Solicitation - FA527020R0008.pdf
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- Registered Nurse Private Services Contract Federal contract opportunity
- Solicitation number
- FA527020R0008
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 4 - FAR 52 212-1 Inst to Offerors-Commercial Items.docx | DOCX document | |
| Attachment 3 - PP Questionnaire.docx | DOCX document | |
| Attachment 2 - PP Ref List.docx | DOCX document | |
| Attachment 5 - FAR 52 212-2 Evaluation-Commercial Items.docx | DOCX document | |
| Attachment 1 - PWS Registered Nurse PSC 03 Aug.docx | DOCX document |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
FA527020R0008
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Base Year - Period of Peformance (PoP):
17 Sep 20 - 16 Sep 21 Family Health Clinical Nurse in accordance with (IAW) the terms and conditions outlined in the Performance Work Statement (PWS).
Furthermore, IAW the PWS, the position may be interchangeable with Women's Health Clinical Nurse and the Pediatric's Clinical Nurse if needed.
Product Service Code: Q401 Firm Fixed Price
2,080 Hours
Base Year - Period of Peformance (PoP):
17 Sep 20 - 16 Sep 21 Women's Health Clinical Nurse IAW the terms and conditions outlined in the PWS.
Furthermore, IAW the PWS, the position may be interchangeable with Family Health Clinical Nurse and the Pediatric's Clinical Nurse if needed.
Product Service Code: Q401 Firm Fixed Price
2,080 Hours
Option Line Item
Option Year 1 - PoP: 17 Sep 21 - 16 Sep 22 Family Health Clinical Nurse in accordance with (IAW) the terms and conditions outlined in the Performance Work Statement (PWS). Furthermore, IAW the PWS, the position may be interchangeable with Women's Health Clinical Nurse and the Pediatric's Clinical Nurse if needed.
Product Service Code: Q401 Firm Fixed Price
2,080 Hours
Option Line Item
Option Year 1 - PoP: 17 Sep 21 - 16 Sep 22 Women's Health Clinical Nurse IAW the terms and conditions outlined in the PWS. Furthermore, IAW the PWS, the position may be interchangeable with Family Health Clinical Nurse and the Pediatric's Clinical Nurse if needed.
Product Service Code: Q401 Firm Fixed Price
2,080 Hours
DFARS Clauses Incorporated by Full Text
252.229-7001 Tax Relief. 2020-04
Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:
TAX RELIEF-BASIC (APR 2020)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
NAME OF TAX: ____(Offeror insert) RATE (PERCENTAGE): ____(Offeror insert)
(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
(End of clause)
Description/Specifications/Statement of Work
Requirements 18 MDG Registered Nurse Personal Service Contract
Packaging and Marking
Inspection and Acceptance
0001 Inspection Location Inspection Destination Instructions: Conduct inspections to ensure contractor is meeting requirements specified in PWS.
DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mil@mail.mil
0002 Inspection Location Inspection Destination Instructions: Inspect to ensure contractor is maintaining standards set IAW the PWS.
DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mail@mail.mil
Option Line Item 1001 Inspection Location Inspection Destination Instructions: Inspect to ensure contractor is maintaining standards set IAW the PWS.
DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mil@mail.mil
Option Line Item 1002 Inspection Location Inspection Destination Instructions: Inspect to ensure that the contractor is meeting the standards set IAW the PWS.
DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Email: angela.m.arvizu.mil@mail.mil Telephone: 315-630-4873
Deliveries or Performance
Government Destination
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mil@mail.mil
Period of Performance From
17 SEP 2020
To
16 SEP 2021
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mil@mail.mil
Period of Performance From
17 SEP 2020
To
16 SEP 2021
Option Line Item 1001
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-630-4873 Email: angela.m.arvizu.mil@mail.mil
Period of Performance From
17 SEP 2021
To
16 SEP 2022
Option Line Item 1002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2H4A1 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
18TH MEDICAL SUPPORT SQ SGSLA
AF BPN NO MILSBILLS PROCESSES
UNIT 5268
, APO AP 96368 5268
UNITED STATES
OfficeCode:
Angela Arvizu Telephone: 315-634-4873 Email: angela.m.arvizu.mil@mail.mil
Period of Performance From
17 SEP 2021
To
16 SEP 2022
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
COMBO
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA5270
Admin DoDAAC FA5270
Inspect By DoDAAC N/A
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) F2H4A1
Service Acceptor (DoDAAC) F2H4A1
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
The contract administrator
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Special Contract Requirements
Contract Clauses
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
(AUG 2020)
(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
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 of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(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. 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 FAR 4.2104.
(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.
(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 to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; 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 Contracting Officer for the indefinite delivery contract and the Contracting Officer(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)(1) 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.
(e) Subcontracts. The Contractor shall insert the substance of this clause, this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
As prescribed in 204.2105 (c), use the following clause:
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES (DEC 2019)
Definitions. As used in this clause--
"Covered defense 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) Telecommunications services provided by such entities or using such equipment; or
(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Covered foreign country" means--
(1) The People's Republic of China; or
(2) The Russian Federation.
"Covered missions" means--
(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or
(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.
"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 of 2018 (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. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .
(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Reporting.
(1) In the event the Contractor identifies covered defense 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, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) 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; 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 a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) 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.
(End of clause)
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4 (b), insert the following provision:
REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)
(a) Definition. "Covered DoD official" is defined in the clause at 252.203-7000 , Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
(End of provision)
252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation.
As prescribed in 204.2105 (a), use the following provision:
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION
(DEC 2019)
(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) 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 defense telecommunications equipment or services".
(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.
(End of provision)
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation.
As prescribed in 204.2105 (b), use the following provision:
PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services--Representation, that it "does not provide covered defense 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."
(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services-- Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph
(b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05
52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.
2010-10
52.222-3 Convict Labor. 2003-06 52.222-29 Notification of Visa Denial. 2015-04 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-54 Employment Eligibility Verification. 2015-10 52.223-10 Waste Reduction Program. 2011-05
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
2018-08
52.224-1 Privacy Act Notification. 1984-04 52.228-3 Workers' Compensation Insurance (Defense Base Act). 2014-07 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas. 1984-04 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-18 Availability of Funds. 1984-04 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.242-13 Bankruptcy. 1995-07
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
2020-04
252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06
As prescribed in , insert the following clause:4.1903
BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
. As used in this clause-(a) Definitions means an information system that is owned or operated by a contractor that processes, stores, or Covered contractor information system transmits Federal contract information.
means information, not intended for public release, that is provided by or generated for the Government under Federal contract information a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including Information textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, Information system dissemination, or disposition of information (44 U.S.C. 3502).
means measures or controls that are prescribed to protect information systems.Safeguarding
Safeguarding requirements and procedures.(b)
The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information (1) systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other (i) information systems).
Limit information system access to the types of transactions and functions that authorized users are permitted to execute.(ii)
Verify and control/limit connections to and use of external information systems.(iii)
Control information posted or processed on publicly accessible information systems.(iv)
Identify information system users, processes acting on behalf of users, or devices.(v)
Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational (vi) information systems.
Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(vii)
Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized (viii) individuals.
Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.(ix)
Monitor, control, and protect organizational communications ( ., information transmitted or received by organizational information (x) i.e systems) at the external boundaries and key internal boundaries of the information systems.
Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.(xi)
Identify, report, and correct information and information system flaws in a timely manner.(xii)
Provide protection from malicious code at appropriate locations within organizational information systems.(xiii)
Update malicious code protection mechanisms when new releases are available.(xiv)
Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, (xv) or executed.
This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal (2) Other requirements.
agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (c) Subcontracts.
(including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in (d), insert the following provision:9.104-7
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
The Offeror represents that-(b)
It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)
(End of provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS
(MAR 2020)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, (1) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities ( 2018) (Section 1634 of Pub. L. 115-91).Jul
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2019) (3) Aug (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations ( 2015).(4) Nov
52.233-3, Protest After Award ( 1996) (31 U.S.C. 3553).(5) Aug
52.233-4, Applicable Law for Breach of Contract Claim ( (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(6) Oct 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government ( 2006), with Alternate I ( 1995) (41 U.S.C. 4704 and 10 U.S. X (1) Sept Oct
C. 2402).
52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509)). ____ (2) Oct
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( 2010) (Section 1553 of ____ (3) June
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards ( 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X (4) Oct
[Reserved]. ____ (5)
52.204-14, Service Contract Reporting Requirements ( 2016) (Pub. L. 111-117, section 743 of Div. C). ____ (6) Oct
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts ( 2016) (Pub. L. 111-117, section 743 of ____ (7) Oct
Div. C).
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for X (8)
Debarment. ( 2015) (31 U.S.C. 6101 note).Oct
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters ( 2018) (41 U.S.C. 2313). X (9) Oct
[Reserved]. ____ (10)
____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( 2011) (15 U.S.C.657a).(i) Nov
Alternate I ( 2011) of 52.219-3. ____ (ii) Nov
____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( 2014) (if the offeror elects to (i) Oct waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
Alternate I ( 2011) of 52.219-4. ____ (ii) Jan
[Reserved] ____ (13)
____ (14) 52.219-6, Notice of Total Small Business Set-Aside ( 2011) (15 U.S.C.644).(i) Nov
Alternate I ( 2011). ____ (ii) Nov
Alternate II ( 2011). ____ (iii) Nov
____ (15) 52.219-7, Notice of Partial Small Business Set-Aside ( 2003) (15 U.S.C. 644).(i) June
Alternate I ( 1995) of 52.219-7. ____ (ii) Oct
Alternate II ( 2004) of 52.219-7. ____ (iii) Mar
52.219-8, Utilization of Small Business Concerns ( 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (16) Oct
____ (17) 52.219-9, Small Business Subcontracting Plan ( 2018) (15 U.S.C. 637(d)(4))(i) Aug
Alternate I ( 2016) of 52.219-9. ____ (ii) Nov
Alternate II ( 2016) of 52.219-9. ____ (iii) Nov
Alternate III ( 2016) of 52.219-9. ____ (iv) Nov
Alternate IV (Aug 2018) of 52.219-9 ____ (v)
52.219-13, Notice of Set-Aside of Orders ( 2011) (15 U.S.C. 644(r)). ____ (18) Nov
52.219-14, Limitations on Subcontracting ( 2017) (15 U.S.C.637(a)(14)). ____ (19) Jan
52.219-16, Liquidated Damages-Subcontracting Plan ( 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (20) Jan
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( (15 U.S.C. 657f). ____ (21) Oct 2019)
52.219-28, Post Award Small Business Program Rerepresentation ( 2013) (15 U.S.C. 632(a)(2)). ____ (22) Jul
52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)
Concerns ( 2015) (15 U.S.C. 637(m)).Dec
52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)
Owned Small Business Program ( 2015) (15 U.S.C. 637(m)).Dec
52.222-3, Convict Labor ( 2003) (E.O.11755). ____ (25) June
(E.O.13126). ____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)
52.222-21, Prohibition of Segregated Facilities ( 2015). X (27) Apr
X (28) 52.222-26, Equal Opportunity ( 2016) (E.O.11246).(i) Sept
Alternate I ( 1999) of 52.222-26. ____ (ii) Feb
X (29) 52.222-35, Equal Opportunity for Veterans ( 2015) (38 U.S.C. 4212).(i) Oct
Alternate I ( 2014) of 52.222-35. ____ (ii) July
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(i) Jul
Alternate I (July 2014) of 52.222-36. ____ (ii)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). X (31) Feb 2016
52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). ____ (32) Dec
X (33) 52.222-50, Combating Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O. 13627).(i) Jan
Alternate I ( 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X (ii) Mar
52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of ____ (34) Oct 2015 commercially available off-the-shelf items or certain…
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