Sol_140P2124Q0258.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PHF

Harpers Ferry WV 25425 IDC Building 67 Mather Place DOI, NPS, HFC - Acquisition Managem

0009060803 CODE 16. ADMINISTERED BYCODE

X

X

X

541511

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/14/2024 1000 MD

07/23/2024

6029899775David Clark (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2124Q0258

5. SOLICITATION NUMBER

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

1 37 0040668988OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Harpers Ferry WV 25425 IDC Building, 67 Mather Place NPS, Harpers Ferry Center

15. DELIVER TO

Denver CO 80225 P.O.Box 25287 MS WCP

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

NPS, WASO - WCP Contracting

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010 Publications DBs Product/Service Code: DA01 Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

Delivery: 09/30/2025 Period of Performance: 10/01/2024 to 09/30/2025 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

David Clark

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 Media Development DBs

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

Delivery: 09/30/2025

FOB: Destination

Period of Performance: 10/01/2024 to 09/30/2025

00030 Willow Springs DBs

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

Delivery: 09/30/2025

FOB: Destination

Period of Performance: 10/01/2024 to 09/30/2025

00040 Administrative/IT

Product/Service Code: DA01

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 37

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P2124Q0258

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

Delivery: 09/30/2025

FOB: Destination

Period of Performance: 10/01/2024 to 09/30/2025

00050 Travel

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

Delivery: 09/30/2025

FOB: Destination

Period of Performance: 10/01/2024 to 09/30/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Combined Synopsis/Solicitation

Document No.

140P2124Q0258

Document Title FileMakerPro, Harpers Ferry Center (HFC)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in the notice. FAR Part 13 applies. This announcement constitutes the only solicitation for this requirement.

The synopsis/solicitation reference number is 140P2124Q0258 and is being issued as a Request for Quotation (RFQ) in support of Harpers Ferry Center, WV.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05, Effective 5/22/2024 and the Department of the Interior Acquisition Regulation System (DIAR).

This procurement is a 100% Total Small Business Set Aside. The North American Industry Classification System (NAICS) code is 541511- Custom Computer Programming Services. The small business size standard is $34 Million. The Government anticipates award of one firm fixed price supply contract. Award will be made to the responsible respondent pursuant to FAR subpart 9.1.

Questions regarding this solicitation must be submitted in writing to the Contracting Officer, David Clark, via e-mail to david_clark@nps.gov no later than 10:00 am Mountain Time (12:00 pm Eastern Time, on July 31, 2024.

All quotes shall be submitted for receipt no later than 10:00 am Mountain Time (12:00 pm Eastern Time), on August 14, 2024, to the Contracting Officer, David Clark, via e-mail to david_clark@nps.gov.

Respondents are hereby notified that if your quote is not received by the date/time and at the location specified in this announcement, that it will be deemed late and will not be considered for contract award.

SCOPE OF WORK

BACKGROUND

The mission of the U.S. Department of the Interior (DOI) is to protect and provide access to our Nation's natural and cultural heritage and honor our trust responsibilities to Indian Tribes and our commitments to island communities. The responsibility of the National Park Service (NPS), Harpers Ferry Center (HAFC), is to plan, design, produce, and maintain interpretive media for the NPS’s more than 400 areas. Offices are in numerous buildings in Harpers Ferry, West Virginia, and nearby Charles Town, West Virginia.

The purpose of this contract is to acquire FileMaker Platinum Partners as contractors to develop and maintain FileMaker databases hosted on HAFC’s FileMaker Server. These developers are to be certified in FileMaker development. The HAFC server is currently running version 20 with future plans of upgrading to version 21.

SCOPE & OBJECTIVES

All on-site work shall be performed at one of two locations:

• Harpers Ferry Center, 67 Mather Pl., Harpers Ferry, WV 25425

• HFC MCS WS Building, 31 Maple Tree Dr., Charles Town, WV 25414.

Government-furnished laptop(s) will be provided to the Contractor(s) for use in all development and maintenance work under this contract, pending a successful background clearance of the contractor. A successful background investigation is mandatory. This will be provided by the NPS.

The Contractor will perform database development work both off-site using the DOI VPN solution and on-site for four total visits, including the initial onboarding into the NPS network. These onsite visits will last five business days and be coordinated in advance.

mailto:david_clark@nps.gov

Document No.

140P2124Q0258

The contractor will meet with various HAFC personnel to collaborate, develop, and troubleshoot HAFC FileMaker databases, both in-person and virtually on Microsoft Teams. The contractor will keep the Contracting Officer Representative (COR) updated and apprised of all work. The functional user will only specify work that is within the scope of this contract but are free to utilize the contractor to develop needed and/or desired functions within their databases as they see fit.

Five CLINs to be billed will include:

1. Publications Databases – 198 Hours

2. Media Development Databases – 161 Hours

3. Willow Springs Databases – 161 Hours

4. Administrative and IT Technical Troubleshooting – 12 Hours

5. Travel for four (4) week-long (Monday through Friday) onsite visits

Work sessions will last throughout the year for the duration of the contract. Typical examples of the work and development needed include, but are not limited to:

Publications (198 Hours):

• Ongoing updates to existing database functionality and the addition of new functionalities when new demands on the program, including new initiatives, processes, products, or special one-time projects, arise.

• Update menus and drop-downs to reflect current or newly-added functionalities.

• Simplify and streamline complex codes that may generate slow response times.

• Add new—and delete departed—employees as changes in staff warrant.

• Update email alerts to reflect changes in work processes.

• Update existing reports as needed or develop new reports as new initiatives require.

• Update database terminology to reflect changes in processes as well as changes in technology.

• Create new Planner page as fiscal year shifts.

• Add new codes to reflect new fiscal-year accounting codes.

• Explore the possibility of establishing a link to the Pubs image portion of the database, along with all use-rights documentation. This might involve collaboration with Conservation’s art and historical photo collection database.

• Update all references and information related to current/future contractor for the purpose of recording database changes as a reference.

Media Development (MD) (161 Hours):

• Museum Exhibit Planner – Add the ability to read and write EXIF, IPTC1 and IPTC2 information into the external files, images and documents the database manages.

• Statement of Work (SOW) Tool – Allows users to enter specific custom information and requirements for Planning and Design, Fabrication, and Design Build Scopes of Work, for Full and Open and IDIQ SOWS. The tool uses a plugin called “Scribe” to combine user entered requirements and boiler plate information into a word document.

• Cost Estimator (CE) Tool – Used to create and maintain cost estimates as requested by Parks for media projects and reporting the information to enhance oversight.

• Wayside Planner – Needs a layout that features a viewable and printable map that show single and multiple pin locations in the form of GPS coordinates, that can be entered manually by the user and by extracting the Longitude and Latitude coordinates from the metadata of images taken at the site. Ideally compatible with a mobile FileMaker- Go Solution to allow a user to add photographs directly into the Mobile Solution while on a project site and extract the GPS coordinates to create “pinnable” locations. The data would be importable into the Desktop version.

• Audio-Video Inventory Tool – A database to catalogue the AV files that HAFC manages.

• Other Media Development efforts where FileMaker could enhance HAFC business processes.

Willow Springs (161 Hours):

Document No.

140P2124Q0258

• CLIO Asset Management and Tracking – Ongoing updates to existing database functionality of CLIO Registration components and addition of new functionalities when new demands on the program, including new initiatives, processes, products, or special one-time projects, arise. Complete all outstanding Conservation components from previous development. Update menus and drop-downs to reflect current or newly added functionalities. Update email alerts to reflect changes in work processes. Update existing reports as needed or develop new reports. Provide ongoing maintenance for all aspects of the CLIO database, including connections to other HFC databases when necessary.

• Commissioned Arts Collection – Developed as a clone of CLIO, this database manages the inventory of the Commissioned Arts Collection. Ongoing updates to existing database functionality of components and addition of new functionalities when new demands on the program, including new initiatives, processes, products, or special one-time projects, arise. Complete all outstanding components from previous development. Update menus and drop-downs to reflect current or newly added functionalities. Update email alerts to reflect changes in work processes. Update existing reports as needed or develop new reports. Provide ongoing maintenance for all aspects of the database, including connections to other HFC databases when necessary.

• Other Media Development efforts where FileMaker could enhance HAFC business processes.

Administrative/IT (12 Hours):

• Server Administration, Patching, and Troubleshooting – Provide assistance with server updates and upgrades.

Discuss server issues. Provide assistance with group permissions, connectivity, access, availability, and integrity of File Maker databases. Administer the contract.

Travel – Four (4) trips to Harpers Ferry, WV and Charles Town, WV:

• The onsite visits will be Monday through Friday.

• The first visit to HAFC is required to complete the NPS onboarding process, as the Active Directory account can only be activated onsite.

• While work can be done remotely using the DOI’s VPN solution, the work in this contract will be completed as described regardless of the state of the VPN solution. Many HAFC employees work fully remote. We do not anticipate extended problems. However, sometimes errors or issues with the VPN solution arise. If this occurs, some troubleshooting efforts will require the contractor to take his Government-Furnished equipment to an NPS facility. This NPS facility does not necessarily need to be HAFC. Any NPS facility with DOI network connectivity will suffice.

• The contractor will need to keep his government furnished laptop on the VPN, online with the DOI network, as much as possible.

• All Apple Macintosh OS minor version updates or Microsoft Windows monthly critical patch updates will be applied. Windows updates will be applied automatically if the PC is on the VPN. If the PC is not, manual patch application will be needed. Apple Macintosh devices will need to be manually updated to the latest minor OS releases but NOT new major OS releases. The contractor will need to stay informed from the COR for these updates on a regular basis, usually monthly.

• All work not completed remotely via VPN will be completed onsite.

PERIOD OF PERFORMANCE

October 1, 2024 through September 30, 2025

REVIEW AND APPROVAL

Review and approval of the deliverables shall be completed within 30 days. The COR will notify the contractor, in writing, of approval or rejection of the work. In the event the government delays beyond the period specified the contractor shall be entitled to a day-to- day extension in the completion date.

CONTRACT TYPE

This contract is a firm-fixed price contract.

Document No.

140P2124Q0258

TRAVEL

In accordance with Public Law 99-234, "Federal Civilian Employee and Contractor Travel Expense Act of 1985", travel-related expenditures for Contractor's personnel are restricted to the limits established for federal employees. This includes mileage for company-owned vehicles.

The Contractor shall travel as required to support program tasks. All travel arrangements are to be made by the Contractor.

Payment for transportation, per diem, mileage, parking, and other fair and reasonable travel expenses will be paid in accordance with the effective Federal Travel Regulations as amended and supplemented by the Department of the Interior travel regulations where applicable. No Federal travel authorizations are to be issued. The Contractor shall make every effort to keep travel costs to a minimum. No reimbursement will be made for parking at a Contractor's normal place of work. No overhead, profit or G&A shall be allowed on travel costs.

Travel costs shall be reimbursed in accordance with the Federal Travel Regulations. Travel is only funded to the extent specified within the travel CLIN. The contractor shall not incur any travel costs in excess of the amount funded within the travel CLIN. The Government shall not be liable for any travel related costs incurred by the contractor which are in excess of the total amount funded within the travel CLIN.

If the contractor has reason to believe they may exceed the amount funded on the travel CLIN, they shall notify the Government Contracting Office immediately. Additional funding may only be added to the travel CLIN through a formal signed modification issued by a Government Contracting Officer. Profit, fee, G&A or overhead may not be incurred on travel costs.

GOVERNMENT-FURNISHED PROPERTY

The contractor shall be responsible for security and protection of all government-furnished property or materials provided in connection with this contract. Following acceptance of all work by the government, the contractor shall return to the COR all government- furnished property not incorporated into the project.

FACILITY SECURITY POLICY

The places of performance are:

• Interpretive Design Center (IDC) Building, 67 Mather Place, Harpers Ferry, WV 25425

• Willow Springs Building, 31 Maple Tree Drive, Charles Town, WV 25414

Contractors attending meetings or accomplishing work within the buildings or real property of the National Park Service shall adhere to the security policy of each office. It shall be the responsibility of the contractor to attend a briefing on security policies if required by local policy before work begins.

INSPECTION AND ACCEPTANCE

All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer’s Representatives (COR) at any time during performance. If the COR determined that services, work, or materials being furnished do not meet the required standards, the government reserves the right to have the work performed elsewhere, charging the contractor with costs involved, subject to the provisions of FAR 52.249-8.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor, his agents, servants, and employees, and shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of

Document No.

140P2124Q0258 any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two working days of the date the equipment has been lost, stolen, or damaged.

ADDITIONAL WORK

Any additional work not detailed in this contract shall be approved, in writing, by the Contracting Officer via a bilateral modification.

CONTRACT ADMINISTRATION

A. The National Park Service, Contract Specialist / Contracting Officer address is: National Park Service, Harpers Ferry

Center, Office of Acquisition Management, P.O. Box 50, 67 Mather Place, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

B. The National Park Service, COR address is: National Park Service, Harpers Ferry Center, Attention: Jon Schrumpf, P.O. Box 50, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contracting Officer.

List of Attachments

Number Description Number of Pages 1 DI-105ReceiptForProperty* 1 2 DI-1934PropertyPass* 1 3 Pricing Sheet** 1 Tab

*These attachments are not required for the solicitation. Will be completed after contract award.

**This attachment will not be included into the contract.

Document No.

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INSTRUCTIONS TO OFFERORS AND AWARD SELECTION PROCESS

The following provisions apply:

FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial

Services Sep 2023

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services Nov 2021

INSTRUCTIONS TO OFFERORS:

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

All interested parties must be registered in the System for Award Management or SAM at time an offer or quotation is submitted.

The offerors must submit a quote to the Contracting Officer, David Clark via email at david_clark@nps.gov no later than 10:00 am Mountain Time (12:00 pm Eastern Time), on August 14, 2024.

QUOTES SHALL BE IN THE FOLLOWING FORMAT:

• VOLUME I – TECHNICAL CAPABILITY

• VOLUME II – COST/PRICE

All volumes must be separate and complete so that evaluation of one may be accomplished independently of, and concurrent with, evaluation of the other. Pricing details must not appear in any volume except Volume II, Cost/Price. Any price information found outside of the cost/price volume will be redacted prior to evaluation.

All pages exceeded posted page limits will be redacted prior to evaluation.

VOLUME I - TECHNICAL CAPABILITY – Limited to forty (40) pages The technical capability shall contain a cover page with RFQ title, number, and name; and sections corresponding to the sub-criteria below.

Volume I must consist of the following:

1. Cover page as stated above.

2. Filemaker Pro Developer Certifications for proposed personnel working on the contract.

3. FileMaker Platinum Partner Certifications

VOLUME II - COST/PRICE

The Cost/Price must be prepared as a separate package. In order to assist in evaluation, the Government requires that offeror’s respond in accordance with the following guidelines. The Cost/Price volume must contain a cover page with RFQ title, number, and name of your organization.

Volume II must consist of the following:

1. Cover page as stated above.

2. Attachment C, Pricing Sheet must be used to break down all costs and estimated level of effort as necessary.

3. Additional Required Forms: Signed SF 1449 and any SF 30’s (amendments) if applicable.

4. Subcontracts: In those cases where an offeror does not have full in-house capability and anticipates significant use of subcontractors to provide the needed support, the offeror shall provide the same detail concerning the subcontractor who shall perform critical aspects of the work.

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Document No.

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THE COST/PRICE MUST BE SUBMITTED ELECTRONICALLY AS STATED ABOVE.

ACCEPTANCE PERIOD

Because of the time required by the government to evaluate adequately, offerors are requested to specify an acceptance period of not less than 90 Days.

EVALUATION/AWARD SELECTION PROCESS:

The Government intends to make a firm-fixed price purchase order in accordance with FAR Part 13 to the offeror that provides the lowest price offer that meets the technical specifications. The Government may elect to award to a non-lowest price if lower priced quotes are deemed technically unacceptable.

1. Price

2. Technical

All offers will first be checked for compliance, then sorted by price. Offers will then be checked for acceptability, starting with the lowest priced compliant offer.

CLAUSES SECTION

FAR 52.252-2 Clauses Incorporated by Reference Feb 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this www.acquisition.gov/far.

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

Jun 2020

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

FAR 52.204-13 System for Award Management Maintenance Oct 2018 FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 FAR 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment Nov 2021

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 FAR 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services Nov 2023

FAR 52.223-5 Pollution Prevention and Right-to-Know Information May 2024 FAR 52.227-14 Rights in Data – General May 2014 FAR 52.227-17 Rights in Data – Special Works Dec 2007 FAR 52.232-11 Extras Apr 1984 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.232-39 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 FAR 52.245-1 Government Property Sep 2021 FAR 52.253-1 Computer Generated Forms Jan 1991 http://www.acquisition.gov/far

Document No.

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FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services May 2024

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 (Dec 2023) (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) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805note)).

(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. 4655).

☐ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (31 U.S.C. 6101 note).

☒ (11) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ☐ (12) 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).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.657a).

☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved]

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☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020).

☐ (iii) Alternate II (Nov 2011).

☐ (19) (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.

☐ (iii) Alternate II (Mar 2004) of 52.219-7.

☐ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9 ☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). > ☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

☐ (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

☒ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

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

☐ (ii) Alternate I (July 2014) of 52.222-35.

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

☐ (ii) Alternate I (July 2014) of 52.222-36.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39) (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. chapter78 and E.O. 13627).

☐ (40) 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 and commercial services as prescribed in FAR 22.1803.)

☐ (41) (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)).

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (53) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501– 4732), Public Law 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 [Reserved] ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (FEB 2024) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). Will not apply to SAP under SAT ☐ (58) 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.3805).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (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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(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. chapter 67).

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

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

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

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

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

☐ (7) 52.222-55, Minimum Wages 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) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vii) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023)

ALTERNATE I (DEC 2023)

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(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

(xvi) (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 78and E.O 13627).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 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.

DIAR 1452.201-70 Authorities and Delegations Sep 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

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(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

DIAR 1452.228-70 Liability Insurance - Department of the Interior Jul 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer.

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person, $500,000 each occurrence, $100,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

(End…