Sol_140P3022Q0094.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

UNIQUE ENTITY IDENTIFER

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 3

08/09/2022

NPS, NCR - Regional Contracting Acquisition Management Division 1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

NPS, NCR - Regional Contracting Acquisition Management Division 1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

336320

% FOR:X

PCR

1,000

140P3022Q0094

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

Delivery: 09/14/2023

Delivery Location Code: 0009060186

NPS, National Capital Region

1100 Ohio Drive, SW

Washington DC 20242 US

Period of Performance: 09/14/2022 to 09/14/2023

Continued ...

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

Kathleen Waits

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

COPIES TO

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

3 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

NPS, NCR - Regional Contracting Acquisition Management Division 1100 Ohio Drive SW Contracting Anne Washington DC 20242-0001

PCR

140P3022Q0094

STANDARD FORM 1447 (REV. 8/2016) BACK

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

(D)

UNIT

(E)

UNIT PRICE

(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P3022Q0094

00010 MDT Docking Stations Service and Supply 51 EA

Product/Service Code: N023

Product/Service Description: INSTALLATION OF

EQUIPMENT- GROUND EFFECT VEHICLES, MOTOR

VEHICLES, TRAILERS, AND CYCLES

Early delivery is acceptable at no additional cost to the Government

NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

REFERENCE: FAR 12.603, 13.105

Mobil Data Terminal (MDT) Docking Stations:

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

(ii) The solicitation number for this requirement is 1403022Q0094 and is issued as a request for quotation (RFQ) under the authority of FAR 13.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 – Effective May 26, 2022.

(iv) This acquisition is subject to a small business set-aside. The associated NAICS code is 336320 and small business size standard for this NAICS code is 1,000 employees.

(v) The Schedule of Items applicable to this acquisition provides a list of contract line item numbers, items, quantities, and units of measure. The pricing portions of this Schedule of Items should be filled out and submitted as part of any quote submitted in response to this combined synopsis/solicitation.

Nomenclature QTY/UI COST

CLIN 00010

Supply and Installation of Mobile Data Terminal (MDT) Docking Stations 51 EA

(vi) The United States Park Police (USPP) is interested in purchasing a turn-key solution for the supply and installation of Mobile Data Terminal (MDT) docking stations. The supply and installation of charge guard and the wiring of MDT docking stations and charge guards to provide power to the MDT docking station while a vehicle laptop is docked and in use. The United States Park Police (USPP) is one of the oldest uniformed federal law enforcement agencies in the United States. It functions as a full-service law enforcement agency with responsibilities and jurisdiction in National Park Service areas primarily located in the Washington, D.C., San Francisco, and New York City areas and certain other Government lands. In addition to performing the normal crime prevention, investigation, and apprehension functions of an urban police force, the USPP is also responsible for 1st amendment activity support. During many 1st amendment support activities, the requirement for safe mass detainee transport is a requirement.

(vii) The work to be performed under this contract shall be performed at the contractor’s facilities. The contractor’s facilities shall be in the conterminous United States of America (COUNUS) located within fifty (50) road miles of the government addresses listed below.

The Contractor’s facility shall be authorized by automotive and approved Original Equipment Manufacturers (OEMs) to provide emergency equipment (upfit), supply and installation, with supporting certifications or equivalent authorizations.

The Contractor shall disclose the location of its place of performance to the Government prior to the award of this contract. The Government will be responsible for transporting the vehicles to and from the Contractor’s facility.

The Contractor’s facility shall be located within fifty (50) road miles of each Government facility listed below:

https://acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488

USPP Headquarters 1100 Ohio Drive, SW Washington, DC 20024

This location has thirty-three (33) vehicles that require MDT docking stations, auto power supply/adapters, charge guards and electrical wiring.

USPP New York Field Office 210 New York Ave Staten Island, NY 10305

This location has nine (9) vehicles that require MDT docking stations, auto power supply/adapters, charge guards and electrical wiring.

USPP San Francisco Field Office 1217 Ralston Ave San Francisco, CA 94129 This location has nine (9) vehicles that require MDT docking stations, auto power supply/adapters, charge guards and electrical wiring.

Working in a Federal building or Federally controlled indoor workspaces:

In order to take steps to prevent the spread of COVID-19 and to protect the health and safety of all Federal employees, onsite contractors, visitors to Federal buildings or Federally controlled indoor workspaces, and other individuals interacting with the Federal workforce, employees under the subject contract who are required to work on site in Federal buildings or Federally controlled indoor worksites must comply with requirements located at https://www.saferfederalworkforce.gov/overview/.

(viii) The provision at 52.212-1, Instructions to Offerors—Commercial Items (SEP 2021), applies to this acquisition. The following addendum incorporates these additional provisions:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017 Confidentiality Agreements or Statements – Representation

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.223-1 Biobased Product Certification MAY 2012 52.229-11 tax on Certain Foreign Procurements – Notice and Representation JUN 2020

FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in https://gcc02.safelinks.protection.outlook.com/?url=https://www.saferfederalworkforce.gov/overview/&data=05%7C01%7Cstephanie_cliett@nps.gov%7C26b9b308665f49ea38bc08da48dc1f79%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637902407500509186%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0=%7C3000%7C%7C%7C&sdata=MWW/vrTiz4oFejh/VsSgOHP9VKGCk8w+tVtNJ4NaI2c=&reserved=0 https://acquisition.gov/far/current/html/52_212_213.html#wp1179124 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

(ix) The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. The following is the specific evaluation criteria to be included in paragraph a:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as

1. Technical Capability: The capability of the offeror to meet the performance objectives listed below:

a. The contractor shall supply Mobile Data Terminal (MDT) docking stations to the government.

b. The contractor shall install Mobile Data Terminal (MDT) docking stations in government owned motor vehicles.

c. The contractor shall supply auto power supply/adapters for each Mobile Data Terminal

(MDT) docking station.

d. The contractor shall install auto power supply/adapters for each Mobile Data Terminal

(MDT) docking station in each government owned vehicle.

e. The contractor shall supply charge guards for each Mobile Data Terminal (MDT) docking station.

f. The contractor shall install charge guards for each Mobile Data Terminal (MDT) docking station.

g. The contractor shall provide all electrical wiring, electrical wiring components, and any electrical wiring materials required to successfully install and provide power to each Mobile Data Terminal (MDT) docking station.

h. The contractor shall provide power to the Mobile Data Terminal (MDT) docking station with electrical wiring and the assembly of all components to provide a fully functioning Mobile Data Terminal (MDT) docking station capable of providing power to a vehicle’s laptop while in use.

i. The contractor shall test all fully assembled Mobile Data Terminal (MDT) docking stations to ensure all properly function and can be used to safely supply power to a vehicle’s laptop while in use.

j. The government shall provide fully upfitted police use motor vehicles with Mobile Data Terminal (MDT) mounts, universal vertical bases, upper poles, and locking slide arms.

2. Past Performance: These criteria will include, but may not be limited to, the evaluation of past performance information available to the Contracting Officer.

https://acquisition.gov/far/current/html/52_212_213.html#wp1179178

3. Price:

The Government will evaluate each offeror's proposed prices submitted for reasonableness as discussed in the following paragraph (i). Offerors are reminded that in order to maintain evaluable pricing, the Government will not accept “Not Separately Priced (NSP),” No Charge (NC), $0, etc. on any line items other than any already designated as “NSP” in the Schedule. The Government will calculate a Total Evaluated Price (TEP) for each offeror’s proposed prices in accordance with paragraph (ii) below.

(i) Reasonableness: The existence of adequate price competition is expected to support a determination of reasonableness. Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained and/or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

(ii) Total Evaluated Price: A total evaluated price will be calculated, as shown on the bid sheet, based on the total price proposed for the basic requirements (basic award) and all options.

Award will be made to the offeror with the lowest TEP who passes Technical.

Technical and past performance, when combined, are significantly less important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of Provision)

(x) Quoters must electronically complete FAR provision 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services (MAY 2022), at www.SAM.gov before submitting the quote.

Quoter must confirm in the Quoter Questionnaire (see Solicitation Attachment 1) that quoter has electronically completed the provision FAR 52.212-3, the annual representations and certifications, at www.SAM.gov. The complete provision can be found at https://www.acquisition.gov/far/loadmainre.html.

(xi) The clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions – Commercial Products and Commercial Services (MAY 2022), applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

- 52.203-6 – Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

- 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

- 52.209-6 – Protecting the Governments Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/loadmainre.html https://acquisition.gov/far/current/html/52_212_213.html#wp1179465 https://acquisition.gov/far/current/html/52_212_213.html#wp1203358

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

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

- 52.219-13 - Notice of Set-Aside of Orders (SEP 2021) (15 U.S.C. 644(r)).

- 52.219-28 – Post Award Small Business Program Representation (SEP 2021)

- 52.219-33 - Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

- 52.222-3 – Convict Labor (JUN 2003)

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

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

- 52.222-26 – Equal Opportunity (SEP 2016)

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

- 52.222-36 – Equal Opportunity for Workers With Disabilities (JUN 2020)

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

- 52.222-40 – Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

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

- 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

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

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

- 52.232-33 – Payment by Electronic Funds Transfer0System for Award Management (OCT 2018)

(xiii) The following additional contract requirements and terms and conditions apply to this acquisition:

- 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

- 52.204-18 – Commercial and Government Entity Code Maintenance (Aug 2020)

- 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014)

- 52.232-2 – Affirmative Procurement of Bio-based Products Under Service and Construction Contracts

(Sep 2013)

- 52.229-12 – Tax on Certain Foreign Procurements (Feb 2021)

- 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

- 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

- 52.245-1 – Government Property

- 52.245-9 - Use and Charges

FAR 52.219-14 – LIMITATIONS ON SUBCONTRACTING (SEP 2021)(DEVIATION SEP 2021)

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

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

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

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

(c) Applicability. This clause applies only to—

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

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

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

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

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

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

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

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

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

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

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

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

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

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.] _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

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:

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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 Boston (FRBB) 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 ippgroup@bos.frb.org 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 Local Clause)

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.

http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

(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.

(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 Local Clause)

(xiv) N/A

(xv) Quotes must be delivered by September 7, 2022 at 5:00pm EST via email to Kathleen Waits, kathleen_waits@nps.gov.

(xvi) All correspondence regarding this solicitation must be sent in writing to Kathleen Waits, kathleen_waits@nps.gov mailto:kathleen_waits@nps.gov mailto:kathleen_waits@nps.gov