RFQ_W50S6W22Q6009_Strong Bonds FINAL 27 Jul 2022.docx

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DC NG Strong Bonds Coastal Event
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W50S6W22Q0009
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Combined Synopsis/Solicitation

(IAW FAR 12.603)

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This requirement is set-aside for a women owned small business.

1.1. The combined synopsis is issued as a Request for Quotation (RFQ) under solicitation number : W50S6W-22-Q-6009

1.2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-04

1.3. Small Business Set-Aside: 100%; Applicable Size Standard is $12.0M

1.4. NAICS Code: 561920 - Convention and Trade Show Organizers

1.5. Posting Date: 27 July 2022

1.6. Response Date: 5 August 2022

1.7. Contracting Office: 113 MSG/MSC

1.8. Government Points of Contact: Contracting Officer: SMSgt Stacey Little, stacey.little.1@us.af.mil and Contract Specialist: Capt Michael McDowell (michael.mcdowell.14@us.af.mil)

1.9. A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable: Refer to

1.10. Description of requirements for the items to be acquired:

The contractor shall furnish all tools, labor, equipment, transportation, and parts necessary to provide Strong Bonds event planning services in accordance with the attached Statement of Work (SOW).

1.11. Period of performance: This solicitation is planned to result in a Firm Fixed Price Purchase Order with a delivery date of 60 days after award.

1.12. Provision 52.212-1, Instructions to Offerors-Commercial, and addendum applies to this acquisition

1.13. Provision 52.212-2, Evaluation-Commercial Items and addendum applies to this acquisition

1.14. Offerors shall include a completed copy of 52.212-3, Offeror Representations and Certifications-Commercial Items with its offer

1.15. FAR 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition.

1.16. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. See clause below in full text to see which additional clauses checked are also applicable.

1.17. Additional contract provisions and clauses are applicable and included below as necessary.

1.18. Defense Priorities and Allocations Systems (DPAS) Rating:

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(e) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(f) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(End of provision)

***Addendum to FAR 52.212-1***

1. QUOTE SUBMISSION INSTRUCTIONS

1.1. Submission Due Date. The offeror must ensure its quote, in its entirety, reaches the required destination before the date and time set for closing of the solicitation. The submission due date for this solicitation is 5 August 2022 at 4:00 PM (local time).

1.1.1. The lateness rules for submitted quotes are outlined in FAR 52.212-1 "Instructions to Offerors-Commercial Items," and are incorporated into this solicitation.

1.2. Submission. The quote submitted in response to this solicitation shall be formatted as stated below and furnished electronically to the Contracting Officer: SMSgt Stacey Little, stacey.little.1@us.af.mil and Contract Specialist: Capt Michael McDowell (michael.mcdowell.14@us.af.mil). The quote shall only be submitted as described.

1.3. Quote Compliance. The Government must have received from the offeror a fully compliant quote. The quote is compliant when it conforms to all of the requirements, terms, and conditions of the solicitation, including the Statement of Work (SOW).

1.4. Quote Acceptance. FAR 52.212-1(c) is hereby tailored for this solicitation: The contractor shall specify a quote acceptance period in the quote Summary of not less than 60 days from the date of the solicitation closing. This date may be extended by mutual agreement. The contractor shall make a clear statement in the quote as to the expiration date of the quote and the stated expiration date shall be valid for all proposed subcontractors as well.

1.5. Quote Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the Government will retain one copy of all unsuccessful quotes.

1.6. Single Quote Submission. FAR 52.212-1 is hereby tailored to remove subparagraph (e) which does not apply to this solicitation. Offerors are limited to submitting one quote with one approach to meeting all the requirements of this solicitation. Quotes that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

1.7. All or None. FAR 52.212-1(h) is hereby tailored for this solicitation: Offers in response to this solicitation must be submitted for all the requirements identified in the solicitation. Offers submitted for less than all the requirements called for by this solicitation may be rejected or ineligible for award.

2. QUOTE FORMAT

2.1. This section provides guidance to the offeror for preparing a quote in response to the solicitation. The offeror’s quote shall include all data and information required by this solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

2.2. The quote submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein. The acceptable electronic formats for quotes shall be compatible with MS Office 2016, specifically MS Word and MS Excel; PDF format is acceptable for the Technical quote and price narrative. All quote volumes shall be labeled with the solicitation number (W50S6W-22-Q-6005), as well as the name, address, and telephone number of the Offeror. All volumes shall be electronic files and not be password protected.

2.3. Minimum type size shall be 12 point Time New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

3. QUOTE CONTENT AND ORGANIZATION

3.1. The offeror shall prepare the quote as set forth in Table 1, Quote Organization Table. The completion and submission to the Government of documents identified in Table 1, Quote Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

3.2. The quote shall not contain citations for, or active links to live Internet sites or pages. All linked information shall be contained within the electronic quote. Any linked information that is not contained in the quote will not be accepted.

3.3. Each volume shall be written or presented on a standalone basis. Information required for quote evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the quote and will not be considered.

3.4. Pages that exceed the required page limitations set forth in Table 1, Quote Organization table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1 QUOTE ORGANIZATION TABLE

VOLUME
SECTION TITLE
COPIES
PAGE LIMIT
1
Cover Letter – Not Evaluated

Proposal / Quote / Offer Summary – Not Evaluated Organizational Conflict of Interest (OCI) – Not Evaluated

1 – electronic
Unlimited
2
Factor 1: Technical Capability
1 – electronic
10 pages
Factor 2: Past Performance
1 – electronic
Up to 5 pages per reference; not to exceed 10 pages

(Past performance, PWS, and SOWs do not count towards the page limit)

4
Factor 3: Price Proposal / Quote / Offer
1 – electronic
Unlimited

4. QUOTE DOCUMENTS

4.1. Quotes shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rational to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s quote in response to this solicitation, except as stated in the past performance evaluation section.

4.2. Quotes are to be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation (Attachment 2).

4.3. QUOTE SUMMARY, Volume 1, shall include:

· Solicitation No. W50S6W-22-Q-6009

· Date submitted

· Offeror’s name

· Offeror’s address, CAGE code, and DUNs

· Offeror contact information for quote POC(s)

· All proposed subcontractor(s) (as applicable)

· Address, CAGE code, and DUNs for each proposed subcontractor

· Quote Acceptance Period

· OCI Plan or negative affirmation

4.4. Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award.

4.5. Statement of Acknowledgement. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the quote from further consideration in the source selection process.

4.6. Assumptions. The offeror shall consolidate and identify all offeror's generated "assumptions" contained anywhere in the quote. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the quote from further consideration in the source selection process.

5. TECHNICAL CAPABILITY, Volume 2, shall include:

5.1. The Technical Capability section of the quote shall present relevant information articulating the offeror’s proposed approach to meeting the SOW requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the proposed approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. This section shall not include any pricing data. The offeror’s quote information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

5.1.1. Sub-factor 1: Hotel/Conference Center: Offerors shall provide supporting documentation showing all proposed event spaces meet the requirements in Para 1 and Para 3.1.1 through Para 3.1.5.3 of the SOW

5.1.2. Sub-factor 2: Coastal Event Requirement: Offerors shall provide supporting documentation showing the proposed location meets the requirements in Para 3.2 the SOW

5.1.3. Sub-factor 3: Sample Menu: Offeror shall provide a sample menu that meets the requirements listed in Para 4.2.1 through 4.2.3.1

6. PAST PERFORMANCE, Volume 3, shall include:

6.1. The offeror shall submit information for a total of up to three years (no more than 5 projects) of contract past performance references that were performed by the offeror as the prime contractor. These may include foreign, federal, state, local and private industry contracts.

6.1.1. While the Government may elect to consider data obtained from internal and external sources other than the quote, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

6.1.2. The Government does not assume the duty to search for data to cure problems it finds in quotes.

6.2. The below instructions are provided to advise offerors as to the information required by the Government to assess the contractor's past performance. Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.

6.2.1. Failure to provide the information requested below may result in an assessment that the offeror does not possess a record of past performance.

6.2.2. Contract Information: The offeror's quote shall substantiate what distinct effort was required and actually performed under each of the contract(s) included in the quote.

6.2.2.1. For each Contract(s) submitted, provide the following information:

· Prime Contractor name and address;

· Contract Number (and delivery/contract number if applicable);

· Contract Type;

· Total Value of the Contract (beginning & ending value);

· Delivery or Performance Schedule;

· Contract period of performance;

· Government or private industry contracting activity address, telephone number and e-mail;

· Procuring Contracting Officers (PCO) and/or Contract Specialist's name, or point of contact for private industry entity responsible for signing or administering the Contract, telephone number and e-mail;

· Government (DCMA) or private industry administrative contracting officer (ACO), contracting officers representative (COR), performance certifier, and/or quality assurance representative (QAR), name, telephone number and email;

· Specify the Government or Contractor Point(s) of Contact for which the Questionnaire was sent, and provide the date(s) it was sent;

· Provide a brief self-assessment of contract performance

6.3. The offeror may provide a copy of the CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the quote.

7. PRICE, Volume 4, shall include:

7.1. Price Quote Format.

7.1.1. Pricing information shall be submitted utilizing the pricing template titled “Attachment 2-Pricelist” of this solicitation

7.1.2. Under no circumstances is price information and documentation to be included elsewhere in the / quote.

7.2. The price quote shall contain:

· The total price for each CLIN in the solicitation. For any CLIN providing more than one item the offeror shall also provide the price for each item.

7.3. In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

(End of provision)

EVALUATION FACTORS FOR AWARD

1. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1.1. Technical

1.2. Past Performance

1.3. Price

2. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

3. Basis for Award

3.1. The Government intends to award a single Firm-Fixed Price (FFP) Contract as a result of this solicitation.

3.2. Per FAR 9.103, the contract will be placed only with an offeror that the Contracting Officer determines to be responsible, that is, those who can satisfactorily perform the necessary tasks and deliver the required services on time. Prospective offerors, in order to qualify as sources for this acquisition, must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. In addition, the Government may assess the offeror’s financial ability to meet the solicitation requirements. No award can be made to an offeror who has been determined to be not responsible by the Contracting Officer.

3.3. Consistency. Each section of the offeror’s quote shall be consistent within the quote.

3.4. Completeness. The Government’s ability to evaluate a quote may depend on the level of detail and supporting documentation provided. Insufficient supporting documentation or detail in a quote may prevent the Government from evaluating a quote.

3.5. The Government will assess the offeror’s quote on three factors: (1) Technical Capability, (2) Past Performance and (3) Total Price (TP). Technical Capability and Past Performance when combined are more important than Total Price.

4. EVALUATION OF TECHNICAL CAPABILITY

4.1. Evaluation of this factor will assess the offeror's proposed approach and understanding of the requirements and risk of unsuccessful performance of the proposed approach to technical capability in accordance with the SOW.

4.1.1. Sub-factor 1: Hotel/Conference Center: The following factors will be evaluated to determine the best value to the government:

4.1.1.1. Location is within acceptable driving distance to Joint Base Andrews, MD

4.1.1.2. Hotel amenities offered

4.1.1.3. General Session Event Space

4.1.1.4. Breakout Room Event Space

4.1.1.5. Conference (Staff) Room Space

4.1.2. Sub-factor 3: Coastal Event Requirement: The following factors will be evaluated to determine the best value to the government:

4.1.2.1. Hotel amenities offered

4.1.2.2. Proximity to beach

4.1.2.3. Proximity to shops, restaurants, and other activities

4.1.3. Sub-factor 5: Sample Menu: The following factors will be evaluated to determine the best value to the government:

4.1.3.1. Menu must meet minimum items listed in Para 4.2.1 through 4.2.3.1

4.1.3.2. Preference will be given to meal options offered that provide the most value to the government while staying within the per diem limitations

5. EVALUATION OF PAST PERFORMANCE

5.1. . Evaluation will be had on a Pass/Fail basis. Determination will be made based on the information retrieved from Contractor Performance Assessment Reporting System (CPARS). If there is any performance rating below “satisfactory” and there if no corrective action provided the evaluation will be considered as fail and the offeror will not be considered for award. In the case of an offeror without a record of past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance

5.2. Offerors shall identify any Non-Systems Contractor Performance Assessment Reporting System (CPARS) received within the past 2 years of this proposal submission date that received a Marginal or below rating for any evaluation area. Moreover, Offerors shall identify any corrective action(s) or any other action it has taken to address, resolve, mitigate, and/or otherwise correct the issue(s) that were the cause of the Marginal or below CPARS rating. The Government reserves the right to use contract performance data provided in the Offeror’s proposal and contract performance data obtained from other sources, including but not limited to the CPARS database. In the event that an Offeror fails to disclose any CPARS rated Marginal or below within the last 2 years for the same CAGE code as the entity submitting the proposal, which is subsequently identified by the Government during the evaluation of its proposal submitted pursuant to this solicitation, the Offeror will not be eligible for award, otherwise considered for award, or evaluated further. The Government has no duty to search for additional data to cure problems the Government finds in the information provided by the Offeror.

6. EVALUATION OF PRICE FACTOR

6.1. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether prices are reasonable, complete, and are not unbalanced.

6.2. Reasonableness. The Government will evaluate the price reasonableness of the offerors' proposed prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The Government shall employ price analysis techniques in accordance with FAR 13.106-3 to determine that a proposed price is fair and reasonable.

6.3. Completeness. The Government reserves the right to conduct exchanges with offerors, but exchanges are not anticipated or intended. Since exchanges are not anticipated or intended, the Government requires complete quotes with respect to price. A complete quote will include all information required by this solicitation.

6.4. Unbalanced Pricing. Offerors should note that pricing will be carefully reviewed to detect whether quotes are unbalanced between line items, as well as unbalance between periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques. Unbalanced offers may be determined unacceptable.

CLAUSES INCORPORATED BY REFERENCE

52.204-13System for Award Management Maintenance
52.204-18Commercial and Government Entity Code Maintenance
52.204-19Incorporation by Reference of Representations and Certifications.
52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.212-4Contract Terms and Conditions--Commercial Items
52.232-39Unenforceability of Unauthorized Obligations
52.246-2Inspection of Supplies-Fixed-Price
52.232-40Providing Accelerated Payments to Small Business Subcontractors
252.201-7000Contracting Officer's Representative
252.203-7000Requirements Relating to Compensation of Former DoD Officials
252.203-7002Requirement to Inform Employees of Whistleblower Rights
252.204-7000Disclosure of Information
252.204-7003Control Of Government Personnel Work Product
252.204-7006Billing Instructions
252.204-7008Compliance with Safeguarding Covered Defense Information Controls
252.204-7012Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015Notice of Authorized Disclosure of Information for Litigation Support
252.204-7018Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.225-7055 Prohibition Regarding Business Operations with the Maduro Regime

252.232-7003Electronic Submission of Payment Requests and Receiving Reports
252.232-7010Levies on Contract Payments
252.244-7000Subcontracts for Commercial Items

ADDITIONAL CLAUSES IN FULL TEXT

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (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 products and commercial services:

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

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

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

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

(5) 52.233-3, 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (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.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (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.

X__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

X __ (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) ( 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 (SEP 2021) ( 15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

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

X__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 (Jun2014) of 52.223-14.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (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 (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

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

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

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

_X_ (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 (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

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

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

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

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

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

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

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

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

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

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

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

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

(e)

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

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

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

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

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

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

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

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

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

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

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

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

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

X (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 (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (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) ( 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 (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.252-2 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: https://www.acquisition.gov/browse/index/far DFARS: https://www.acquisition.gov/dfars AFARS: https://www.acquisition.gov/afars

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

252.232-7006 Wide Area WorkFlow Payment Instructions. (DEC 2018)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

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

(1) Document type. The Contractor shall submit payment requests…

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