Solicitation W15QKN20R0078.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN20R0078

Point of Contact:

Patrick Lyons – Contract Specialist

Patrick.t.lyons9.civ@mail.mil

Commercial # (609) 562-2776

REQUEST FOR Proposal (RFP)

I) INTRODUCTION

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

Solicitation Number W15QKN20R0078 is hereby issued as a Request for Proposal (RFP) for 13 separate subscription services for annual web based service that shall provide reliable social media research services, also referred to as a Software-as-a-Service (SaaS), and training. This procurement is being issued as 100% Total Small-Business Set-Aside under North American

Industrial Classification Standard (NAICS) code 541519 – Other Computer Related Services.

The Small Business Size Standard for NAICS 541519 is $30,000,000.00. The Army Contracting

Command – New Jersey (ACC-NJ) intends to award a Firm Fixed Price (FFP) type contract. The anticipated Period of Performance shall be a 12- month Base Period from date of award and two additional 12-month Option Periods. Specific requirements are listed in the Statement of Work

(SOW).

All proposals shall contain the minimum information required under FAR 52.212-1, Instructions to Offerors, Commercial Items (Oct 2018), including a detailed description on how the proposed

SaaS will meet or exceed the SOW requirements. The proposal must not merely repeat the solicitation requirements, but rather must provide convincing documentary evidence in support of conclusive statements of how contract requirements will be met. Your proposal, in accordance with FAR 52.212-3 Offeror Representations and Certifications, Commercial Items (Oct 2018), shall list your DUNS number, CAGE code, Company name, Point of Contact, and phone number.

If you need to obtain or renew a DUNS number or CAGE code, please visit the System for Award

Management (SAM) at https://www.sam.gov/portal/public/SAM/ or https://betasam.gov/. Lack of registration in the SAM database will make an offeror ineligible for award. The vendor must also be registered in Wide Area Work Flow to receive payment through electronic funds transfer. If you are not currently registered, please visit the following website https://wawf.eb.mil/ to complete your registration.

REPLY TO

ATTENTION OF

mailto:Patrick.t.lyons9.civ@mail.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 https://www.sam.gov/portal/public/SAM/

U.S. ARMY CONTRACTING COMMAND – NEW JERSEY

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN20R0078

In accordance with FAR 52.212-2, Evaluation – Commercial Items (Oct 2014), the Government will award a contract resulting from this solicitation to the responsible Offeror who submits the

Lowest Price Technically Acceptable (LPTA) proposal. The Offeror must meet or exceed the requirements as specified in the Statement of Work (SOW) and this RFP. Offerors must submit proposals on the full quantity identified. Failure to submit all information requested in the instruction to offerors could be cause for rejection of the entire proposal. The Contracting

Officer reserves the right to make no award under this procedure.

All questions shall be in writing. Questions may be emailed to Patrick Lyons at

Patrick.t.lyons9.civ@mail.mil and Bradley Borek at Bradley.r.borek.civ@mail.mil.

All questions are due no later than 11:00 AM Eastern Standard Time on 1 April

2020.

All offers shall be in writing. Proposals / offers must be emailed to the Contracting Officer, Mr.

Bradley Borek at Bradley.r.borek.civ@mail.mil and the Contract Specialist, Patrick Lyons at

Patrick.t.lyons9.civ@mail.mil. Proposals are due no later than 11:00 AM Eastern Standard Time on 7 April 2020. Responses should be marked with Solicitation Number W15QKN20R0078 on both the proposal and in the subject line of the email.

The contractor’s offer shall remain valid for 60 days.

II) SUPPLIES OR SERVICES

Base Period CLINs:

Contract

Line Item

Number

(CLIN)

CLIN Description QUANTITY UNIT UNIT PRICE AMOUNT

0001 Subscription

Services

All work shall be performed in accordance with the

SOW

13 Each $ $

0002 Training Course at Quantico, VA

1 Each $ $ mailto:Patrick.t.lyons9.civ@mail.mil mailto:Bradley.r.borek.civ@mail.mil mailto:Bradley.r.borek.civ@mail.mil mailto:Patrick.t.lyons9.civ@mail.mil

JOINT BASE MDL, NEW JERSEY 08640

SOLICITATION # W15QKN20R0078

0003 Training Course at

Hunter Army Air Field, GA

1 Each $ $

0004 Training at Joint Base Lewis-McChord, WA

1 Each $ $

NET AMT $

Option Period One CLINs:

Contract

Line Item

Number

(CLIN)

CLIN Description QUANTITY UNIT UNIT PRICE AMOUNT

1001 Subscription

Services

All work shall be performed in accordance with the

SOW

13 Each $ $

1002 Training Course at Quantico, VA

1 Each $ $

1003 Training Course at

Hunter Army Air Field, GA

1 Each $ $

1004 Training at Joint Base Lewis-McChord, WA

Option Period Two CLINs:

2001 Subscription

Services

All work shall be

13 Each $ $

JOINT BASE MDL, NEW JERSEY 08640

performed in accordance with the

SOW

2002 Training Course at Quantico, VA

1 Each $ $

2003 Training Course at

Hunter Army Air Field, GA

1 Each $ $

2004 Training at Joint Base Lewis-McChord, WA

III) INSPECTION AND ACCEPTANCE:

Supplies/services shall be Inspected/Accepted by the Government at Destination.

IV) DELIVERY ADDRESS:

HQ USACIDC

Russell-Knox Building

27130 Telegraph Rd

Quantico, VA 22134

Point of Contact (POC):

Name: Joseph Smith

Phone: (571) 305-4316

Email: joseph.a.smith.civ@mail.mil

V) CONTRACT PROVISIONS/CLAUSES

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB/1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): http://farsite.hill.af.mil/ mailto:joseph.a.smith.civ@mail.mil http://farsite.hill.af.mil/

JOINT BASE MDL, NEW JERSEY 08640

52.202-1

52.203-3

52.203-5

52.203-6

52.203-7

52.203-8

52.203-17

52.204-2

52.204-7 52.204-9

Definitions (NOV 2013)

Gratuities (APR 1984)

Covenant Against Contingent Fees (MAY 2014) Restrictions on Subcontractors Sales to the Government (SEPT 2006)

Anti-Kickback Procedures (MAY 2014)

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights. (APR 2014)

Security Requirements (AUG 1996)

System for Award Management (OCT 2018) Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.204-18 52.204-24

52.204-25

52.204-26

Commercial and Government Entity Code Maintenance (JUL 2016)

Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (DEC 2019)

Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019) Covered Telecommunications Equipment or Services-Representation. (DEC 2019

52.209-6

52.209-11

52.211-5

52.211-15

52.212-1

52.212-2 52.212-3

Protecting the Government’s Interest when Subcontracting with Contractors

Debarred, Suspended, or proposed for Debarment (OCT 2015)

Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

Material Requirements (AUG 2000) Defense Priority and Allocation Requirements (APR 2008)

Instructions to Offerors – Commercial Items (OCT 2018)

Evaluations- Commercial Items (OCT 2014) Offeror Representations and Certifications-Commercial Items (DEC 2019)

52.212-3 Alt 1 Offeror Representations and Certifications—Commercial Items (OCT 2014)

52.212-4 52.215-19

52.216-24

52.216-25

52.217-5

52.223-13

52.223-14 52.225-18

Contract Terms and Conditions – Commercial Items (OCT 2018)

Notification of Ownership Changes (OCT 1997)

Limitation of Government Liability (APR 1984)

Contract Definitization (OCT 2010)

Evaluation of Options (JULY 2019) Acquisition of EPEAT ®- Registered Imaging Equipment (JUN 2014)

Acquisition of EPEAT ®-Registered Televisions (JUN 2014) Place of Manufacture (AUG 2018)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (AUG 2018)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (MAY 2014) 52.233-2 Service of Protest (SEPT 2006)

52.233-3 Protest after Award (AUG 1996)

JOINT BASE MDL, NEW JERSEY 08640

52.233-4 Applicable Law of for Breach of Contract Claim

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.243-1 Changes – Fixed Price (AUG 1987)

52.244-6 Subcontracts for Commercial Items (AUG 2019)

52.249-8 Default (Fixed-Price Supply & Service (APR 1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.253-1 Computer Generated Forms (JAN 1991)

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

252.203-7002 Requirement to Inform Employee of Whistleblower Rights (SEP 2013)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2011)

252.204-7000 Disclosure of Information (OCT 2016)

252.204-7003 Control of Government Personnel Work Product (APR 1992)

252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2019)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016)

252.204-7015 252.204-7016 252.204-7017

252.204-7018

Disclosure of Information to Litigation Support Contractors (MAY 2016) Covered Defense Telecommunications Equipment or Services-Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.222-7007 Representation Regarding Combating Trafficking in Persons (JAN 2015)

252.225-7036 Buy American-Free Trade Agreements-Balance of Payments Program (DEC 2017)

252.225-7048 Export-Controlled Items (JUNE 2013)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.243-7001 Pricing of Contract Modifications (DEC 1991)

252.243-7002 252.244-7000

Requests for Equitable Adjustment (DEC 2012) Subcontracts for Commercial Items

252.246-7000 Material Inspection and Receiving Report (MAR 2008) 252.247-7023 Transportation of Supplies by Sea (APR 2014)

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC/2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

JOINT BASE MDL, NEW JERSEY 08640

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

JOINT BASE MDL, NEW JERSEY 08640

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

3509).

_XX_ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15

U.S.C. 657a).

(ii) Alternate I (NOV 2011) of 52.219-3.

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

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

JOINT BASE MDL, NEW JERSEY 08640

(13) [Reserved]

__XX_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

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

(3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011) (15 U.S.C. 657f).

JOINT BASE MDL, NEW JERSEY 08640

_ XX__(22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15

U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

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

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018)

(E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (July 2014) of 52.222-35.

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

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

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

JOINT BASE MDL, NEW JERSEY 08640

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 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 applicable to the acquisition of commercially available off-the-shelf items.)

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (June, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

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

(39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

(41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011) (E.O. 13513).

JOINT BASE MDL, NEW JERSEY 08640

(43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

(44) 52.223-21, Foams (June, 2016) (E.O. 13693).

_XX_ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 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.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

JOINT BASE MDL, NEW JERSEY 08640

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

_XX_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (July 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(12)).

(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

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

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

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

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

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

JOINT BASE MDL, NEW JERSEY 08640

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY

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

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, 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.

JOINT BASE MDL, NEW JERSEY 08640

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 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) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow 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—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 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.

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

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

JOINT BASE MDL, NEW JERSEY 08640

(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 (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

(xiii) XX (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May

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

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

JOINT BASE MDL, NEW JERSEY 08640

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

52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)

Definitions. As used in this clause--

"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 Work Flow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

WAWF access. To access WAWF, the Contractor shall--

Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for https://www.acquisition.gov/ https://wawf.eb.mil/

JOINT BASE MDL, NEW JERSEY 08640

self- registration available at this Web site.

WAWF training. The Contractor should follow the training instructions of the WAWF Web-

Based Training Course and use the Practice 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/.

WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

Document type. The Contractor shall use the following document type(s).

Invoice and Receiving Report (Combo) (2 in 1)

Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION

Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in 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 HQ0490

Issue By DoDAAC W15QKN

Admin DoDAAC W15QKN

Inspect By DoDAAC W26WXQ

Ship To Code W26WXQ

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC) W26WXQ

Accept at Other DoDAAC

LPO DoDAAC https://wawf.eb.mil/

JOINT BASE MDL, NEW JERSEY 08640

DCAA Auditor DoDAAC

Other DoDAAC(s)

Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and sub line item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

WAWF email notifications. The Contractor shall enter the email address identified below in the

"Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

patrick.t.lyons9.civ@mail.mil joseph.a.smith.civ@mail.mil

WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in

WAWF from the following contracting activity's WAWF point of contact.

patrick.t.lyons9.civ@mail.mil joseph.a.smith.civ@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to

Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute

Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the contracting officer) to:

Address:

mailto:patrick.t.lyons9.civ@mail.mil mailto:joseph.a.smith.civ@mail.mil mailto:Patrick.t.lyons9.civ@mail.mil mailto:joseph.a.smith.civ@mail.mil

JOINT BASE MDL, NEW JERSEY 08640

Headquarters U.S. Army Materiel Command

Office of Command Counsel-

Deputy Command Counsel 4400

Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840

Email: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

Web Address: http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the contracting officer or HQ, AMC to obtain the

AMC-Level Protest Procedures.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification

Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC

552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

VI) LIST OF ATTACHMENTS

Attachment 0001 – Statement of Work mailto:usarmy.redstone.usamc.mbx.protests@mail.mil http://www.amc.army.mil/amc/commandcounsel.html