1999)

(31) 52.222-35 Equal Opportunity for Veterans (JUN 2020)

Alternate I (JUL 2014)

(32) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

Alternate I (JUL 2014)

(33) 52.222-37 Employment Reports on Veterans (JUN 2020)

(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

(35) 52.222-50 Combating Trafficking in Persons (NOV 2021)

Alternate I (MAR 2015)

(36) 52.222-54 Employment Eligibility Verification (MAY 2022) (Executive Order 12989)

(37) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (MAY 2008)

Alternate I (MAY 2008)

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

Hydrofluorocarbons (JUN 2016)

(39) 52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

(40) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

(41) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUNE 2014)

(42) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020)

(43) 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015)

Alternate I (JUNE 2014)

(44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020)

(45) 52.223-20 Aerosols (JUN 2016)

(46) 52.223-21 Foams (JUN 2016)

(47) 52.224-3 Privacy Training (JAN 2017)

Alternate 1 (JAN 2017)

(48) 52.225-1 Buy American – Supplies (NOV 2021)

(49) 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (NOV 2021)

Alternate I (JAN 2021)

Alternate II (JAN 2021)

Alternate III (JAN 2021)

(50) 52.225-5 Trade Agreements (OCT 2019)

(51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

(52) 52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

(54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007)

(55) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(56) 52.232-29 Terms for Financing of Purchases of Commercial Items (NOV 2021)

(57) 52.232-30 Installment Payments for Commercial Items (NOV 2021)

(58) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018)

(59) 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013)

(60) 52.232-36 Payment by Third Party (MAY 2014)

(61) 52.239-1 Privacy or Security Safeguards (AUG 1996)

(62) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

(63) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021)

Alternate I (APR 2003)

Alternate II (NOV 2021)

(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:

(1) 52.222-41 Service Contract Labor Standards (AUG 2018)

(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

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

(MAY 2014)

(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)

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014)

(7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(NOV 2022)

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(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, 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 (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232.)**

(v) 52.219-8, 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 the 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 (Sept 2015) (E.O. 11246).

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

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

793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O 13627).

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

13627).

(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).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 http://uscode.house.gov/

(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 (MAY 2022) (E.O.12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

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

(xix)

(A) 52.224-3, Privacy Training (JAN 2017) (5U.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 (NOV

2021) 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(NOV 2021)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

FAR 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 address: https://www.acquisition.gov/FAR/.

**FAR DEVIATIONS** If any of the below clauses are checked above, the below text will be applicable.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 20- 05)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 2020-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/ to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications mailto:NDAA_Incidents@hq.dhs.gov equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.219-14 Limitations on Subcontracting (OCT 2021) (DEVIATION OCT 2021)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to –

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded.