Solicitation W911RX24R0011.pdf

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until 10:00 AM local time 28 Oct 2024

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52 - 57 X H 58 - 61 christopher.a.richie.civ@army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 61

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W911RX 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHRISTOPHER A. RICHIE 520-944-0622

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21 - 23

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 24 - 25 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 26 - 29 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

30 - 50

PART II - CONTRACT CLAUSES

MICC - FORT RILEY (923RD CBN)

1792 12TH STREET

FORT RILEY KS 66442

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

25 Sep 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911RX24R0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job AG Wash/AG San for Container

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):139 Wdth (inches):96 Lnth (inches): 316 FOB: Destination

PSC CD: S207

NET AMT

0002 1 Job AG Wash/AG San for Track Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):157 Wdth (inches):144 Lnth (inches): 532

0003 1 Job AG Wash/AG San for Trailer

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):106 Wdth (inches):96 Lnth (inches): 750

0004 1 Job AG Wash/AG San for Special Load Equip

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):48 Wdth (inches):135 Lnth (inches): 440

0005 1 Job AG Wash/AG San for Wheeled Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):156 Wdth (inches):111 Lnth (inches): 471

0006 1 Job AG Wash/AG San for Aircraft

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

0007 1 Job AG Wash/AG San for UAS

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

1001 1 Job OPTION AG Wash/AG San for Container

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):139 Wdth (inches):96 Lnth (inches): 316

1002 1 Job OPTION AG Wash/AG San for Track Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):157 Wdth (inches):144 Lnth (inches): 532

1003 1 Job OPTION AG Wash/AG San for Trailer

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):106 Wdth (inches):96 Lnth (inches): 750

1004 1 Job OPTION AG Wash/AG San for Special Load Equip

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):48 Wdth (inches):135 Lnth (inches): 440

1005 1 Job OPTION AG Wash/AG San for Wheeled Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):156 Wdth (inches):111 Lnth (inches): 471

1006 1 Job OPTION AG Wash/AG San for Aircraft

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

1007 1 Job OPTION AG Wash/AG San for UAS

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

2001 1 Job OPTION AG Wash/AG San for Container

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):139 Wdth (inches):96 Lnth (inches): 316

2002 1 Job OPTION AG Wash/AG San for Track Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):157 Wdth (inches):144 Lnth (inches): 532

2003 1 Job OPTION AG Wash/AG San for Trailer

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):106 Wdth (inches):96 Lnth (inches): 750

2004 1 Job OPTION AG Wash/AG San for Special Load Equip

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):48 Wdth (inches):135 Lnth (inches): 440

2005 1 Job OPTION AG Wash/AG San for Wheeled Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):156 Wdth (inches):111 Lnth (inches): 471

2006 1 Job OPTION AG Wash/AG San for Aircraft

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

2007 1 Job OPTION AG Wash/AG San for UAS

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

3001 1 Job OPTION AG Wash/AG San for Container

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):139 Wdth (inches):96 Lnth (inches): 316

3002 1 Job OPTION AG Wash/AG San for Track Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):157 Wdth (inches):144 Lnth (inches): 532

3003 1 Job OPTION AG Wash/AG San for Trailer

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):106 Wdth (inches):96 Lnth (inches): 750

3004 1 Job OPTION AG Wash/AG San for Special Load Equip

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):48 Wdth (inches):135 Lnth (inches): 440

3005 1 Job OPTION AG Wash/AG San for Wheeled Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):156 Wdth (inches):111 Lnth (inches): 471

3006 1 Job OPTION AG Wash/AG San for Aircraft

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

3007 1 Job OPTION AG Wash/AG San for UAS

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

4001 1 Job OPTION AG Wash/AG San for Container

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):139 Wdth (inches):96 Lnth (inches): 316

4002 1 Job OPTION AG Wash/AG San for Track Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):157 Wdth (inches):144 Lnth (inches): 532

4003 1 Job OPTION AG Wash/AG San for Trailer

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):106 Wdth (inches):96 Lnth (inches): 750

4004 1 Job OPTION AG Wash/AG San for Special Load Equip

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):48 Wdth (inches):135 Lnth (inches): 440

4005 1 Job OPTION AG Wash/AG San for Wheeled Vehicle

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS). Dimensions of equipment: Ht (inches):156 Wdth (inches):111 Lnth (inches): 471

4006 1 Job OPTION AG Wash/AG San for Aircraft

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

4007 1 Job OPTION AG Wash/AG San for UAS

FFP

Agricultural wash and sanitization IAW section 5 of the Performance Work Statement (PWS).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 04-NOV-2024 TO

03-NOV-2025

N/A N/A

0002 POP 04-NOV-2024 TO

03-NOV-2025

0003 POP 04-NOV-2024 TO

0004 POP 04-NOV-2024 TO

0005 POP 04-NOV-2024 TO

0006 POP 04-NOV-2024 TO

0007 POP 04-NOV-2024 TO

1001 POP 04-NOV-2025 TO

03-NOV-2026

1002 POP 04-NOV-2025 TO

1003 POP 04-NOV-2025 TO

1004 POP 04-NOV-2025 TO

1005 POP 04-NOV-2025 TO

1006 POP 04-NOV-2025 TO

1007 POP 04-NOV-2025 TO

2001 POP 04-NOV-2026 TO

03-NOV-2027

2002 POP 04-NOV-2026 TO

2003 POP 04-NOV-2026 TO

2004 POP 04-NOV-2026 TO

2005 POP 04-NOV-2026 TO

2006 POP 04-NOV-2026 TO

2007 POP 04-NOV-2026 TO

3001 POP 04-NOV-2027 TO

03-NOV-2028

3002 POP 04-NOV-2027 TO

3003 POP 04-NOV-2027 TO

3004 POP 04-NOV-2027 TO

3005 POP 04-NOV-2027 TO

3006 POP 04-NOV-2027 TO

3007 POP 04-NOV-2027 TO

4001 POP 04-NOV-2028 TO

03-NOV-2029

4002 POP 04-NOV-2028 TO

4003 POP 04-NOV-2028 TO

4004 POP 04-NOV-2028 TO

4005 POP 04-NOV-2028 TO

4006 POP 04-NOV-2028 TO

4007 POP 04-NOV-2028 TO

INSTALLATION/ FACILITY ACCESS

Installation and/or Facility Access procedures for the nine (9) possible locations will be included at the Task Order level.

Locations:

1. FT Cavazos, TX

2. FT Bliss, TX

3. FT Carson, CO

4. FT Riley, KS

5. FT Sill, OK

6. Port of Corpus Christi, TX

7. Port of Galveston, TX

8. Port of Beaumont, TX

9. Port of Charleston, SC

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) 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 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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(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) 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/.

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

______N/A_______

(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.

_____Invoice 2in1 ______

(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 financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) 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 W911RX

Admin DoDAAC** W911RX

Inspect By DoDAAC Determined at Task Order Level

Service Approver (DoDAAC) Determined at Task Order Level

Service Acceptor (DoDAAC) Determined at Task Order Level

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

__https://piee.eb.mil/xhtml/unauth/home/login.xhtml__

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

(End of clause)

Section H - Special Contract Requirements

ORDERING PROCEDURES

ORDERING PROCEDURES

1. Overview: These instructions specify the procedures used by the Government to place task orders under this contract.

2. Authority to Place TOs: Mission and Installation Contracting Command Fort Riley, KS, has authority to award and administer task orders under this contract.

All matters pertaining to the administration of each task order should be directed to the pertinent Contracting Officer (KO) via Contract Specialist (CS).

The Contracting Officer will appoint a Contracting Officer Representative (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed for this contract and resulting task orders. This provision in no way authorizes anyone other than the Contracting Officer to commit the government to changes in the terms of the contract. (FAR Clause 52.212-4(c)). The Government Inspector is not authorized or required to perform the quality control for the contract.

3. Ordering Period: The contract consists of a 12-month Base Period and four (4) 12-month Option Periods. Performance under task orders may extend beyond the ordering period (See Contract Clause 52.216-22).

4. Task Orders: Performance of services shall be accomplished by the contractor after issuance of task orders against the Indefinite Delivery-Indefinite Quantity Contract. The contractor is not required to accept any task order which would cause the maximum amounts stated in the basic contract to be exceeded (Reference Contract Clause 52.216-19 entitled “Order-Limitations”). The contractor shall be required to perform the work as specified in each task order.

5. Fair Opportunity: All eligible MATOC contractors will be provided a fair opportunity to compete for each project/task order IAW FAR 16.505(b).

6. Request for Proposal: When the Government requires work to be performed, a Request for Task Order Proposal (RTOP) will be issued. The RTOP will include as applicable:

a. The requirement (specifications, drawing, etc.)

b. Performance Work Statement (PWS)

c. Instructions for completing the proposal in response to the RTOP.

d. Additional clauses/provisions unique to the TO not included in the IDIQ contract.

e. Site visit date/time (if applicable)

f. Commencement, Prosecution and Completion of Work

g. The basis of award.

h. Liquidated damages (If applicable)

i. Service Contract Act Wage Rate Requirements

j. Environmental reports (If applicable)

k. Project Magnitude Scope

RTOPs will generally be transmitted via e-mail however some documents such as drawings may be transmitted via other means.

7. Proposal Preparation Pricing: Each TO shall be priced individually on a firm-fixed-price basis.

8. Question and Answer (Q&A) / Site Visit: All Contractors are urged to inspect the site where work will be performed, if applicable. Contractors will be given adequate time to review the specifications, including applicable drawings, for each task order, prior to inspecting the job site. Any deficiencies, conflicts, or other areas of concern existing in the specifications and applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design PWS and Specs that appear to be ambiguous, confusing, conflicting, or erroneous. Failure to attend a site visit, if applicable, may not be used as an excuse for omission or miscalculation in proposals.

The Contractor will not be reimbursed for proposal preparation, attendance during discussions, site visits, walkthrough or other pre-task order costs.

9. Contractor’s Proposal: Submission of an offer is not mandatory; however, Contractors shall furnish a “No Proposal/Offer” response including a brief statement as to the reason(s) why they chose not to respond.

Contract holders are expected, in good faith, to participate in the task order competitions, and if successful, to deliver quality projects on time and on cost, to include management and supervision of subcontractors.

Contractors shall respond by submitting a proposal to the Contracting Officer in accordance with requirements of the RTOP by the due date and time stated. The proposal shall include all charges the contractor intends to recover in connection with the completion of work on the proposed task order, whether or not specifically listed in the Pricing Schedule. The Government reserves the right to reject any or all proposals received.

The Government may request and the Contractor shall provide a cost breakdown on individual task orders to establish price reasonableness.

10. Award Criteria: Specified in each RTOP.

11. Pre-performance / Post Award Conferences: The Contractor shall, at the discretion of the Contracting Officer, attend a Government coordinated preperformance conference within 30 calendar days of task order award. As a minimum, the conference shall be attended by the contractor’s appointed project manager and quality control manager. Conferences may be conducted utilizing MS Teams platform.

12. Notice to Proceed (NTP) for Task Orders: NTPs may be issued. Physical work on the job site shall not commence until after receipt of NTP issued from the Contracting Officer.

13. Service Contract Act Wage Rate Requirements: All task orders are subject to Service Contract Act Wage Rate Wage Determinations. All applicable Wage Determinations will be updated annually on the anniversary date of contract award.

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

[ ___ Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

TRANS TO ACWS INFO TO OFFERORS

Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.216-19 Order Limitations OCT 1995 52.216-27 Single or Multiple Awards OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.219-7000 Advancing Small Business Growth JUN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

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

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new 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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 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--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any 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

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

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.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the 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.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XXX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

XXX (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

XXX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

XXX (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

XXX (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

XXX (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

XXX (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

XXX (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate…