W50S6U21R0008 195WG Lodging.pdf

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Attached to: 195WG Lodging
Solicitation number: W50S6U21R0008
Issued by: Department of the Army National Guard

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SEE ADDENDUM

(No Collect Calls)

W50S6U21R0008 14-Aug-2021

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 23 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W50S6U9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO CA 195 MSC

1784 13TH ST

BLDG 2180

BEALE AFB CA 95903-2180

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

721110

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W50S6U21R0008

Section SF 1449 - CONTINUATION SHEET

SUPPLIMENT TO PWS

ATTACHMENT #3 – Supplement to Performance Work Statement (PWS)

1.0. GENERAL INFORMATION: Below are the physical addresses where members perform duty. Vendors must be in compliance with mileage radius requirement for each region.

REGION 1 - Beale AFB, 17840 13th St. Bldg 2180, Beale AFB, CA 95903 REGION 2 - Mather Field, 10616 Superfortress Ave, Mather, CA 95655 REGION 3 - Vandenberg AFB, 23229 Bishop Road, Vandenberg AFB, CA 93437 REGION 4 - Van Nuys ANGS, 195 OG, 15900 Victory Blvd., Van Nuys, CA 91406 REGION 5 - Los Alamitos, 4622 Constitution Ave Bldg 7, JFTB Los Alamitos, CA 90720 REGION 6 - San Diego, 7288 Convoy Terrace, San Diego, CA 92111-7901

1.0.2 Number of rooms needed. Below Totals are cumulative rooms needed for September, October, and November. Unit lodging representatives will make coordinate with vendor to make reservations.

REGION 1 – CLIN 0001 – 221 Rooms REGION 2 – CLIN 0002 – 42 Rooms REGION 3 – CLIN 0003 – 79 Rooms REGION 4 – CLIN 0004 – 205 Rooms REGION 5 – CLIN 0005 – 87 Rooms REGION 6 – CLIN 0006 – 112 Rooms

1.0.3 Distance from duty location:

REGION 1 - Maximum distance from the unit’s location is within 30 miles REGION 2 - Maximum distance from the unit’s location is within 10 miles REGION 3 - Maximum distance from the unit’s location is within 10 miles REGION 4 - Maximum distance from the unit’s location is within 10 miles REGION 5 - Maximum distance from the unit’s location is within 10 miles REGION 6 - Maximum distance from the unit’s location is within 10 miles

1.0.1. Multiple contract awards are anticipated as a result of this solicitation. Vendors are not required to be able to provide lodging in all regions to submit offer. Submit your offer for only regions where you are able to provide lodging. In accordance with FAR 52.216-27.

1.0.2. Provide your entity informaiton:

CAGE CODE: ___________________________

DUNS: ________________________________

PWS

Performance Work Statement

LODGING SERVICES

DESCRIPTION OF SERVICES: The contractor shall furnish lodging accommodations (single and double occupancy, non-smoking rooms) for authorized 195 Wing Air National Guard (CAANG) unit personnel while performing duty on Regularly Scheduled Drill (RSD) and Rescheduled Drill (RD) training status. RSD/RD status may fall on any day of the month for select individuals, but generally the requirement for lodging exists over the course of (2) days per month. Over these “RSD/RD weekends”, 2 to 4 days of lodging are typically required. The lodging accommodations shall contain living and sleeping areas in accordance with Federal, State, Local, and commercial standards. No more than one person shall be assigned to a single occupancy room. No more than two people shall be assigned to a double occupancy room. The Base Contracting Officer is the final authority for all matters pertaining to this contract. The Government (195 WG) intends to enter into a Firm Fixed Price Contract Agreement that will consist of an initial 90 day period of performance (POP), up to (4) 12 month options will be included to follow this base contract. The performance standards and requirements for the lodging facility include the following:

1.0. GENERAL INFORMATION:

1.1. MINIMUM RATING STANDARD: Qualifying facilities must have a numerical cumulative guest rating of

3.9 or better to be considered. Travelocity was used as the rating platform. Travelocity is a part of the Expedia Group, which includes Expedia.com, Vrbo, Hotels.com, Hotwire.com, Orbitz, Travelocity, and Trivago.

Combined, they account for over a quarter of reviews distributed across the top 10 internet websites. This was large enough to be a reasonable authoritative rating data source.

1.2. RESERVATIONS: Reservations may be cancelled by the Contracting Officer, the Government Designated Lodging Representative (Attachment 2 - Lodging Representatives) or the individual for which the reservation is made. All reservations may be cancelled by giving the lodging facility notice not later than 24 hours before the time the reservation would begin. Reservations cancelled within this specified time will not be charged to the Government.

1.2.1. Government Designated Lodging Representative shall submit room reservations 7 days prior to check in.

Reservation submitted 7 days prior to check are guaranteed by the contractor.

1.2.2. Contractor may accept reservations with less than 7 days prior to check-in; in this case contractor are not required to provide alternate lodging if no rooms are available.

1.2.3. In case of overbooking, guests shall be accommodated in another lodging facility arranged by the contractor, of equal or better quality at no additional expense to the guests or the Government. If guest has no personal vehicle, they shall be transported to the other lodging facility at no additional expense to the guests or the Government. If guests are moved to another lodging facility, the contractor must notify the Contracting Officer or the Government Designated Representative.

1.3. SECURITY: Criminal activity in the locale that constitutes danger to any person, whether or not within the contractor’s ability to control, shall be considered cause for the Government to unilaterally cancel rooms on a monthly basis until the condition in question is resolved or to terminate the contract. Any temporary cancellation of rooms or termination of the contract shall be at no cost to the government.

1.4. UNFORSEEN CIRCUMSTANCES: In case of an unforeseen circumstances the lodging facility shall notify the Contracting Officer or the Government Designated Representative and take action to relocate all guests affected by the unforeseen circumstance to another lodging facility of equal or better quality at no expense to the Government or the guests. If guests are moved to another lodging facility, the lodging facility must notify the Contracting Officer or the Government Designated Representative.

2.0 QUALITY ASSURANCE: The Government will evaluate the contractor’s performance in (3) ways during the performance of this contract. Using periodic inspections and/or customer complaints, monthly quality assurance surveillance plan (QASP) (attachment 1), and contractor performance assessment reporting system (CPARS) (https://www.cpars.gov/). Inspection records will be maintained in the contract file as past performance information may be used in future acquisitions.

2.1 Periodic inspections and/or customer complaints: No notice in-person inspections may occur to validate customer complaints.

3. RECORD KEEPING: Contractor will collect a signature from individual(s) as proof of occupancy. Contractor has latitude of how this will be completed. If multiple days/nights are used concurrently, one signature is acceptable for the entire period.

4. INVOICING: Contractor shall submit to the unit representative an itemized monthly statement. Monthly statement(s) will indicate individual name(s) for every room that is invoiced.

4.1. Monthly statement must be certified by a government representative identified in (attachment 1). Certification can be completed by any reasonable means (email concurrence, digital signature). Monthly statement is created by the vendor, but will include at minimum, the date. Vendor determines the format of the monthly statement.

4.2. Government representative have (3) three business days to return the certified statement to the vendor.

4.2. Invoices shall be submitted using Wide Area Workflow (WAWF) https://cac.piee.eb.mil/.

4.2.1. Invoice will be submitted using the contract line item number (CLIN) that corresponds with the member’s unit.

4.3. Invoice will be submitted 10 days after the conclusion of the month.

4.4. Invoice will include, as an attachment the monthly certified statement

5. FIRE AND SAFETY REQUIREMENTS: Lodging accommodations shall meet fire and safety requirements per the National Fire Protection Association (NFPA) Code 10, Code 70, Code 101 and Code 96 and the Air Force Occupational Safety and Health (AFOSH) Standard 91-1. The Contractor shall comply with all applicable federal, state, and local statutes, ordinances, laws and regulations.

6. GUEST ROOMS: Standard guest rooms shall be a minimum of 270 sq. ft. and contain at minimum:

6.1. Rooms shall be constructed and finished to provide good light illumination, reflection and sound attenuation.

All piping and wiring shall be enclosed. Sufficient electrical outlets and light switches shall be provided. All electrical cords, bulbs, lights, outlets, and switches shall be in good, operational condition.

6.2 Rooms shall be free of damage and all floors, ceilings, and walls shall be clean and in good, serviceable condition.

6.3 Hotel room entry doors shall be entered through an interior hallway. Entrance doors to guest rooms shall be equipped with both a primary lock and a secondary deadbolt lock. If the guest room has sliding glass or French doors they shall be equipped with an effective locking device. Doors to connecting guest units or maintenance corridors shall be equipped with a deadbolt lock. The entrance door to the guest room shall be equipped with a view port or window convenient to the door. All doors, exterior and interior, shall be free from holes, dents, or other physical defects. Emergency procedures, exit diagram and location of fire extinguishers shall be posted on entrance doors (applies only to lodging facilities with interior rooms). The room number shall be posted on or near the entrance door.

6.4. Windows overlooking a common walkway or in a ground floor room shall be equipped with a functional lock.

Windows shall be well maintained, with no cracks or other defects. Drapes with blackout lining, shades or blinds shall be provided. If only drapes are provided, they shall screen out light. All window coverings shall be in good serviceable condition, free from tears or excessive wear.

6.5. Individual room-controlled heating/air conditioning units with the necessary ventilation to maintain comfort for occupants. Air filters shall be free from damage, the proper size, and be replaced or cleaned in accordance with manufacturer’s recommendations.

6.6. Adequate closet or hanger space and a dresser or drawer space. At least one luggage rack or equivalent bench space.

6.7. Means for occupants to indicate when they are not to be disturbed, for example, a “Do Not Disturb” sign. The lodging facility employees shall respect the signs when displayed.

6.8. Double occupancy rooms shall contain at least 2 beds, one for each guest. Each bed shall have a firm mattress with box springs, mattress pad or cover, two pillows, and sufficient bed linens.

6.9. Each room occupant will be provided a room key.

6.10. Room reservations will be on the second floor or higher.

7. PARKING FACILITY: Parking facilities shall be paved, marked and adequately lighted. Each parking space shall receive at least indirect light. Adequate parking spaces shall be available for all guests. Free parking shall be available for guests.

8. LODGING FACILITY SERVICES: The following services shall be offered:

8.1. The lodging facility shall provide check in/out service on a 24 hour basis, 7 days a week. The desk area shall be clean and sufficiently staffed with trained personnel. The lodging facility shall inform all government guests’ assigned accommodations under this contract, of the required check out time. Government guests, who incur another day's charge because of failing to meet the required check out time, do so at their own expense. The Government incurs no liability in this instance.

8.2. The lodging facility shall provide wake-up and message service on a 24 hour basis, 7 days a week.

8.3. The lodging facility shall provide a means of storing and safeguarding guest valuables. Safety deposit boxes may be provided at the front desk or in each guest room. If safety deposit boxes are in the front desk, a receipt for the stored items shall be furnished to the guest.

8.4. The lodging facility shall be equipped to provide a means of storing and securing luggage for guests when ready rooms are not available or at checkout. A receipt for the stored items shall be furnished to the guest.

8.5. The lodging facility shall provide upon request an ironing board and iron if not available in the guest room.

They shall have a first aid kit at the front desk in case of emergencies.

8.6. The lodging facility shall provide upon request an information packet that contains information about local restaurants, shopping areas, and entertainment. They shall provide upon request a commercial telephone directory.

Desk clerks shall be able to explain to guests miscellaneous charges not covered by the PWS, for example, long distance personal phone charges.

8.7. The lodging facility shall provide management and staff personnel that present a neat appearance and operate ethically and professionally. They shall provide attentive, conscientious attention to guest service.

9. HOUSEKEEPING SERVICES:

9.1. Guest Room. All surfaces shall be clean and stain, dust and mildew free, including but not limited to floors, walls, ceiling, doors, windows, window sills, baseboards, chair rails, heating/air conditioning systems, vents, blinds, ceiling fans, light fixtures, switch plates, furniture, upholstery, knick-knacks, decorative items, silk and real plants, etc. Rooms shall be fresh smelling, free of odors from dirt, mildew, mold, poor sanitation, or heavy deodorizers. Rooms and furniture shall be free from insects, rodents and other pests. Daily services include, but are not limited to: room cleaning, bed making, linen change if required, and replenishment of amenities, toiletries, and supplies.

9.2. Bathrooms shall be clean with no mildew, dust, rust, soap scum, stains, or grimy film on fixtures, ceiling, walls, or floors. The wastebasket shall be lined and emptied daily. Bathroom shall be fresh smelling, free of odors from dirt, mildew, mold, poor sanitation, faulty plumbing, or heavy deodorizers.

10. OTHER AREAS (RESTAURANT, DINING AREA, SWIMMING POOL, SPAS, FITNESS CENTER,

LAUNDRY ROOM, ICE MACHINES, VENDING MACHINES, ETC): These areas are not a requirement;

however, if on premises, they must be well maintained and meet general standards of safety, quality, and cleanliness.

11. LINEN SERVICE: Bed sheets and pillow cases shall be washed at least once per week or when occupancy changes, whichever occurs first, and whenever necessary due to guest personal requirements. They shall be in good repair, free from tears, rips, holes and extensive wear. All blankets, mattress covers, and bedspreads shall be clean, without any objectionable odors, and in good repair, free from tears, rips, holes, stains, and extensive wear.

Additional blankets shall be provided if requested by guest. Freshly laundered bath and hand towels and wash cloths shall be provided daily. Dirty linen must not contaminate the facility or clean linen when it’s handled, stored, and transported.

11.1 The lodging facility shall follow the following procedures:

11.1.1 Clean and dirty linen shall be kept separate on housekeeper carts.

11.1.2. Clean and dirty linen shall be kept separate within linen room.

11.1.3. Hand washing facilities shall be available in the linen room.

11.1.4. Linen handling is located as to prevent steam, odors, lint and objectionable noises from reaching personal living and guest rooms.

12. ADDITIONAL SERVICES: All additional services not specified in this PWS, or not included in the standard commercial room rate, shall be paid by the guest requesting and receiving the extra service.

ANDREW L. MCFARLAND, SMSgt, CA ANG Requirement Developer

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 221 Unit Region 1 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 221 units.

FOB: Destination

MFR PART NR: UNIT

SIGNAL CODE: A

PSC CD: V231

NET AMT

0002 42 Unit Region 2 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 42 units.

FOB: Destination

MFR PART NR: UNIT

0003 79 Unit Region 3 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 79 units.

FOB: Destination

MFR PART NR: UNIT

0004 205 Unit Region 4 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 205 units.

FOB: Destination

MFR PART NR: UNIT

0005 87 Unit Region 5 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 87 units.

FOB: Destination

MFR PART NR: UNIT

0006 112 Unit Region 6 Room Rate

FFP

Cost per unit of lodging. On provided line enter - price per unit of issue / total cost for 112 units.

FOB: Destination

MFR PART NR: UNIT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

0005 Destination Government Destination Government 0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2021 TO

31-DEC-2021

N/A N/A

FOB: Destination

0002 POP 01-SEP-2021 TO

31-DEC-2021

0003 POP 01-SEP-2021 TO

0004 POP 01-SEP-2021 TO

0005 POP 01-SEP-2021 TO

0006 POP 01-SEP-2021 TO

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.216-27 Single or Multiple Awards OCT 1995 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.243-4 Changes JUN 2007 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

JAN 2021

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

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

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of SMSgt Barry Beale and shall not be binding until so approved.

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

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

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

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

(ii) For covered services--

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

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

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

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

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

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

(2) The management and daily business operations of which are…

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