Solicitation Attachment.pdf

70Z04024QALDV0001

ADDENDUM TO STANDARD FORM 1449

SCHEDULE OF SUPPLIES/SERVICES

BACKGROUND

The U.S. Coast Guard's Surface Forces Logistics Center (SFLC) is the centralized inventory source of parts, equipment, and materials for Coast Guard assets worldwide. A crucial part of SFLC's mission is to ensure materials, parts, gear, and equipment (inventory) are adequately packaged in wood crates, when required, prior to acceptance at receiving and prior to shipment to domestic and overseas locations from the Inventory Control Point (ICP). The ICP has no dedicated team to support wood crate construction in accordance with applicable ASTM specifications.

TYPE OF CONTRACT

The solicitation will result in the award of one (1) fixed price Requirements contract, consisting of one (1) 12-month base period and two (2) 12-month options period. Requirements contract is defined in Federal Acquisition Regulation (FAR) Clause 52.216-21, Requirements, as stated on page 17.

ORDERING

a. All supplies and services shall be ordered by the issuance of individual delivery orders. Refer to FAR Clause 52.216-18, Ordering, as stated on page 16.

b. Any Coast Guard warranted Contracting Officer is authorized to issue orders under this contract.

QUANTITIES

The quantities shown for all CLINS reflect estimated quantities only.

WAGE RATE DETERMINATION

Wage Rate Determination Number 2015-4265, Revision 26, dated 04/04/2024, is applicable to all services provided under this contract.

SCHEDULE OF SUPPLIES and/or SERVICES

BASE YEAR:

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

0001 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 4 x 4 x 4-ft, <200-lbs]

60 Each

0002 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<lK-lbs

66 Each

0003 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <2K-lbs

56 Each

0004 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<4K-lbs

45 Each

0005 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<6K-lbs

30 Each

0006 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<8K-lbs

15 Each

0007 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft, <10K-lbs

08 Each

0008 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <15K-lbs

04 Each

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

0009 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <20K-lbs

01 Each

0010 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <25K-lbs

01 Each

0011 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <30K-lbs

01 Each

0012 Crate exterior stenciling – in accordance with the Statement of Work. (Attachment 1)

328 Each

0013 Services at SFLC ICP– Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

126 Job

0014 Services at SALC ICP – Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

164 Job

NOTE: The United States Government shall not be held liable for any contractor unused material expenses in support of this contract.

OPTION YEAR ONE:

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

1001 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 4 x 4 x 4-ft, <200-lbs]

60 Each

1002 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<lK-lbs

66 Each

1003 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <2K-lbs

56 Each

1004 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<4K-lbs

45 Each

1005 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<6K-lbs

30 Each

1006 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<8K-lbs

15 Each

1007 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft, <10K-lbs

08 Each

1008 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

1009 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <20K-lbs

01 Each

1010 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <25K-lbs

01 Each

1011 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <30K-lbs

01 Each

1012 Crate exterior stenciling – in accordance with the Statement of Work. (Attachment 1)

328 Each

1013 Services at SFLC ICP– Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

126 Job

1014 Services at SALC ICP – Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

164 Job

OPTION YEAR TWO:

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

2001 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 4 x 4 x 4-ft, <200-lbs]

60 Each

2002 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<lK-lbs

66 Each

2003 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <2K-lbs

56 Each

2004 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<4K-lbs

45 Each

2005 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<6K-lbs

30 Each

2006 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft<8K-lbs

15 Each

2007 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x 10-ft, <10K-lbs

08 Each

2008 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

CLIN DESCRIPTION EST. QTY UNIT PRICE TOTAL PRICE

2009 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <20K-lbs

01 Each

2010 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <25K-lbs

01 Each

2011 Wood Crate to be manufactured in accordance with the Statement of Work.

(Attachment 1) size:

NTE 30 x 9 x I 0-ft <30K-lbs

01 Each

2012 Crate exterior stenciling – in accordance with the Statement of Work. (Attachment 1)

328 Each

2013 Services at SFLC ICP– Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

126 Job

2014 Services at SALC ICP – Contractor shall provide services in accordance with the Statement of Work (Attachment 1).

164 Job

DELIVERIES OR PERFORMANCE

PRESERVATION, PACKAGING, AND MARKING

Each crate delivered under this contract shall be constructed and marked in accordance with the statement of work. All crates delivered shall be suitable for handling with a forklift truck or crane. Any loose components intended for use during or after shipment shall be packaged together, labeled for their intended use, and packaged within the equipment unit container.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that clearly identifies all contents within the container including item name, contract number, delivery order number, quantity, and unit of issue.

NOTE

Failure to deliver any crate, and/or mark all crates, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

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 www.acquisition.gov.

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY. TIMEFRAME

0001 thru 0012 and each option year CLIN.

Delivery of Crate/s As Required 30 days ARO.

0013 thru 0014 And each option year CLIN.

Services at delivery As Required To be determined

The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFERORS PROPOSED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY. TIMEFRAME

0001 thru 0012 and each option year CLIN.

Delivery of Crate/s As Required ___ calendar days ARO

0013 thru 0014 and each option year CLIN.

Services at delivery As Required To be Determined.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer electronically mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will electronically mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery days for delivery of the award through the ordinary mails or based on the Contractor’s date of receipt of the contract or notice of award by adding.

(1) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

PLACE OF DELIVERY – DESTINATION

(a) SFLC ICP is located at Bldg. 88, CG Yard, 2401 Hawkins Point Road, Baltimore, MD 21226

(b) SALC is located at 771 E Ordnance Road, Baltimore, MD 21226

NOTE: delivery hours are Monday-Friday, excluding Federal holidays, during the hours of 7:00 AM to 1:00

PM.

INSPECTION AND ACCEPTANCE

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 www.acquisition.gov.

NUMBER TITLE DATE

52.246-16 Responsibility for Supplies APR 1984

U.S. COAST GUARD INSPECTION AND ACCEPTANCE (DESTINATION)

The Contractor shall be responsible for the performance of all inspection requirements. Final inspection and acceptance shall be contingent upon verification of no damage in transit and, correctness and completeness of the order.

FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________

Signature: _____________________________________

Title: _________________________________________

NOTE: A copy of this certificate shall be forwarded to the Contracting Officer.

CONTRACT ADMINISTRATION DATA

INVOICE SUBMISSION PROCESS

ALL invoices MUST be submitted in IPP.

TREASURY INVOICE PROCESSING PLATFORM(IPP)

SUBMIT INVOICE AT HTTPS://WWW.IPP.GOV

CUSTOMER SERVICE 866 973 3131

IPPCUSTOMERSUPPORT@FISCAL.TREASURY.GOV

ALC Code: 70060000

Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions -

(1) "Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor shall include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

Each invoice shall contain the following information to ensure proper processing:

Name and address of the Contractor (the name on the invoice must match the name on the delivery/task order)

Contract Number, Delivery/Task Order Number Invoice Number and Invoice Date Contract Line-Item Number(s) Description of supplies delivered, or services performed.

Period of performance if billing for services Terms of any discount for prompt payment, if offered Name and address of official to who payment is to be sent.

Name, title, phone number, and email address of person to notify in event of defective invoice.

Taxpayer Identification Number Unique Entity Identification Number (UEI) number.

Name of the Contract Specialist and/or Contracting Officer’s Indicate Small Business Status Notification of final invoice, if applicable

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received on the latter of:

a. For invoices electronically transmitted by the contractor via web-based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

b. The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

i. The agency has accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

ii. A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

c. On the date placed on the invoice by the contractor, if/when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

d. On the date of delivery, if/when the contract specifies that the delivery ticket may serve as an invoice.

Web based submission by the Contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. For inquiries and payment status please visit: www.ipp.gov

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

Name:

Title:

Address:

Telephone Number:

Email Address:

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person, other than the Contracting Officer, will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change, at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A Government employee may designate, in writing, by the Contracting Officer to act as a technical advisor for the Contracting Officer for services/items within the scope of the contract. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR and the authorities and limitations of the COR under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

CONTRACTOR PERFORMANCE EVALUATION

(A) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(B) NOTIFICATION: Upon completion of the contract, the Contractor will be notified of the assessment.

The Contractor may be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The Contractor’s response, if any, will be made part of the CPAR system at https://www.cpars.gov/index.htm.

(C) INFORMATION: Information included in the CPAR may include, but is not limited to, the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s record of forecasting and controlling costs; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the Contractor’s record of integrity and business ethics, and generally, the Contractor’s business-like concern for the interest of the customer.

(D) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the Contractor.

PRIME CONTRACTOR REPRESENTATIVE:

Name: __________________________ Email: __________________________ Telephone: ______________________

ALTERNATE CONTRACTOR REPRESENTATIVE:

Name: __________________________ Email: __________________________ Telephone: ______________________

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS (NOV 2023)

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 www.acquisition.gov.

NUMBER TITLE DATE

52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payment to Influence Certain Federal

Transactions JUN 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors MAR 2023

ADDITIONAL TERMS AND CONDITIONS

CONTRACT APPROVAL

This contract is subject to the written approval of the C&P3 Section Chief, U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, and shall not be binding until so approved.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

E NTITIES (DEVIATION 20-05)

(a) Definitions. As used in this clause

"Covered article" means any hardware, software, or service that

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

"Covered entity" means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub.

L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c) (1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05)

(a) Definitions. As used in this clause

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(l)(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through a period of thirty-six months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of one year from the effective award date; or the last day of any subsequent option periods, if exercised by the government.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of the estimated quantities identified in the Schedule.

(2) Any order for a combination of items in excess of the estimated quantities identified in the Schedule.

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirements exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 – REQUIREMENTS (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after eighteen (18) months after the contract expiration date.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor thirty (30) calendar days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(b) (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty-six (36) months.

FAR 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)(DHS-USCG DEVIATION

14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

Provisions.

__X__ 3052.209-72 Organizational Conflicts of Interest.

Clauses.

__X__ 3052.204-71 Contractor Employee Access.

_____ Alternate I __X__ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

__X 3052.215-70 Key Personnel or Facilities.

__X_ 3052.242-72 Contracting Officer’s Technical Representative __X_ 3052.247-72 F.O.B. Destination Only.

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN

2006)

(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this provision, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this provision:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

_ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108–7000 through 3009.108–7003;

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108–7000 through 3009.108–7003, but it has submitted a request for waiver pursuant to 3009.108–7004, which has not been denied; or

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108–7000 through 3009.108–7003, but it plans to submit a request for waiver pursuant to 3009.108–7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTESOR EXECUTIVE ORDERS-COMMERCIAL ITEM (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 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:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (15)(i) 52.219-7, Notice of…