Sol_140F0522Q0098.pdf

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Hadley MA 01035-9589

SUITE 310

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FWS, DIVISION OF CONTRACTING AND GE

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541620

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RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

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SMALL BUSINESS

05/17/2022 1700 ED

05/03/2022

0000000000Emelia Flaherty (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0522Q0098

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 26 0040570409OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

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Hadley MA 01035-9589

SUITE 310

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24.

AMOUNT

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

Pacific Seabird Program Strategic Plan Development - See Performance Work Statement (PWS) for details.

Period of Performance: 05/18/2022 to 05/17/2023

00010 5-year strategic plan for the Pacific Seabird Program

Continued ...

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26 2 of

Seabird Strategic Plan SOLICITATION NO. 140F0522Q0098

FWS

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

U.S. Fish and Wildlife Service, Portland, OR has a requirement for the development of a seabird strategic plan located in multiple regions in the U.S. Fish and Wildlife Service, Legacy Regions 1 (Pacific Region), 7 (Alaska) and 8 (Pacific Southwest Region) . The anticipated performance period is from 5/18/2022 to 5/17/2023.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2022-06. The NAICS code is 541620 and the small business size standard is $16,500,000.

Instructions All responsible small business sources may submit a quote, which shall be considered by the agency.

Award will be made as a firm-fixed-price contract. The basis of award is the Lowest Price Technically Acceptable (LPTA). The vendor that submits the lowest priced quote, meeting the technical acceptability requirements in the Performance Work Statement, will be awarded the contract. Award will be made to a responsible source pursuant to FAR subpart 9.1.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF- 1449 form with DUNS No. and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number.

Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Solicitation Questions Due: 5/9/2022 @ 1700 ET to emelia_flaherty@fws.gov Quotes Due: 5/17/2022 @ 1700 ET E-Mail Quote Submission: emelia_flaherty@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

PERFORMANCE WORK STATEMENT (PWS)

Pacific Seabird Program Strategic Plan Development

PART 1

GENERAL INFORMATION

1. GENERAL: This is a service contract to develop a 5-year strategic plan for the Pacific Seabird Program. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to develop a 5-year strategic plan for the Pacific Seabird Program as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Purpose: To be effective, the Pacific Seabird Program must think critically about what work it should propose to support conservation of seabirds on National Wildlife Refuges and beyond, carry out proposed work, assess outcomes (evaluate), and use what is learned to adapt future work plans. The Pacific Seabird Program team requires a 5-year Strategic Plan to focus its activities and deliver the maximum conservation benefit for the resources it has at its disposal.

This initial plan needs to incorporate input from the Program Steering Committee and larger Community of Practice (stakeholders and partners) and must include sufficient information to guide annual workplan development for Program staff. The Pacific Seabird Program staff also require focused training to build the capacity to implement the strategic plan and critically evaluate the Program’s progress over the next five years.

1.2.1. Background: The Pacific Seabird Program is a cooperative endeavor fostered and led by USFWS to facilitate and coordinate seabird scientific activities (primarily inventory and monitoring) among public and private partners in the U.S. Pacific. The Pacific Seabird Program is a multi-Regional program housed within the National Wildlife Refuge System’s (NWRS) Branch of Refuge Biology in Legacy Regions 1 (Pacific Region), 7 (Alaska) and 8 (Pacific Southwest Region). The Program is supported by the NWRS Inventory and Monitoring Programs of the three Legacy Regions and has been formalized by an MOU between the Regions. Three full-time staff positions are envisioned for the PSP: a program coordinator, data manager, and biometrician. At this time, only the program coordinator position is funded and filled. The coordinator position was not permanently filled until June 2021. Prior to that, coordination duties were carried out by a series of interim coordinators. This program also is supported by a steering committee composed of 17 seabird scientists and managers from within the USFWS and partner agencies. Through its tools and support services, the Pacific Seabird Program seeks to integrate the community of seabird scientists across the U.S. Pacific, both on National Wildlife Refuges and beyond.

The geographic scope of the Pacific Seabird Program includes most of the North Pacific Ocean and extends south of the equator, including the California Current System that flows along the west coast of North America, Alaska, Hawai’i and its surrounding waters, the U.S. territories of American Samoa in the South Pacific and Guam and the Commonwealth of the Mariana Islands in the Western Pacific, and remote national wildlife refuges and marine national monuments.

This vast area includes Arctic, subarctic, temperate, subtropical, tropical, and equatorial seas and diverse ecosystems that encompass breeding and foraging habitat for 36 seabird species numbering in the tens of millions.

Development of a five-year strategic plan should help guide the growth and development of the program by identifying the scope and vision, developing and prioritizing objectives, and creating guidelines for working collaboratively and effectively across the Pacific Regions to address the many seabird conservation needs. The plan should be created in an adaptive management framework that sets up annual work plans that can be adjusted to respond to changing conditions and needs based on sound science.

1.3. Objectives:

• To create a 5-year strategic plan which articulates a long-term vision for the Pacific Seabird Program, along with goals and prioritized objectives and thematic categories of actions to annually guide program work toward achieving this vision.

• To increase the Pacific Seabird Program’s team capacity to implement the strategic plan and critically evaluate progress over the next five years.

1.4. Scope:

To meet the Objectives (1.3), the contractor shall provide the following services (see Part 5 for more detailed description of tasks):

• Facilitate strategic planning workshops: Through a series of remote group workshops and remote one-on-one sessions, the contractor shall provide customized facilitation for the Staff and Steering Committee of the Pacific Seabird Program through the steps necessary to develop a 5-year strategic plan (see Section 5 below).

o Workshops will be geared towards a targeted group of FWS staff and Pacific Seabird Program Cooperators (~20 people). Contractor may also obtain feedback from a larger group of stakeholders (e.g., a broader sample of Refuge staff and/or partner agencies and non-governmental organizations (NGOs)) through either phone interviews or virtual meetings.

o Contractor shall also provide a series of independent exercises for the team to prepare for and follow-up on the workshops and facilitate discussion sessions after each exercise.

o The Pacific Seabird Program Coordinator will work with the contractor on creation of workshop agendas, stakeholder interviews and/or surveys (if applicable) summary documents, outcomes and action items from the workshops.

• Write draft strategic plan: using the results of the workshops, the contractor shall draft a 5-year strategic plan in close coordination with the Pacific Seabird Program Coordinator.

• Pacific Seabird Program staff training: the contractor shall provide training (via 2-3 facilitated sessions) for Program staff to build the team’s capacity to implement the strategic plan and evaluate progress towards meeting the plan objectives.

1.5. Period of Performance: Performance Period will start NLT one month after contract award.

Contractor is required to be ready to perform services within one month of contract award. The period of performance will be 12 months from POP start date.

1.6. General Information:

1.6.1. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themself that their work complies with the requirement of the contract.

1.6.2. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement (PWS).

1.6.3. Recognized Holidays: The Federal Government observes the following holidays. The contractor is not required to perform on these holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.4. Hours of Operation: The contractor will not have set hours of operation. However, when work is to be performed that requires participation of Government employees, the contractor is responsible for conducting that business between the hours of 8:00 a.m. and 5:00 p.m, Monday thru Friday except Federal holidays or when the Government employees cannot access their workplace due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5. Place of Performance: The place of performance will be the Contractor’s place of business for most tasks, including remote webinars and strategic plan writing.

1.6.6. Type of Contract: The government will award a Firm Fixed Price contract.

1.6.7. Security Requirements: Not applicable

1.6.7.1. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Technical Representative (TR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10. Technical Representative: The TR monitors all technical aspects of the contract and assists in contract administration. The TR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The TR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11. Key Personnel: The Contractor’s assigned strategic planning facilitators are considered Key Personnel.

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 5:00 p.m., PT, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

The FWS requires the services to be provided by a contractor employee with strong strategic planning skills, facilitation skill, and writing skills. The employee shall have the following experience:

• Developing strategic plans for natural resource conservation organizations at local, state and national scales;

• Applying methods and planning approaches used by the Conservation Coaches Network, the Open Standards for the Practice of Conservation, Theory of Change or the equivalent;

• Facilitating strategic planning through remote workshops for conservation organizations with a distributed network of employees;

• Implementing strategic plans (including adaptive management), developing programs and evaluating program objectives; and

• Coaching teams in the implementation and future evaluation of strategic plans and providing tools to assess program strengths, challenges and opportunities.

1.6.12. Identification of Contractor Employees: All contract personnel attending meetings, or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13. Contractor Travel: Contractor will not be required to travel.

1.6.14. Other Direct Costs: This category includes reproduction, and shipping expenses associated with workshop activities.

1.6.15. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17. Phase In/Phase Out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. TECHNICAL REPRESENTATIVE. An employee of the U.S. that assists the Contracting Officer in administration of the contract. This individual may provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. Acronyms:

COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation CO Contracting Officer NWR National Wildlife Refuge NWRS National Wildlife Refuge System OCI Organizational Conflict of Interest POC Point of Contact PRS Performance Requirements Summary PSP Pacific Seabird Program PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QC Quality Control QCP Quality Control Program SMART Specific, Measurable, Achievable, Results Oriented, Time-fixed TE Technical Exhibit TR Technical Representative

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not applicable

3.2. Facilities: The Government will not provide meeting space for the strategic planning workshop.

3.3. Utilities: Not applicable

3.4. Equipment: The Government will not provide access to equipment.

3.5. Materials: The Government will provide access to relevant reports, policies, and other background materials on the National Wildlife Refuge System and the Pacific Seabird Program.

The Government will also provide documents that are relevant to the strategic planning effort.

Additional documents will include but may not be limited to similar strategic plans for the region, project reports or summaries, and example inventory and management plans.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Secret Facility Clearance: Not applicable

4.3. Materials: The Contractor shall furnish all materials required to perform work under this contract that are not listed under Section 3 of this PWS.

4.4. Equipment: The Contractor shall furnish all equipment required to perform work under this contract that are not listed under Section 3 of this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The contractor shall provide services for facilitation for, and creation of a 5-year strategic plan for the Pacific Seabird Program.

5.2. Facilitate Strategic Planning Workshops: through a combination of remote workshops and focused interviews, the contractor shall provide customized facilitation for the Program Coordinator, Steering Committee, and selected stakeholders of the Pacific Seabird Program.

Subtasks B – D are anticipated to be completed through remotely facilitated workshops that are estimated to take a cumulative total of 1-2 days, not including pre-workshop preparation.

Subtasks E-I are anticipated to be completed during an additional 2-day remotely facilitated workshop (not including pre-workshop preparation). The specific facilitation subtasks include the following:

A. Pre-workshop preparation – review Government Furnished Materials and become familiar with key NWRS documents and previous seabird work relevant to strategic planning;

B. Develop scope, vision, targets for strategic planning effort;

C. Identify and rank barriers to and opportunities for achieving vision;

D. Assess stakeholders - identify and differentiate the key stakeholders, their roles, primary interests, level of influence, and opportunity for engagement;

E. Develop a situation model – a common understanding of the cause and effect relationships among barriers, opportunities, and key actors in order to make meaningful, incremental progress beyond the current situation.

F. Develop goals –broad, open-ended statements of the ultimate desired conditions that we hope to achieve;

G. Develop, assess, and prioritize strategies to address the most important barriers and opportunities;

H. Articulate theory of change – being explicit about the results we expect to happen when strategies are implemented; and

I. Develop objectives - SMART statements of the outcomes that are necessary to attain the goals

J. Identify thematic groupings of actions that are tied to achieving SMART objectives; these themes provide the structure for the development of annual working plans. (basis for tracking the effectiveness of strategies)

5.3. Write Strategic Plan: Using the supplied draft outline and the results of the workshops, the contractor shall draft a 5-year strategic plan in close coordination with the Pacific Seabird Program Coordinator. The Contractor shall assume three rounds of inspection will be conducted.

Based on Government furnished materials and the results of Task 5.1, the Contractor shall develop a draft Strategic Plan that has been edited and formatted. The Government will review the deliverable and provide comments and edits to the Contractor. The Contractor shall then submit a 2nd draft Strategic Plan that completely addresses the Government’s comments and edits. The Government will conduct a final review of the deliverable and provide comments and edits to the Contractor. The Contractor shall then submit a 3rd and final deliverable that completely addresses the final comments. The final strategic plan deliverable will be due for completion 12 months after the contract is awarded.

5.4. Training and Capacity Building: The contractor will provide customized training to increase the Pacific Seabird Program team’s skill and capacity to implement the strategic plan and critically evaluate Program progress towards meeting the objectives of the strategic plan in the future.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. ATTACHMENT/TECHNICAL EXHIBIT LIST:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1. The contractor shall meet timelines for major milestones identified in the project plan

Timelines identified in project plan (developed by Contractor and Government at the start of the project)

100% of established timelines for deliverables are met with zero deviation from the standard

PSP

Coordinator Review

PRS # 2 The contractor shall facilitate customized strategic planning workshops

Customized strategic planning workshops are completed and successfully accomplish objectives.

Workshops are provided with zero deviation from the standard

PSP

Coordinator Review

PRS # 3 The Contractor shall provide a draft and final version of the strategic plan

Clear, succinct, and well composed strategic plan

Strategic Plan is completed with zero deviation from the standard

PSP

Coordinator Review

PRS #4 The contractor shall provide training on strategic plan implementation and evaluation.

Clear training material on strategic plan implementation and evaluation

2-3 facilitated team discussions

PSP

Coordinator Review

Seabird Strategic Plan

SOLICITATION NO. 140F0522Q0098

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR Provisions – Full Text

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of provision)

FAR Clauses by Reference

52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

FAR Clauses – Full Text

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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:

[Contracting Officer check as appropriate.]

__ (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).

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

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

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

__ (5) [Reserved].

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

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

_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).

__ (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]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

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

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

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

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

https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (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.

__ (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).

_X_ (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)).

__ (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).

__ (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.

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

https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim

__ (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).

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (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.

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

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

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

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

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

https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_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. 4 001 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 (Nov2007) ( 42 U.S.C. 5150).

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

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

__ (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.

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