UPS_Combined Synopsis Solicitation_Final.pdf

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

The Mission and Installation Contracting Command – Fort Eustis, VA intends to procure Uninterruptible Power Supplies (UPS) Maintenance Services for the Training and Doctrine Command (TRADOC) Headquarters (HQ).

Proposal shall be submitted to the points of contact and deadline identified below.

Question Submission Deadline: 15 January 2025 at 10:00am Eastern Proposal Submission Deadline: 10 February 2025 at 2:00pm Eastern

POCs:

Miss Hunter Langdon, Contract Specialist, hunter.m.langdon.civ@army.mil Curtis M. Arthur II, Contracting Officer, curtis.m.arthur.civ@army.mil

Date: 6 January 2025 Contracting Office Address: 705 Washington Blvd, Suite 126W, Fort Eustis, VA 23604 Subject:

Solicitation: The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07.

Contract Award Date: Award is anticipated to be issued no later than 15 April 2025.

Description:

• PSC: J061

• NAICS and Small Business Size Standard: 811210, $34M

• Set-Aside Type: 100% Total Service Disabled Veteran Owned Small Business

(SDVOSB)

• Period of Performance:

o Base Period (12 Months): 27 April 2025 - 26 April 2026 o Option Year 1 (12 Months): 27 April 2026 - 26 April 2027 o Option Year 2 (12 Months): 27 April 2027 - 26 April 2028 o Option Year 3 (12 Months): 27 April 2028 - 26 April 2029 o Option Year 4 (12 Months): 27 April 2029 - 26 April 2030 https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

Provisions and Clauses included by Reference:

• 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

• 52.204-7, System for Award Management

• 52.204-13, System for Award Management Maintenance

• 52.204-16, Commercial and Government Entity Code Reporting

• 52.204-18, Commercial and Government Entity Code Maintenance

• 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

• 52.204-22, Alternative Line Item Proposal

• 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

• 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

• 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services

• 52.212-2, Evaluation-Commercial Products and Commercial Services

• 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services

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

• 52.219-28, Post-Award Small Business Program Rerepresentation

• 52.232-18, Availability of Funds

• 52.232-39, Unenforceability of Unauthorized Obligations

• 52.233-4, Applicable Law for Breach of Contract Claim

• 52.252-3, Alterations in Solicitation

• 52.252-5, Authorized Deviations in Provisions

• 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

• 252.204-7003, Control Of Government Personnel Work Product

• 252.204-7004, Antiterrorism Awareness Training for Contractors

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

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

Additional contract requirement(s) or terms and conditions:

• Not applicable.

Provisions and Clauses in Full Text:

Addendum to 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP 23):

A. Proposal Submittal and Inquiries

A.1. This is a solicitation to provide the U.S. Army Training and Doctrine Command (TRADOC), Headquarters located at Fort Eustis, VA with Uninterruptable Power Supplies (UPS) Maintenance Services.

A.1.1. The Government intends to award one (1) firm fixed price purchase order to one (1) Service Disabled Veteran Owned Small Business (SDVOSB) contractor. Offerors shall comply with the instructions provided in this solicitation.

A.1.2. Although negotiations may be held, the Government reserves the right to not go into negotiations. Therefore, offerors initial proposal shall contain the best terms from a price and technical standpoint. The resulting purchase order will include a 12-month base period, and four (4) 12-month option years.

A.1.3. The proposal shall be submitted electronically via email to the Contracting Office no later than the date and time specified below:

A.1.3.1. Proposals shall be submitted via email no later than 2:00pm EST, 10 February 2025 to both points of contacts identified below:

Contracting Officer: Mr. Curtis Arthur II, curtis.m.arthur.civ@army.mil Contract Specialist: Miss Hunter Langdon, hunter.m.langdon.civ@army.mil

A.1.4. The proposal (including Price) shall be valid for a minimum of 90 calendar days after the date specified for receipt of proposal.

A.1.5. Questions regarding this solicitation must be submitted in writing and directed via e-mail to the point of contacts identified above. All correspondence shall reference this solicitation. The Government may not respond to questions submitted after this date. All questions will be answered electronically in writing.

A.1.6. The award of this solicitation is anticipated to be on or about 15 April 2025.

A.1.7. The Government will not reimburse costs incurred for proposal preparation.

A.1.8. The Offeror shall complete the requirements for FAR 52.212-3, FAR

52.204-26, FAR 52.204-24, DFARS 252.204-7016, DFARS 252.204-7017

https://www.acquisition.gov/far/part-52#FAR_52_212_1 mailto:curtis.m.arthur.civ@army.mil mailto:hunter.m.langdon.civ@army.mil and DFARS 252.239-7009. These requirements are excluded from the page limitations.

B. General Instructions B.1. The submission of the documentation specified below will constitute the

Offeror’s acceptance of the terms and conditions of the solicitation, concurrence with the Performance Work Statement (Attachment 1), Specifications, and contract type.

B.2. Instructions outlined in section C below, prescribe the format for the proposal and describes the approach for the development and presentation of the proposal. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of the proposal.

B.3. If the Offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Offeror shall immediately notify the Contracting Officer in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without negotiations.

C. Offeror Preparation Instructions C.1. Offeror’s submission shall consist of four (4) volumes:

Volume 1 – General Volume Volume 2 – Technical Capability (Factor 1) Volume 3 - Past Performance (Factor 2) Volume 4 – Price (Factor 3)

C.2. Submission Format:

C.2.1. Offeror shall submit proposal via email in accordance with paragraphs below.

C.2.2. Exceptions. Proposal is required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified areas of evaluation. Failure to meet a requirement may result in an offer being ineligible for award. If the Offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify the applicable Volume and exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. The Offeror is cautioned that taking an exception may render the proposal ineligible for award. It is recommended that the Offeror contact the Contracting Officer immediately/prior to solicitation closing upon identifying an area that may result in an exception. This information shall be provided in the format below.

Table 1 - RFQ Exceptions Solicitation Document

Page/Paragraph Requirement/Portion Rationale & Impact

PWS Applicable page and paragraph number

Identify the requirement or portion to which exception is taken

Describe the rationale and impact of the exception

C.2.3. The proposal shall be organized into four (4) volumes. A coversheet shall be provided with each volume that clearly marks the volume number, title, solicitation number, the Offeror’s name, UEI, Cage Code, Business Size, Business Type (e.g.: SDVOSB), and Point of Contact (with phone number and email address). All text shall be single spaced and in black font. Black font requirement does not apply to graphics, photos, etc., Company stationary and logos are acceptable. Font shall be easily readable (12-pitch font, non-compressed). Cross-references should be utilized to preclude unnecessary duplication of data between sections. Proposal volumes shall be sent via email and following the guidelines provided in Table 2. The file name shall be “Company Name – Initial – Volume X” for the first submission. X being the volume number. The file name of later submissions (if necessary), shall be “Company Name – Revision Y – Volume X’ with Y indicating the number of revision. Page limitations are as follows.

Table 2 - Solicitation Page Limitations Volume Title Page Limit Format Sections

1 General NTE 5 PDF General Information Exceptions/Assumptions Provisions/Clauses

2 Technical Capability

NTE 20 PDF Technical Capability

3 Past Performance

NTE 6 PDF Three (3) Past Performance References

4 Price Unlimited PDF & Excel

Pricing Narrative Completed Pricing Worksheet

*NOTE: NTE – Not to Exceed C.2.4. Proposal Limitation. The proposal shall not exceed the limits stated above.

If the page limits are exceeded, the pages in excess of the limit shall be unread. The Government will not accept any changes to the offeror’s proposal after the closing date of the solicitation.

C.2.5. Page Limit Includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc.

C.2.6. Page Limit does not include: covers for volumes, tables of contents, glossary of abbreviations and acronyms, resumes for Key Personnel, sample quarterly/annual report, and section dividers if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. Pages will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.

C.2.7. What Counts As A Page? A page shall be an 8 ½” X 11” sheet of paper.

Font size for text must be size 10 or larger. Letter size and spacing requirements for illustrations and tables can be at the discretion of the Offeror but must be easily readable. Margins shall be at least 1inch on the top and bottom and 3/4 inch on the side. The Offeror shall number each page in order to eliminate any confusion. In the event an Offeror creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

C.2.8. Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and acronyms used, with a definition for each.

This is not included in the total page count.

D. Proposal Content D.1. Volume 1 – General: The General Volume shall be organized as follows and contain the identified information:

D.1.1. General Offeror Information— The Offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually.

Also, identify those individuals authorized to negotiate with the Government.

D.1.2. Exceptions and Assumptions (if required) – The Offeror shall identify and explain any exceptions, deviations or assumptions used in preparing its proposal.

D.1.3. Provisions/Clauses – The Offeror shall complete any necessary provisions or clauses listed in this document.

D.2. Volume 2 – Factor 1 - Technical Capability D.2.1. The Offeror shall describe and demonstrate a complete understanding of, knowledge, and familiarity with all PWS (performance work statement) Section 5 tasks. The Offeror shall describe in detail the methodology proposed to implement to include the following:

D.2.1.1. The degree to which the offeror, after its analysis of all PWS Section 5 requirements, comprehends requirements.

D.2.1.2. Whether the offer contains an adequate process that would allow it to have the ability to plan, prepare, and execute operations to meet all requirements described in Section 5 of the PWS.

D.2.2. The Offeror shall provide a sample quarterly and annual report that shows how all PWS Section 5 items will be reported.

D.2.3. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered technically unacceptable. Offeror shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s submission. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

D.3. Volume 3 – Factor 2 - Past Performance D.3.1. The Offeror shall provide information on three (3) previous contracts (or specific TOs) within an effort that is relevant and recent to the effort required by this solicitation; the contracts provided were performed within the last three (3) years from the closing date of this solicitation. The following information shall be submitted with all past performance references:

Name of Offeror Contract Number and/or Task Order Number, award date, and contract type.

Annual Cost/Price AND Total Contract/TO Value.

Period of Performance.

Description of Work – Offerors shall provide a detailed explanation demonstrating the similarity of the contract in terms of scope and magnitude to the requirements of the solicitation for purposes of establishing relevancy.

Rational supporting assertion that the past performance references are relevant to the UPS requirement as defined within this solicitation.

Point of Contact information to include the names, current phone numbers, and email addresses for references.

D.3.2. The Government reserves the right to consider past performance information from other sources when evaluating Offerors’ past performance.

D.3.3. If the Offeror has no recent or relevant past performance, it shall affirmatively state that it possesses no recent and relevant past performance.

D.4. Volume 4 – Factor 3 - Price D.4.1. This volume shall contain all required pricing information described below. The Offeror shall ONLY include pricing information in Volume 4.

D.4.2. Certified cost or pricing date is not required. The Offeror shall provide data reasonably required to explain the price estimating process to include data related to prices (e.g. established catalog or market prices, hours by labor category).

D.4.3. The Offeror shall identify each labor category subjected to the Service Contract Labor Standards. The Offeror shall provide this information for any additional labor categories used in staffing the requirement. For labor categories that are non-exempt under this contract, calculate price using the wage determination for the specific location the individual will be assigned. Go to www.SAM.gov to locate the applicable wage determination.

D.4.4. The fully burdened labor rates proposed for each year cannot be adjusted except for instances where the labor categories are subject to the Service Contract Labor Standards and a revision is permitted under the provisions of FAR Clause 52.222-41 – Service Contract Labor Standards and FAR Clause 52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts). Therefore, the Offeror is cautioned to include inflation where warranted.

D.4.5. The Price Volume shall be organized as follows:

D.4.5.1. The Offeror is required to submit a price narrative (PDF format) and a completed Pricing Worksheet (Attachment 2 is an Excel Spreadsheet). The Pricing Worksheet contains Contract Line Item Numbers (CLINs) for Phase-in, Base Year, and Option Years.

D.4.5.2. Battery Replacements (Life-cycle and Emergency) are anticipated;

therefore, the Government has included these amounts as detailed in the table below. All offerors are to propose the Battery Replacement amounts as identified in the table below for all identified Battery Replacement CLINs, on the base and option periods.

Table 3 - Battery Replacements

Life-Cycle Battery Replacement (NTE)

Emergency Battery Replacement (NTE)

Base Year $10,000.00 $20,000.00

Option Year 1 $10,000.00 $20,000.00

Option Year 2 $10,000.00 $20,000.00

Option Year 3 $10,000.00 $20,000.00

Option Year 4 $10,000.00 $20,000.00

(END OF ADDENDUM)

Addendum to 52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 21):

A. BASIC FOR CONTRACT AWARD

A.1. The basis for award will be Lowest Price Technically Acceptable. A rating of

“Unacceptable” in Factor 1 and/or Factor 2 shall render the proposal ineligible for award.

A.2. The Government will evaluate the proposed price for completeness and reasonableness using price analysis techniques identified in FAR 13.106. The price must be determined to be at a fair market value for the effort.

B. EVALUATION CRITERIA

B.1. Factor 1 - Technical Capability. The Government will assess the Offeror’s ability to perform by evaluating its technical understanding relative to a method of operations that demonstrates the Offeror’s knowledge of and understanding of the requirements set forth in the PWS.

B.1.1. The Offeror will be evaluated on the accuracy, comprehensiveness, and feasibility of its response to the Technical Capability requirements described in the Instruction section of this solicitation.

B.1.2. Factor 1 will be evaluated IAW the ratings and descriptions provided in the table below.

Rating Description Acceptable Proposal meets the requirements of the solicitation Unacceptable* Proposal does not meet the requirements of the solicitation https://www.acquisition.gov/far/part-52#FAR_52_212_2

*A rating of Unacceptable in Technical Capability ends evaluation for the Offeror.

B.2. Factor 2 - Past Performance.

B.2.1. Past Performance evaluation will assess the probability of the Offeror meeting the solicitation’s requirements by examining how well the Offeror has performed recent and relevant contracts. (It will be evaluated using the table below.) Past Performance is assessed at the factor level using the definitions below. Offerors are cautioned that in conducting performance risk assessment, the Government may use data provided in the Offeror’s proposal as well as data obtained from other sources. Past Performance areas of evaluation include:

- Quality of Service

- Schedule

- Customer Satisfaction

B.2.2. Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the closing date of this solicitation. Past Performance information that fails this condition will not be evaluated.

B.2.3. Relevancy Assessment. To be relevant, the effort must be similar in nature of work, scope, and magnitude. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature of work, scope, and magnitude to the services being procured under this solicitation.

B.2.4. Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “Acceptable.”

B.2.5. Factor 2 will be evaluated IAW the ratings and descriptions provided in the table below.

Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

B.3. Factor 3 - Price.

B.3.1. In accordance with FAR 15.404-1, the offeror’s price proposal will be evaluated to determine if reasonable, complete and balanced using price analysis techniques. In addition, the price proposals will be analyzed for errors, omissions, and mistakes. Price will not be score or rated.

Unreasonably high, unbalanced, inaccurate or incomplete price proposals may be grounds for eliminating a proposal from competition.

B.3.1.1. The offeror’s proposed price will be evaluated on the basis of price reasonableness. The evaluation may include, but is not limited to:

B.3.1.1.1. Price comparison with other offerors B.3.1.1.2. Comparison with Independent Government Estimate (IGE)

B.3.1.2. The Government will evaluate the price, for award purposes, by adding the total price for the Base Year CLINs, and Option Year CLINs and comparing the total prices proposed for all of the Offerors found to be technically acceptable. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

B.3.1.3. Evaluation of Option to Extend Services under FAR 52.217-8. For the purposes of the award of this contract, the Government intends to evaluate the option to extend services provided under FAR 52.217-8, as follows: by adding one-half of the Offeror’s final 12-month option period prices to the total proposed price. Thus the Offeror’s total evaluated price will include an additional 6-month period that the Offeror does not need to include in its Attachment 2.

Offerors shall not propose a price for this additional 6-month period.

Offerors are required only to price Base Year CLINs, and Option Year CLINs. The evaluation will consider the possibility that the option can be exercised at any time during any contract performance period and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The Government may choose to exercise the Extension of Services at the end of any performance period (base or option period).

(END OF ADDENDUM)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 23):

(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.] X (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).

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

X (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.)

X (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).

X (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).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

X (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).

X(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.

X(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).

X (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] X_ (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.

X_ (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.

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

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

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

X_(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C.

637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

X (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

X (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C.

3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712).

(iii) 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)).

(iv) 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).

(v) 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).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793).

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acqusition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acqusition.gov

(End of clause)

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

(a) Definitions. As used in this clause— “Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.

http://www.acqusition.gov/ http://www.acqusition.gov/

“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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.

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…