Solicitation FA857121Q0052.pdf

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

FA857121Q0052

Solicitation/Contract Form

Defense Priorities Allocation System (DPAS) Priority Rating: DO-S1

Supplies or Services and Prices/Cost

Additional Information/Notes

BPA AGREEMENT SCHEDULE

Blanket Purchase Agreement Terms and Conditions IAW FAR 13.303-2 and 13.303-3

(1) Description of agreement:

The contractor shall furnish a quote for services, if and when requested by the contracting officer (CO), authorized CO representative, or one of the individuals authorized to place call/orders against this BPA during the period specified in the clause below entitled "Effective Period". Call/orders made hereunder shall be written.

Such call/orders shall include a request for quote sent to the BPA participant, description of the services being ordered, delivery schedule, FOB point, place of inspection and acceptance, and designation of appropriations chargeable together with such other specifics covered elsewhere herein.

(2) Extent of obligation:

The Government is obligated only to the extent of authorized call/orders actually placed against this Blanket Purchase Agreement.

(3) Purchase limitation.

No Individual call/order under this agreement shall exceed $25,000. (Vendor must respond to call/orders with pricing and delivery information via email within 3 days)

(4) Individuals authorized to purchase under the BPA:

A list of names of individuals authorized to place call/orders under this BPA is attached to this agreement per Section J.

(5) Delivery tickets. A requirement that all shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase number.

(v) Itemized list of supplies or services furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

(6) Invoices:

A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

(7) Effective Period

This BPA is effective from 27 Nov 2021 - 26 Nov 2022.

(8) This agreement may be discontinued and/or canceled upon 30 days written notice by either party.

Item Supplies/Service Quantity Unit Unit Price Amount

Description/Specifications/Statement of Work

Requirements VDATS ROHDE and SCHWARZ REPAIR BPA

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Contractor Destination

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

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. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

2020-04

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items. 2020-10

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be Cognizant Contracting Officer binding until so approved.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-

As prescribed in , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(JAN 2021)

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 2020) (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. 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 , with (41 U.S.C. 4704 and 10 U.S.(1) (JUNE 2020) Alternate I (OCT 1995)

C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (JUN 2020)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)

(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.C. 6101 note).(4) (JUN 2020)

[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 Div. C).(7) (OCT 2016)

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

(31 U.S.C. 6101 note).2020)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(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 waive the (i) (MAR 2020) 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) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

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

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

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

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

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) (JUN 2020)

Alternate IV of 52.219-9(v) (JUN 2020)

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

Alternate I of 52.219-13.(ii) (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) (NOV 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 Concerns (23) (MAR

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

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)

Small Business Program (Mar2020) (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 (15U.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) (JAN2020)

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

(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 (38 U.S.C. 4212).(i) (JUN 2020)

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) (JUN 2020)

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

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020

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

(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (OCT 2020)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)

52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of commercially (36) OCT 2015 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)(A)(ii)). (Not (i) 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-the-shelf items.)(ii) (MAY 2008)

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 (Jun2014) of 52.223-14.(ii)

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)

(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).(44) (JUN 2020)

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

52.223-21, Foams (Jun2016) (E.O. 13693).(46)

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

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

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) ( 2021)JAN

(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) ( 2021)JAN 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) ( 2021)JAN

Alternate II of 52.225-3.(iii) ( 2021)JAN

Alternate III of 52.225-3.(iv) ( 2021)JAN

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 Foreign (51) (JUN 2008)

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 the National (52)

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)

52.229-12, Tax on Certain Foreign Procurements .(55) (JUN 2020)

52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(56) (FEB 2002)

52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)

(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).(i) (FEB 2006)

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.

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

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)

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

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)

C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)

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 (6) (MAY 2014)

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

52.222-55, Minimum Wages Under Executive Order 13658 .(7) (NOV 2020)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2017) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

. 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, as defined in FAR 2.101, on the date of award of this contract, 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) (JUN 2020)

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 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)

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

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

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

(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (OCT 2020)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)

52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (OCT 2015)

52.222-55, Minimum Wages Under Executive Order 13658 .(xvii) (NOV 2020)

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

(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

Alternate I of 52.224-3.(B) (JAN 2017)

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

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.(xxii) (FEB 2006) C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 AFSC-ROBINS Ombudsman 2019-10

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Mr. Timothy Inman, AFSC/PK, 480 Richard Ray Boulevard Robins AFB, GA 31098, Phone: (478) 222-4097, timothy.inman@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9001 Health and Safety on Government Installations 2019-10

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations 2019-10

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and <<1>> to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with <<2>> citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

List of Attachments

Number Attachment Name Attachment Description

Reference Identifier Date URL Line Item

72122 R&S BPA

PWS

Performance Work Statement

18 MAY

72122 CDRLA001 -

Contractor_s Safety Plan

Contract Data Requirements List

(CDRL)

19 APR

72122 CDRL A002-

Accident Incident Report

Contract Data Requirements List

(CDRL)

19 APR

72122 Appendix C for VDATS R&S

BPA

Appendix C

18 MAY

72122 R&S BPA

Appendix A_RandS

Appendix A

18 MAY

Representations, Certification, and other Statements of Offerors

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-7 System for Award Management. 2018-10

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2011-11

FAR Clauses Incorporated by Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 2020-

As prescribed in , insert the following provision:4.2105(a)

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

As used in this provision-(a) Definitions.

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

Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (c) Procedures.

entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that-(d) Representation.

It will, will not provide covered telecommunications equipment or services to the Government in the performance of any (1) contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

For covered equipment-(i)

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

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

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

For covered services-(ii)

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

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

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

For covered equipment-(i)

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

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

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

For covered services-(ii)

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

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

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. 2020-10

As prescribed in , insert the following provision:4.2105(c)

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning (a) Definitions.

provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for (b) Procedures.

entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its (1) Representation.

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered (2) telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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 (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)

52.212-3 Offeror Representations and Certifications-Commercial Items. 2021-02

52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in , insert the following provision:12.301(b)(2)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

. As used in this provision-(a) Definitions

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

means a small business concern that is at least 51 percent Economically disadvantaged women-owned small business (EDWOSB) concern directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with . It automatically qualifies as a women-13 CFR part 127 owned small business eligible under the WOSB Program.

means all work or service-Forced or indentured child labor

Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not (1) offer himself voluntarily; or

Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or (2) penalties.

means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that Highest-level owner control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited Immediate owner to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. Inverted domestic corporation 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

means any end product in product and service codes (PSCs) 1000-9999, except-Manufactured end product

PSC 5510, Lumber and Related Basic Wood Materials;(1)

Product or Service Group (PSG) 87, Agricultural Supplies;(2)

PSG 88, Live Animals;(3)

PSG 89, Subsistence;(4)

PSC 9410, Crude Grades of Plant Materials;(5)

PSC 9430, Miscellaneous Crude Animal Products, Inedible;(6)

PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(7)

PSC 9610, Ores;(8)

PSC 9620, Minerals, Natural and Synthetic; and(9)

PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or otherwise made or processed from raw Place of manufacture materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

means an entity that is replaced by a successor and includes any predecessors of the predecessor.Predecessor has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Reasonable inquiry Surveillance Services or Equipment.

means business operations in Sudan that include power production activities, mineral extraction activities, oil-Restricted business operations related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.

L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

Are conducted under contract directly and exclusively with the regional government of southern Sudan;(1)

Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are (2) expressly exempted under Federal law from the requirement to be conducted under such authorization;

Consist of providing goods or services to marginalized populations of Sudan;(3)

Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;(4)

Consist of providing goods or services that are used only to promote health or education; or(5)

Have been voluntarily suspended."Sensitive technology"-(6)

-Sensitive technology

Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(1)

To restrict the free flow of unbiased information in Iran; or(i)

To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(ii)

Does not include information or informational materials the export of which the President does not have the authority to regulate or (2) prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

-Service-disabled veteran-owned small business concern

Means a small business concern-(1)

Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, (i) not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a (ii) service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.(2) S.C. 101(16).

-Small business concern

Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is (1) bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to Small disadvantaged business concern the acquisition, that-

Is at least 51 percent unconditionally and directly owned (as defined at ) by-(1) 13 CFR 124.105

One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at ) (i) 13 CFR 124.104 individuals who are citizens of the United States; and

Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable (ii) exclusions set forth at 13 CFR124.104(c)(2); and

The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the (2) criteria in paragraphs (1)(i) and (ii) of this definition.

means an entity in which more than 50 percent of the entity is owned-Subsidiary

Directly by a parent corporation; or(1)

Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new Successor name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

means a small business concern-Veteran-owned small business concern

Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly (1) owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

The management and daily business operations of which are controlled by one or more veterans.(2)

(in accordance with ), means a small Women-owned small business (WOSB) concern…