Solicitation - FA558720Q0010.pdf

FA558720Q0010

Combined Synopsis/Solicitation

FA558720Q0010

RAF Mildehall Laundry Re-Acq Combined/Synopsis Solicitation

IAW FAR 12.603

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposals (RFP), in accordance with FAR Parts 12 and 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-05, effective 6 May 2020.

Solicitation number: FA558720Q0010 North American Industry Classification System Code (NAICS): 812332 Size standard: N/A Type of set-aside: N/A

The Contractor shall provide all personnel and services necessary to provide hospitality laundering service to RAF Mildenhall 100th FS. This service encompasses the pickup of soiled laundry, washing or dry cleaning at the contractor's facility, and return of cleaned, dried, pressed, and packaged laundry IAW the Performance Work Statement (PWS) dated 07 February 2020. See 1449 for CLIN structure, description of requirements and periods of performance.

Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Addendum to 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. See 1449 for Instructions.

Provision 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

Addendum to 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition.

See 1449 for evaluation process.

Provision 52.212-3 Alternate I, Offeror Representations and Certifications – Commercial Items, or a cage code proving an active System for Award Management registration, shall be submitted with all offers.

Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items applies to this acquisition

Proposals must be received no later than 03:30 PM Greenwich Mean Time (GMT), 12 November 2020 via email to the 48th Contracting Squadron, Cymoril O’Neill at cymoril.oneill@us.af.mil and Julie Idleman at julie.idleman@us.af.mil mailto:julie.idleman@us.af.mil

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

CDC & DFAC FY21 RAFM - PoP: 1 Dec 20 - 30 Nov 21 Firm Fixed Price

12 Months

Galaxy Club FY21 RAFM - PoP: 1 Dec 20

- 30 Nov 21 Firm Fixed Price

12 Months

Lodging FY21 RAFM - PoP: 1 Dec 20 - 30 Nov 21 Firm Fixed Price

12 Months

Option Line Item

CDC & DFAC FY22 RAFM - PoP: 1 Dec 21 - 30 Nov 22 Firm Fixed Price

12 Months

Option Line Item

Galaxy Club FY22 RAFM - PoP: 1 Dec 21

- 30 Nov 22 Firm Fixed Price

12 Months

Option Line Item

Lodging FY22 RAFM - PoP: 1 Dec 21 - 30 Nov 22 Firm Fixed Price

12 Months

Option Line Item

CDC & DFAC FY23 RAFM - PoP: 1 Dec 22 - 30 Nov 23 Firm Fixed Price

12 Months

Option Line Item

Galaxy Club FY23 RAFM - PoP: 1 Dec 22

- 30 Nov 23 Firm Fixed Price

12 Months

Option Line Item

Lodging FY23 RAFM - PoP: 1 Dec 22 - 30 Nov 23 Firm Fixed Price

12 Months

Option Line Item

CDC & DFAC FY24 RAFM - PoP: 1 Dec 23 - 30 Nov 24 Firm Fixed Price

12 Months

Option Line Item

Galaxy Club FY24 RAFM - PoP: 1 Dec 23

- 30 Nov 24 Firm Fixed Price

12 Months

Option Line Item

Lodging FY24 RAFM - PoP: 1 Dec 23 - 30 Nov 24 Firm Fixed Price

12 Months

Option Line Item

CDC & DFAC FY25 RAFM - PoP: 1 Dec 24 - 30 Nov 25 Firm Fixed Price

12 Months

Option Line Item

Galaxy Club FY25 RAFM - PoP: 1 Dec 24

- 30 Nov 25 Firm Fixed Price

12 Months

Option Line Item

Lodging FY25 RAFM - PoP: 1 Dec 24 - 30 Nov 25 Firm Fixed Price

12 Months

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.229-7006 Value Added Tax Exclusion (United Kingdom) 2011-12 252.229-7007 Verification of United States Receipt of Goods. 1997-06

Description/Specifications/Statement of Work

Requirements RAF Mildenhall 100th FSS has a requirement for hospitality laundering service, encompassing the pick up of soiled laundry, washing or dry cleaning at the contractors facility, and return of cleaned, dried, pressed, and packaged laundry.

Packaging and Marking

Inspection and Acceptance

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04

Deliveries or Performance

Delivery Schedule

Period of Performance From

01 DEC 2020

To

30 NOV 2021

Delivery Schedule

Period of Performance From

01 DEC 2020

To

30 NOV 2021

Delivery Schedule

Period of Performance From

01 DEC 2020

To

30 NOV 2021

Option Line Item 1001 Delivery Schedule

Period of Performance From

01 DEC 2021

To

30 NOV 2022

Option Line Item 1002 Delivery Schedule

Period of Performance From

01 DEC 2021

To

30 NOV 2022

Option Line Item 1003 Delivery Schedule

Period of Performance From

01 DEC 2021

To

30 NOV 2022

Option Line Item 2001 Delivery Schedule

Period of Performance From

01 DEC 2022

To

30 NOV 2023

Option Line Item 2002 Delivery Schedule

Period of Performance From

01 DEC 2022

To

30 NOV 2023

Option Line Item 2003 Delivery Schedule

Period of Performance From

01 DEC 2022

To

30 NOV 2023

Option Line Item 3001 Delivery Schedule

Period of Performance From

01 DEC 2023

To

30 NOV 2024

Option Line Item 3002

Delivery Schedule

Period of Performance From

01 DEC 2023

To

30 NOV 2024

Option Line Item 3003 Delivery Schedule

Period of Performance From

01 DEC 2023

To

30 NOV 2024

Option Line Item 4001 Delivery Schedule

Period of Performance From

01 DEC 2024

To

30 NOV 2025

Option Line Item 4002 Delivery Schedule

Period of Performance From

01 DEC 2024

To

30 NOV 2025

Option Line Item 4003 Delivery Schedule

Period of Performance From

01 DEC 2024

To

30 NOV 2025

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 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.

(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 FA5587

Admin DoDAAC FA5587

Inspect By DoDAAC F3B307

Ship To Code F3B307

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F3B307

Service Acceptor (DoDAAC) F3B307

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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.

cymoril.oneill@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

52.212-1 Instructions to Offerors-Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors-Commercial Items (Jun 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation.

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart

4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101- 29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09

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

2017-01

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.245-1 Government Property. 2017-01

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. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 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. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

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

252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7005 Identification of Expenditures in the United States. 2005-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7033 Waiver of United Kingdom Levies. 2003-04 252.225-7041 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

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.229-7008 Relief from Import Duty (United Kingdom). 2011-12 252.232-7010 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. 2013-06 252.237-7014 Loss or Damage (Count-of-Articles). 1991-12 252.237-7016 Delivery Tickets. 2014-11

252.237-7018 Special Definitions of Government Property. 1991-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.245-7002 Reporting Loss of Government Property. 2017-12 252.245-7003 Contractor Property Management System Administration. 2012-04

FAR Clauses Incorporated by Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2019-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

As used in this clause-(a) Definitions.

means The People's Republic of China.Covered foreign country means-Covered telecommunications equipment or services

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

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) 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);

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

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) 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.

means-Critical technology

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

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

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

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

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

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

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 (5) of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).(6) means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (b) Prohibition.

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.

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

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

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

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) 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.

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

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) 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.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) 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.

The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual (e) Subcontracts.

instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in , insert the following provision:9.104-7(d)

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 aware (2) 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(1) is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative 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(2) is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(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 (section 743 of Division E, (1) (JAN 2017) 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 (Section 1634 of Pub. L. 115-91).(JUL 2018)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)

52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).(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 , with Alternate I (41 U.S.C. 4704 and 10 U.S. X (1) (SEP 2006) (OCT 1995)

C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)). ____ (2) (OCT 2015)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of ____ (3) (JUN 2010)

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 (Pub. L. 109-282) (31 U.S. X (4) (OCT 2018)

C. 6101 note).

[Reserved]. ____ (5)

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

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

Div. C).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for ____ (8)

Debarment. (31 U.S.C. 6101note).(OCT 2015)

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

[Reserved]. ____ (10)

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

Alternate I of 52.219-3. ____ (ii) (MAR 2020)

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to (i) (MAR 2020) waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

Alternate I of 52.219-4. ____ (ii) (MAR 2020)

[Reserved] ____ (13)

____ (14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C.644).(i) (MAR 2020)

Alternate I . ____ (ii) (MAR 2020)

____ (15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (MAR 2020)

Alternate I of 52.219-7. ____ (ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). ____ (16)

____ (17) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).(i)

Alternate I of 52.219-9. ____ (ii) (NOV 2016)

Alternate II of 52.219-9. ____ (iii) (NOV 2016)

Alternate III of 52.219-9. ____ (iv) (MAR 2020)

Alternate IV of 52.219-9 ____ (v) (AUG 2018)

52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)). ____ (18) (MAR 2020)

52.219-14, Limitations on Subcontracting (15 U.S.C.637(a)(14)). ____ (19) (MAR 2020)

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)). ____ (20) (JAN 1999)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f). ____ (21) (MAR 2020)

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (MAR 2020)

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

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)

Concerns (15 U.S.C. 637(m)).(MAR 2020)

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 (Mar 2020) (15 U.S.C. 637(m)).

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)). ____ (25) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)). ____ (26) (MAR 2020)

52.222-3, Convict Labor (E.O.11755). ____ (27) (JUN 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126). ____ (28) (JAN 2020)

52.222-21, Prohibition of Segregated Facilities . X (29) (APR 2015)

X (30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

Alternate I of 52.222-26. ____ (ii) (FEB 1999)

____ (31) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(i)

Alternate I of 52.222-35. ____ (ii) (JUL 2014)

____ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C.793).(i) (JUL 2014)

Alternate I of 52.222-36. ____ (ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). ____ (33) FEB 2016

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). ____ (34) (DEC 2010)

X (35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (JAN 2019)

Alternate I of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627). ____ (ii) (MAR 2015)

52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of X (36) OCT 2015 commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(i)

(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off- ____ (ii) (MAY 2008) the-shelf items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____ (38)

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693). ____ (39) (JUN 2016)

____ (40) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)

Alternate I of 52.223-13. ____ (ii) (OCT 2015)

____ (41) 52.223-14, Acquisition of EPEAT?-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)

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

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b). ____ (42) (DEC 2007)

____ (43) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)

Alternate I of 52.223-16. ____ (ii) (JUN 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513). X (44) (AUG 2011)

52.223-20, Aerosols (E.O. 13693). ____ (45) (JUN 2016)

52.223-21, Foams (Jun 2016) (E.O. 13693). ____ (46)

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

Alternate I of 52.224-3. ____ (ii) (JAN 2017)

52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). ____ (48)

____ (49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, (i) (MAY 2014)

19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

Alternate I of 52.225-3. ____ (ii) (MAY 2014)

Alternate II of 52.225-3. ____ (iii) (MAY 2014)

Alternate III of 52.225-3. ____ (iv) (MAY 2014)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). ____ (50) (OCT 2019) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of X (51) (JUN 2008)

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of ____ (52) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (54)

52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (55) (FEB 2002)

52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (56)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332). X (57) (OCT 2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ____ (58)

52.232-36, Payment by Third Party (31 U.S.C.3332). X (59) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). ____ (60) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)). ____ (61) (JAN 2017)

____ (62) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.(i) (FEB 2006)

C. 2631).

Alternate I of 52.247-64. ____ (ii) (APR 2003)

Alternate II of 52.247-64. ____ (iii) (FEB 2006)

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

[ ]Contracting Officer check as appropriate.

52.222-17, Nondisplacement of Qualified Workers (E.O. 13495). ____ (1) (MAY 2014)

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67). ____ (2) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (3) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ____ (4)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).(AUG 2018)

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U. ____ (5)

S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)

Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ____ (7)

(41 U.S.C. chapter 67).(MAY 2014)

52.222-55, Minimum Wages Under Executive Order 13658 . ____ (8) (DEC 2015)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706). ____ (9) (JAN 2017)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). ____ (10) (MAY 2014)

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records

Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (OCT 2015)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) (vi) of FAR clause 52.222-17.

52.222-21, Prohibition of Segregated Facilities .(vii) (APR 2015)

52.222-26, Equal Opportunity (E.O.11246).(viii) (SEP 2015)

52.222-35, Equal Opportunity for Veterans (38 U.S.C.4212).(ix) (OCT 2015)

52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).(x)

52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)(xi)

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down (xii) (DEC 2010) required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) 52.222-50, Combating Trafficking in Persons (22 U.S.C.