SP4702-24-Q-0035.pdf

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SP4702-24-Q-0035 1 of 72

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SECTION A - SOLICITATION / CONTRACT

INFORMATION:

Description:

The Contractor shall provide Internet installation and service performance in accordance with the performance work statement (PWS) at the Defense Supply Center Columbus (DSCC) (24 hours – 7 days a week). The contractor shall provide Equipment and signal for basic internet services in accordance with the rules of the Federal Communications Commission and any other federal laws and regulations along with other requirements outlines in the PWS.

The requirement will be solicited as full and open competition. The applicable NAICS code for this acquisition is 517112, with a size standard of 1,500 employees. The applicable PSC is DG10, and the applicable Material Code is # V00014582. FAR Part 12 and 12 procedures apply.

General Information

1. Period of Performance:

The period of performance will be a base period of 12 months, with four 12-month option periods.

Option years may not be exercise at the time of award and will be subject to availability of funds and contractor’s performance. The Contracting Officers Representative (COR) will measure the contractor’s performance each year before exercising an option.

Estimated:

Base Year PoP:8/26/2024- 8/25/2025 Option Year 1: 8/26/2025 – 08/25/2026 Option Year 2: 8/26/2026 – 08/25/2027 Option Year 3: 8/26/2027 – 08/25/2028 Option Year 4: 8/26/2028 – 08/25/2029

2. Place of Performance:

Defense Logistics Agency (DLA) Land & Maritime 3990 E Broad St Columbus, Ohio, 43218-3990

Contact POC:

Sinan Falah Installation Support Civil Engineer 614-692-8136 Sinan.falah@dla.mil

See Section C – Performance work statement for building locations.

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3. Award Without Discussions:

The Government intends to evaluate quote and make award without discussions. Quotes should contain the vendor's best terms within the proposed technical specifications. Additionally, the Government reserves the right to conduct discussions and request revisions to quote if it is determined to be in the government’s best interest to do so.

4. Lowest Price Technically Acceptable:

The Government shall evaluate quotes and any eventual award to the responsible offeror whose quote is determined to be the Lowest Price Technically Acceptable (LPTA).

5. No Award:

The Government reserves the right to not make an award as a result of this RFQ if an award is determined contrary to the best interest of the Government.

6. Quote Preparation Costs:

The Government shall not be responsible or liable for any costs incurred in the preparation and submission of any technical or price volumes in response to this RFQ.

7. Quote Submittal Instructions:

Quotes are required to be received by 02 AUG 2024 at 3:00 PM Eastern Standard Time. Note: The e-mail address for submission of quotes is Becky.Hard@dla.mil cc: Mitchell.Hatfield@dla.mil.

All vendor questions about the RFQ shall be submitted via e- mail to Becky Hard at Becky.Hard@dla.mil and cc Mitchell Hatfield at Mitchell.Hatfield@dla.mil all questions shall be received by 26st JULY 2024 at 3:00 PM Eastern Standard Time, after which the period for responding to questions shall have closed.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Exceptions to any term or condition of the RFQ may make a vendor’s quote unacceptable, and cause it to be immediately rejected by the Government without further review or opportunity for a vendor to respond.

8. Offeror submittal Requirements:

In order to be further considered for award, offeror shall submit the following as a part of their quote:

a. Signed 1449.

b. Completed pricing Documents and CLINS.

c. Complete section K of the solicitation (Representations, certifications, and other statements of OFFERORS OR RESPONDANTS)

d. Acknowledge of any solicitation amendments.

e. Confirm compliance with requirements included in the solicitation.

f. If applicable, include GSA Contract number with relevant information to contract.

NOTE: The QUANTITY and UNIT PRICE will be "flipped" under the ITEM DESCRIPTION for this

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CLIN. Therefore, the UNIT PRICE will be represented as $1.00, while the QUANTITY will equal the amount to be obligated under this CLIN as a result of the award. This is done to ensure that the DLA system, EBS/EProcurement, will allow for appropriate invoicing/payment throughout the performance of the awarded purchase order.

9. Invoice Information:

Invoices shall be submitted through Wide Area Workflow (WAWF). See DFARS Clause 252.232-7006 Wide Area Workflow Payment Instructions for detailed instructions on how to submit invoices.

10. Government Contracting POC’s:

Becky Hard Contract Specialist 614-981-1791 Becky.Hard@dla.mil

Mitchell Hatfield Contracting Officer 614-852-9424 Mitchell.Hatfield@dla.mil

Contracting Officer Representative (COR)

Sinan Falah Installation Support Civil Engineer 614-692-8136 Sinan.falah@dla.mil

General Information for Offerors:

FOB Destination is required. Inspection and Acceptance is destination.

SERVICE CONTRACTOR REPORT (SCR), FAR 52.204-14: is not applicable as this award is not expected to exceed the threshold specified in FAR 4.1703

Common Access Card: The Awardee shall not need access to Common Access Cards (CACs) in order to perform. (DLAM 1000.13) is inapplicable to this requirement

Section 508 Compliance: Section 508 of the Rehabilitation Act requires Federal agencies to make their electronic and information technology accessible to people with disabilities. This applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Any/all electronic and information technology procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov

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SP4702-24-Q-0035 4 of 72 mailto:Mitchell.Hatfield@dla.mil mailto:Mitchell.Hatfield@dla.mil

SECTION B

BID FORM

COMMERCIAL INTERNET

BASE YEAR

08/26/2024 – 08/25/2025

CLIN Monthly Price ($) Total Base Year ($)

Total Base Year

OPTION YEAR 1

08/26/2025 – 08/25/2026

CLIN Monthly Price ($) Total Base Year ($)

Total Option Year 1

OPTION YEAR 2

08/26/2026 – 08/25/2027

CLIN Monthly Price ($) Total Base Year ($)

Total Option Year 2

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OPTION YEAR 3

08/26/2027 – 08/25/2028

CLIN Monthly Price ($) Total Base Year ($)

Total Option Year 3

OPTION YEAR 4

08/26/2028 – 08/25/2029

CLIN Monthly Price ($) Total Base Year ($)

Total Option Year 4

Base Year:

CLIN 0001 – ACCOUNT “DSCC MASTER”

A. Building 11, Section 7

• Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) B. Building 46 Fire Station

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater) C. Building 9, Section 1 & 2

• Two (2) High Speed Internet Connections D. Building 61 visitor center –

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 0002 – ACCOUNT “TENNANT – DHRS SERVICE”

A. Building 11, Section 5 & 6

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 0003 – ACCOUNT “TENNANT – MWR SERVICE”

A. Building 507 Pro Shop

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater)

B. Building 49 Buckeye Lodge

1. Three (3) High Speed Internet Service with WiFi (100Mbps or greater)

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CLIN 0004 -- MISCELLANEOUS CLIN

In addition to the work requirements specifically detailed in this statement of work, the Government may elect to require the contractor to perform additional work that is not included with the regular service. Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

Option Year 1

CLIN 1001 – ACCOUNT “DSCC MASTER”

Building 11, Section 7

• Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) Building 46 Fire Station

• One (1) High Speed Internet Service with WiFi (100Mbps or greater) Building 9, Section 1 & 2

• Two (2) High Speed Internet Connections Building 61 visitor center –

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 1002 – ACCOUNT “TENNANT – DHRS SERVICE”

Building 11, Section 5 & 6

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 1003 – ACCOUNT “TENNANT – MWR SERVICE”

Building 507 Pro Shop

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

Building 49 Buckeye Lodge

• Three (3) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 1004 -- MISCELLANEOUS CLIN

Government may elect to require the contractor to perform additional work that is not included with the regular service. Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

Option Year 2

CLIN 2001 – ACCOUNT “DSCC MASTER”

Building 11, Section 7

• Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) Building 46 Fire Station

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

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Building 9, Section 1 & 2

• Two (2) High Speed Internet Connections

Building 61 visitor center –

CLIN 2002 – ACCOUNT “TENNANT – DHRS SERVICE”

CLIN 2003 – ACCOUNT “TENNANT – MWR SERVICE”

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 2004 -- MISCELLANEOUS CLIN

Government may elect to require the contractor to perform additional work that is not included with the regular service. Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

Option Year 3

CLIN 3001 – ACCOUNT “DSCC MASTER”

Building 11, Section 7

• Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) Building 46 Fire Station

• One (1) High Speed Internet Service with WiFi (100Mbps or greater) Building 9, Section 1 & 2

• Two (2) High Speed Internet Connections Building 61 visitor center –

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 3002 – ACCOUNT “TENNANT – DHRS SERVICE”

CLIN 3003 – ACCOUNT “TENNANT – MWR SERVICE”

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

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CLIN 3004 -- MISCELLANEOUS CLIN

Government may elect to require the contractor to perform additional work that is not included with the regular service. Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

Option Year 4

CLIN 4001 – ACCOUNT “DSCC MASTER”

Building 11, Section 7

• Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) Building 46 Fire Station

• One (1) High Speed Internet Service with WiFi (100Mbps or greater) Building 9, Section 1 & 2

• Two (2) High Speed Internet Connections Building 61 visitor center –

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 4002 – ACCOUNT “TENNANT – DHRS SERVICE”

CLIN 4003 – ACCOUNT “TENNANT – MWR SERVICE”

• One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN 4004 -- MISCELLANEOUS CLIN

Government may elect to require the contractor to perform additional work that is not included with the regular service. Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

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SECTION C

PERFORMANCE WORK STATEMENT

COMMERCIAL INTERNET

CSC-24305

1.0 INTRODUCTION

Commercial Internet installation and service is required to be performed in accordance with this Performance Work Statement (PWS) at the Defense Supply Center Columbus (DSCC) Installation.

Installation and Service requirements are identified in Paragraph 5.0, Service and Maintenance. The resultant contract will not be base-wide exclusive. The period of performance for Service Requirements is for one (1) year, with four (4) one (1) year option periods.

We realize that Commercial Internet providers may provide different levels of service, channel line-ups, etc. The Government’s intent is to have open competition for bidding this contract. If any of the information in this document cannot be provided by your specific company, this information and an alternative/clarification shall be submitted for Government approval prior to bids due. Alternatives will not be accepted after award.

2.0 REQUIREMENTS

The Contractor shall provide:

A. A project manager as a point of contact (POC) for all service requests and account actions.

This POC shall submit and track work orders on behalf of DSCC when the COR notifies the POC of an issue.

B. Three accounts for service and one miscellaneous account identified by CLIN0004 shall be set up for ease of reference to areas, reference section 6.0 LOCATIONS for details.

Invoices shall be cost loaded based on the specific accounts/CLINS. There shall be no additional accounts or sub-accounts without the COR’s approval.

C. Equipment and signal for basic internet services in accordance with the rules of the Federal Communications Commission and any other federal laws and regulations.

D. Minimum internet speed of 100Mbps down and 2 Mbps upload.

E. Technical support within 24 hours of trouble call to the POC.

F. Minimum of 98% service reliability and uptime.

G. Invoices in WAWF. The invoice shall be uploaded to WAWF.eb.mil. Paper copies will not be accepted.

3.0 NOT USED.

4.0 INSTALLATION

4.1 The Contractor shall provide:

A. All parts, tools, materials, labor, and transportation to install service at DSCC.

B. Detailed installation and service plans for each building shall be provided to the Government for review fourteen days after date of award. The plans shall include the start and completion dates for each building and identify type, location, and duration of all utility, cable or power interruptions. Interruptions shall be kept at a minimum. The Government shall review and notify the contractor no later than ten (10) days from receipt of the plans.

C. Written notification to the Contracting Officer Representative (COR), a minimum of one

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COMMERCIAL INTERNET

CSC-24305

week prior to all service interruptions that must be made to existing cable/internet service, utilities, and power. The notification shall provide estimated down time.

D. An inventory list with identifier numbers of all existing and new equipment installed.

5.0 DELIVERABLES

The Contractor shall provide the following as identified in Paragraph 4.0:

A. An Installation and Service Plan fourteen days after date of award.

B. Contractor to provide an inventory list with identifier numbers of all existing and new equipment installed.

5.1 SERVICE and MAINTENANCE

The contactor will provide Internet service, maintenance, and support for all locations listed in this PWS. Service under this contract will commence when all new installations have been completed and accepted by the Government. A minimum of 98% service reliability and uptime is required.

5.2 SERVICE INTERUPTION

Due to the nature of business for some activities at DSCC, the contractor will respond, diagnose, and restore service within twenty-four hours of receiving a trouble call from the COR. If interruption is not due to contractor’s equipment/service, contractor shall provide a written cost estimate to repair and restore service within 24 hours of initial trouble call. Any costs for repair shall be approved by the government before work is started. Upon approval of estimate, contractor shall complete work within 24 hours.

6.0 LOCATIONS

The following locations require internet service with additional services identified at specific locations:

CLIN0001 – ACCOUNT “DSCC MASTER”

A. Building 11, Section 7

1. Fifteen (15) High Speed Internet Service with WiFi (100Mbps or greater) B. Building 46 Fire Station

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater) C. Building 9, Section 1 & 2

1. Two (2) High Speed Internet Connections D. Building 61 visitor center –

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN0002 – ACCOUNT “TENNANT – DHRS SERVICE”

A. Building 11, Section 5 & 6

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COMMERCIAL INTERNET

CSC-24305

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater)

CLIN0003 – ACCOUNT “TENNANT – MWR SERVICE”

A. Building 507 Pro Shop

1. One (1) High Speed Internet Service with WiFi (100Mbps or greater) B. Building 49 Buckeye Lodge

1. Three (3) High Speed Internet Service with WiFi (100Mbps or greater)

7.0 MISCELLANEOUS CLIN

In addition to the work requirements specifically detailed in this statement of work, the Government may elect to require the contractor to perform additional work that is not included with the regular service.

Prior to performing these miscellaneous services, the Government will request a proposal from the contractor to complete the work and negotiate a fair and reasonable price.

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SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996) (FAR)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

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SECTION G – CONTRACT ADMINISTRATION DATA

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (DFARS)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS. (DEC 2018) (DFARS)

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

(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.

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SP4702-24-Q-0035 14 of 72 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

(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.

___________2 in 1 Invoice_________________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

___________2 in 1 Invoice_________________________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial 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.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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.

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Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC

SP4702

Admin DoDAAC**

SP4702

Inspect By DoDAAC N/A

Ship To Code

N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC)

SC0707

Service Acceptor (DoDAAC)

SC0707

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

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(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) 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.

__________Sinan Falah – 614-692-8136_________________________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

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SECTION I – CONTRACT CLAUSES

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023) (FAR)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011) (FAR)

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018) (FAR)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014) (FAR)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021) (FAR)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

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(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-22 Alternative Line Item Proposal (Jan 2017) (FAR)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.207-1 NOTICE OF STANDARD COMPETITION (MAY 2006) (FAR)

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52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) (FAR)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

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(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C.