Sol_140P2125R0063.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number 140P2125R0063 is issued as a Request for Proposal (RFP) which constitutes the entire solicitation. Proposals with detailed breakdown are being requested. This acquisition will be conducted pursuant to FAR Part 13. This solicitation document incorporates all mandatory commercial item provisions and clauses in effect through Federal Acquisition Circular 2025-04, effective June 11th, 2025. This is a total small business set-aside. The North American Industry Classification System (NAICS) code is 541511, Custom Computer Programming Services, and the related small business size standard is $34M.

The Government anticipates award of one (1), firm-fixed price contract.

REQUIREMENT: The contract shall provide two hundred twenty (220) hours of technical support at a minimum and comprehensive reports for the following FileMaker Pro databases. The databases are independent of one another and perform separate functions.

Due to space limitations, the complete commercial item specifications are contained in Solicitation Number 140P2125R0063. Interested contractors should download this document. The National Park Service is not responsible for locating or securing any information that is not identified in the proposal.

The following Federal Acquisition Regulation (FAR) clauses and provisions are applicable to this announcement and are available at www.acquisition.gov.

52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation-Commercial Items;

52.212-3 Offeror Representations and Certifications-Commercial Items; 52.212-4 Contract Terms and Conditions-Commercial Items; 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items; 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1 Government Property.

Technical questions shall be sent via email to tavis_salas@nps.gov by 12:00 pm ET, on August 11th, 2025. Questions submitted using any other method will not be entertained. The Point of Contact for this requirement is Tavis Salas, Contracting Officer. Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement, may automatically be excluded from competition.

All proposal information shall be submitted for receipt no later than 12:00 pm ET, on September 1st, 2025. Offerors are hereby notified that if your proposal is not received by the date/time and at the location specified in this announcement, that it will be considered late. The proposal shall be submitted electronically via email to tavis_salas@nps.gov with the subject line clearly identifying “Solicitation Number 140P2125R0063 – “HAFC – FileMaker Support Services.” Offers by telephone, transmitted via facsimile (fax), or submitted using any other method will not be accepted.

All contractors must be registered in www.SAM.gov to be considered eligible for award.

http://www.sam.gov/ http://www.sam.gov/

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

0011283480 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

09/01/2025 1200 ED

08/01/2025

2409975826Tavis Salas (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2125R0063

5. SOLICITATION NUMBER

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

1 52 0044017951OFFEROR 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.

The contract shall provide two hundred twenty

(220) hours of technical support at a minimum and comprehensive reports for the following FileMaker Pro databases. The databases are independent of one another and perform separate functions.

Delivery: 09/30/2026 Period of Performance: 10/01/2025 to 09/30/2026

00010 Data Dictionary Reports Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tavis Salas

. 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.

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

00020 Technical Support and Licenses

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

00030 Travel

Product/Service Code: DA01

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SUPPORT SERVICES (LABOR)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

RFP 140P2125R0063

SCOPE OF WORK

HAFC CLARIS FILEMAKER SERVER SUPPORT, DEVELOPMENT, & INVENTORY

1. BACKGROUND & PURPOSE

The responsibility of the Department of the Interior (DOI), 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.

Currently, HAFC maintains several Claris FileMaker databases hosted on FileMaker Server.

These applications represent many independent initiatives created by HAFC personnel over the span of about twenty years. Unfortunately, there is a lack of centralized knowledge management (KM) regarding these applications, their structures, and their functions. The expertise often resides solely with the individual owner and in some cases with personnel no longer with HAFC.

The purpose of this contract is the following:

First, to acquire FileMaker Platinum Partners as contractors to provide technical support for the hosted applications and to provide technical support to HAFC IT, keeping the FileMaker Server and applications patched and functioning. This includes renewing the existing annual FileMaker licenses when they come due. The two licenses are for user count and concurrent connections.

Second, produce reports for each production application. The purpose of these reports will be to centralize the KM of HAFC’s FileMaker applications. These reports have two primary audiences, HAFC leadership and technical developers.

2. SCOPE & OBJECTIVES

The contract shall provide two hundred twenty (220) hours of technical support at a minimum and comprehensive reports for the following FileMaker Pro databases. The databases are independent of one another and perform separate functions.

The HAFC FileMaker Server is currently version 21. Some applications do have standalone functionality off of the server on client desktops.

2.1 Wayside Planner

Main tool to create the Wayside Exhibit proposal document which includes over 35 datapoints on the creation and production of wayside exhibits. Reports include cost estimates, panel and back order, and location lists. Each project is a separate file of the same database template. Database is used by NPS and contractors.

2.2 Museum Exhibit Planner

Is the main content management system for NPS Visitor Center Exhibit projects. Each project is a separate file of the same database template, tracks graphic licenses, exhibit text, objects, custom elements including AV, models, and illustrations. Database is used by NPS and contractors.

2.3 Publications Operations

Management of all NPS Unigrid Publications operations from planning and design to printing, project lifecycle and review to project history. All projects are maintained in one operations application consisting of many connected databases instead of relational tables due to its age.

2.4 CLIO Object Conversation

The Conservation Labs Inventory of Objects (CLIO) database is the primary tool for tracking all museum objects that come to Harpers Ferry Center for conservation treatment, exhibit preparation, or study. It holds catalog information, object locations, and park ownership information. CLIO is also used for project management of all conservation projects, tracking them through all stages from their inception to completion. CLIO also creates asset barcodes for printing and scanning during the lifecycle of the object. All project cost estimates, and direct charge authorizations are generated directly from CLIO, and it is used for creating conservation treatment proposals and treatment reports, as well.

2.5 Media Cost Estimator

Creates and maintains all NPS media cost estimates (wayside, exhibits, signs, AV, and historic furnishings). Includes media calculators and cost estimating reporting functions.

Also includes data import functions for project lifecycle costs to compare estimates with actuals. All estimates are maintained in one database hosted on the FileMaker Pro Server.

2.6 Commissioned Art Collection (CMS)

Records and tracks condition, treatment, metadata, contract and research files, and storage locations of over 12,000 pieces of physical NPS art.

2.7 Audio/Visual Inventory and Productions (2)

Records and tracks Media Development AV Productions.

2.8 Conservation and Historic Furnishings (2)

Records and tracks Willow Springs conservation efforts.

3. REPORTS

Delivering reports will constitute CLIN 0010.

To allow HAFC the most freedom moving forward, the reports must provide enough specificity to allow database application developers the ability to recreate the applications into any potential solution, not merely limited to FileMaker. DOI reserves the right to mandate the adoption of enterprise solutions. If exercised, HAFC will potentially need the reports to facilitate a migration to another platform as dictated by DOI.

The reports will conclude with recommendations on recreating the application, leveraging the expertise of the contractor. Inherent FileMaker features and functions within the applications must specify counterparts within other popular platforms, especially Microsoft Dataverse and Power Apps.

The reports shall document each applications’ functions beginning from a general overview written in plain language, evolving into technical details, and concluding with recommendations for improvements, general database platform compatibility, and/or inherent problems or restrictions with current databases’ ability to transfer to another platform.

The technical details will outline the data dictionaries of the applications. The reports shall include listing all (where applicable):

1. Tables

2. Fields/Columns

3. Relationships/Primary-Foreign Keys

4. Scripts

5. Calculations

6. Other custom values

7. Metadata.

8. Reports (Designed to be Printed or exported) and Layouts

Technical details within the report can utilize both text and graphical representations.

The reports shall conclude with contractor recommendations to improve the application where possible. Additionally, the conclusions will specify recommendations for ensuring the application’s cross-platform compatibility. DOI may mandate the migration to an enterprise solution. The composition of the report will aid in this effort should it occur.

To facilitate these reports, the contractor will perform knowledge management interviews with all FileMaker stakeholders. HAFC consists of five (5) major program areas and approximately nine (9) major, active applications.

TECHNICAL SUPPORT

Technical support billing and FileMaker license renewals will constitute CLIN 0020.

The contractor will meet with various HAFC personnel to troubleshoot applications, both in-person and virtually on Microsoft Teams. The contractor will keep the Contracting Officer Representative (COR) updated and apprised of all troubleshooting work. The functional stakeholders will only identify deficiencies within the application but will not be authorized to direct work for the contractor.

Any potential deficiencies or concerns need to be addressed during contract solicitation.

Work sessions will last throughout the year for the duration of the contract.

For technical maintenance of existing applications, the contractor will be available during HAFC business hours for troubleshooting.

PERIOD OF PERFORMANCE

The NPS anticipates a period of performance starting October 1, 2025, and ending September 30, 2026, including final review and approval.

TRAVEL

Travel costs will constitute CLIN 0030.

Work can be done remotely once the DOI/NPS account for the contractor is properly setup and initial interviews with FileMaker stakeholders to gather initial information are accomplished on on-site. The contractor shall make three (3) onsite visits throughout the period of performance.

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

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

• Harpers Ferry Center Museum Conservation Services, Willow Springs Building, 31 Maple

Tree Dr., Charles Town, WV 25414.

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

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

DOI/NPS.

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.

INSPECTION AND ACCEPTANCE

All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer's Representative (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.

PROJECT MANAGEMENT

1. Meetings: The contractor shall participate in an initial contract post-award meeting to review contract requirements and meetings to discuss technical issues and or meetings to support reports. The Contractor will perform work both on-site and off-site using the DOI VPN solution. Initial onboarding into the DOI/NPS network must be performed on-site. This onsite visit will establish the GFE, contractor’s DOI/NPS account, and enable the kickoff meeting with the COR, HAFC IT, and all HAFC FileMaker stakeholders. These onsite visits will be coordinated in advance and up to three (3) total visits.

2. Report Stages: Contractor shall provide an initial report outline to verify and confirm format and contents. Once approved the contractor shall finalize the first report, before continuing with the remaining reports. Initial report will be chosen during discussion at the kickoff meeting.

3. Support and Reports: Support begins day one of contract and continues until hours are completed. Support times run independently of report schedule and deliverables.

DELIVERABLES

Report narratives shall be provided in editable document formats like Microsoft Word, Excel, or PowerPoint. Additional formats maybe proposed if they offer advantages for future database migrations.

Deliverables shall consist of all finalized reports for each of database applications.

The contractor shall propose report schedule within the contract performance date. Schedule shall take in account availability of HAFC personnel and payment schedule.

REVIEW AND APPROVAL

Review and approval of the deliverables shall typically be completed within fifteen (15) business days. The COR shall notify the contractor, in writing, of approval or rejection of the work.

PAYMENT SCHEDULE

The CLIN allotted to the report deliverables will begin with the contractor composing an initial report for one (1) application and submitting a draft report to the COR for feedback. The COR will verify the initial report meets the expectations of HAFC. The contractor shall then compose and submit a final report. HAFC must formally accept delivery of the final report.

A. Completion and acceptance Initial Report Outline $*** B. Completion and acceptance Final Initial Report $*** C. Completion and acceptance of Remaining Report Drafts $*** D. Completion and acceptance of Final Remaining Reports $*** E. Monthly payment of Support hours until completed $***

PROJECT TOTAL: $______________

ATTACHMENTS

The following listed documents are attached and incorporated into this contract.

Attachment A: HostApps.docx

Attachment B: Pricing Sheet.xlsx

INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: none

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment.

The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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.

(End of Local Clause)

ADDITIONAL WORK

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

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 any suit or action https://www.ipp.gov/ https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov 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.

CONTRACT ADMINISTRATION

A. The National Park Service, Contract 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: COR 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.

FACILITY SECURITY POLICY

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 contact the office before work begins for a briefing on security policies.

CLAUSES SECTION

CLAUSES INCORPORATED BY REFERENCE

CLAUSE TITLE DATE

52.203-13 Contractor Code of Business Ethics and Conduct, Alt I Nov 2021 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services Nov 2023

52.227-17 Rights in Data – Special Works Dec 2007 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition.

This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted.

A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause.

For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (Jan 2025) DEVIATION FEB 2025

(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 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. 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. 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

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

_X_ (4) 52.203-17, 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).

_X_ (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).

_X_ (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) (Pub. L. 115– 390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (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).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 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] _X_ (18) (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.

__ (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.

__ (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)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C.

657f).

_X_ (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. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) _X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 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 (Jul 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 (Jul 2014) of 52.222-36.

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X_ (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. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (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.)

__ (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)). (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (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 (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

(E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 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).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

(41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

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

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

U.S.C. chapter 67).

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

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance,…