W50S73-23-R-0002 124th OHWS Combo--12 Apr 23.pdf

(i) This is a combined synopsis/solicitation for commercial services 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 Government intends to use simplified acquisition procedures in accordance with FAR 13.106 and 13.5.

(ii) W50S73-23-R-0002 is issued as a request for proposals (RFP).

(iii) This solicitation incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2023-01.

(iv) This is a 100% small business set-aside and the associated NAICS code is 621340 and the small business size standard is $12,500,000.00

(v) Contract line-item numbers (CLIN):

CLIN 0001 (Base Year) - QTY 12 - UNIT OF ISSUE MONTH – The contractor shall provide all non-personal services to include labor, equipment, and materials to accomplish the following OHWS Services, Base Period.

CLIN 1001 (Option Year 1) - QTY 12 - UNIT OF ISSUE MONTH - The contractor shall provide all non-personal services to include labor, equipment, and materials to accomplish the following OHWS Services, Option Period 1.

CLIN 2001 (Option Year 2) - OTY 12 - UNIT OF ISSUE MONTH - The contractor shall provide all non-personal services to include labor, equipment, and materials to accomplish the following OHWS Services, Option Period 2.

CLIN 3001 (Option Year 3) – QTY 12 – UNIT OF ISSUE MONTH – The contractor shall provide all non-personal services to include labor, equipment, and materials to accomplish the following OHWS Services, Option Period 3.

CLIN 4001 (Option Year 4) – QTY 12 – UNIT OF ISSUE MONTH - The contractor shall provide all non-personal services to include labor, equipment, and materials to accomplish the following OHWS Services, Option Period 4.

ATTACHMENTS:

1. 124th OG OHWS Performance Work Statement (PWS)—12 Apr 23

2. 124th OG OHWS Price Schedule—12 Apr 23

3. SCA WD#2015-5503 Rev19—27 Dec 22

(vi) The OHWS initiative is designed to improve quality of life and readiness by decreasing injury rates, most notably for the high rate of spine injuries incurred by fighter pilots. OHWS is designed to meet the unique physical needs of fighter jet pilots. Fitness and conditioning are accomplished through a comprehensive, coordinated, multi-disciplinary physical training program focused on the movement and strengthening of the spinal musculoskeletal system. The purpose of providing the services of OHWS to our rated pilots is to reduce frequency and severity of injuries and time lost from service, improve long term quality of live, optimize human performance/ readiness, avoid injury prior to occurrence, increase pilot production, and support pilot retention. See attached performance statement of work for description and specifications of requirements.

(vii) The anticipated Period of performance for this contract will start 1 June 2023 at Gowen Field Bldg. 400, Boise, ID 83705. A pre-proposal site visit is not planned for this requirement.

Please have questions submitted NLT 27 April 2023 at 1000 HRS MST. Questions should be submitted via email to the following email address. Jeffrey.dehaven.2@us.af.mil

(viii) The provision at FAR 52.212-1, Instructions to Offerors -- Commercial Products and Commercial Services (Mar 2023), applies to this acquisition and the following provisions apply to this acquisition and are added by reference:

(ix) The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021), applies to this acquisition:

(a) The Government will award one single award contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation represents the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Each proposal will be evaluated using technical rating definitions. To support the adjectival rating, strengths and weaknesses shall be noted in the evaluations.

Contractors are not required to provide all three of the specialties listed in section 5.0 of the PWS, but are required to offer at a minimum Physical Therapy and Strength and Conditioning, in order to submit a quote for this contract. Any quote that does not offer this minimum level of service will not be considered for contract award.

(1)Technical Capabilities Rating Definitions. The Technical Capabilities Factor rating will be expressed as an adjectival assessment of: Outstanding, Good, Acceptable, or Unacceptable.

i. Outstanding - A proposal that meets or exceeds all of the Government's requirements, contains extensive detail, demonstrates a thorough understanding of the services, and is highly feasible (low risk).

ii. Good - A proposal that meets or exceeds all of the Government's requirements, contains at least adequate detail, demonstrates at least an understanding of the services, and is at least feasible (low to moderate risk).

iii. Acceptable - A proposal that at least meets all of the Government's requirements, contains at least minimal detail, demonstrates at least a minimal understanding of the services, and is at least minimally feasible (moderate to high risk).

iv. Unacceptable - A proposal that contains a major error(s), omission(s) or deficiency(ies) that indicates a lack of understanding of the services or an approach that cannot be expected to meet requirements or involves a very high risk.

The evaluation process shall consider the following:

i. Key Personnel – Resumés of the key personnel such as the Business Owner or Project Manager and Lead Physical Therapist or Athletic Trainer shall be provided. The resumés should detail each key personnel’s experience performing similar functions as required by the Performance Work Statement both with the company and outside of the company.

The resumés should also state the number of years of experience working with military pilots or elite collegian or professional athletes or Special Forces personnel, and with programs similar to optimizing the human weapon systems program or those specifically designed to deal with neck and back issues similar to those experienced by fighter aircrew.

Rating:

Strengths:

Weaknesses:

ii. Project Management and Staffing and Startup Operations Plan – The offeror shall provide a written description of how work is to be performed to include the type(s) of discipline(s) or profession(s) to be employed, the minimum credentials and experience each employee must possess, and the offeror’s ability to effectively manage the contract and the contractor employee(s). The offeror shall include a description of any special technical training that will be provided to new or existing employees to ensure they are adequately prepared to provide services under the contract. The staffing and startup operations plan shall detail what services are to be provided by the prime contractor and any subcontractors. The plan shall provide a proposed schedule for startup operations and describe how planned and un-planned time off request for Contractor Employees will be processed. The plan shall also explain whether the Contractor intends to provide a replacement Contractor Employee during time off requests. The Contractor shall include a daily dollar amount to be subtracted from monthly invoices for unstaffed days not reflected in the Contractor’s pricing for each period of performance. The proposal shall be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal shall be evaluated to determine the level of confidence provided the Government with respect to the offeror's methods and approach in successfully meeting and/or exceeding the requirements in a timely manner. Staffing Plans that provide for a minimum of 50 weeks of coverage will be looked at more favorably than those that do not.

Rating:

Strengths:

Weaknesses:

iii. Project Equipment and Supplies Plan – The proposal shall provide a detailed description of the equipment and supplies provided by the Contractor needed to perform all services as described in the Performance Work Statement. The plan shall also demonstrate the capability to provide strength and conditioning for the neck and back.

Rating:

Strengths:

Weaknesses:

iv. Understanding of Required Work and Reporting Requirements – The offeror shall provide in their proposal sufficient information to demonstrate their clear understanding of all requirements involved in providing the optimizing the human weapons system services as well as the reports that must be supplied to the Government (see Technical Exhibit 2 in the PWS). Proposals will be evaluated to determine the extent to which the offeror demonstrates their clear understanding of these requirements.

Rating:

Strengths:

Weaknesses:

(2) Past Performance - Past performance information as identified in CPARS and FAPIIS for the last three years shall be rated (acceptable or unacceptable); Offerors with no past performance record in CPARS or FAPIIS shall be rated as acceptable. If CPARS or FAPIIS information is addressed in FAPIIS, the government reserves the right to evaluate responses.

(3) Price. Price will be evaluated on a total price basis including all options. Options shall be priced separately in proposals.

(x) The provision at FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022), applies to this acquisition. Offeror shall complete the annual representations and certifications electronically via the System for Award Management (SAM) Web site accessed through https://www.sam.gov prior to contract award.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022), applies to this acquisition.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2023) applies to this acquisition:

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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.]

☒(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).

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

3509)). Page 33 of 42

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

☒(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐(5) [Reserved].

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

☐(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☒(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

(OCT 2018) (41 U.S.C. 2313).

☐(10) [Reserved].

☐(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

☐(12) 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).

☐(13) [Reserved]

☒(14) (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.

☐(15) (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.

☒(16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

☐(17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 2021) of 52.219-9.

☐(18) (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.

☒(19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

☐(20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.

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

☐(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

☒(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a) (2)).

☐(ii) Alternate I (MAR 2020) of 52.219-28.

☐(23) 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)).

☐(24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

☐(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

☐(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

☒(27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

☒(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☒(30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

☐(ii) Alternate I (FEB 1999) of 52.222-26.

☒(31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

☐(ii) Alternate I (JUL 2014) of 52.222-35.

☒(32) (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.

☒(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☒(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

☒(35) (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).

☐(36) 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.)

☐(37) (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.)

☐(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

☐(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

☐(ii) Alternate I (Jun2014) of 52.223-14.

☐(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

☐(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

☐(ii) Alternate I (JUN 2014) of 52.223-16.

☒(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

☐(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

☐(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

☐(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.

☐(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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 (JAN 2021) of 52.225-3.

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

☐(50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐(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 (Nov2007) (42 U.S.C. 5150).

☒(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐(56) 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).

☐(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☒(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

☐(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul2013) (31 U.S.C. 3332).

☐(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

☐(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

☐(63) (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.]

☒(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☒(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) (29 U.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).

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

☒(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (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).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

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

13706).

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

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

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

(xxi) 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.

(xxii) 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.

(xiii) The following clauses are added by reference:

FAR 52.202-1, Definitions (Nov 2013)

FAR 52.203-3, Gratuities (Oct 2015)

FAR 52.203-6, Alt I Restrictions on Subcontractor Sales to the Government - Alt I

FAR 52.203-12 Limitation on payments to Influence Certain Federal Transactions (Jun 2020)

FAR 52.203-18 Prohibition on Contracting with Entities that Required Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

FAR 52.204-4, Printed or Copied Double Sided on Post-consumer Fiber Content Paper (May 2011)

FAR 52.204-7, System for Award Management (Jul 2013)

FAR 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

FAR 52.204-13, System for Award Management Maintenance (Jul 2013)

FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2015)

FAR 52.204-17 Ownership or Control of Offeror (Aug 2020)

FAR 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

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

FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-- Representation (Nov 2015)

FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

FAR 52.209-6, Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations-- Representation (Nov 2015)

FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

FAR 52.217-5, Evaluation of Options (Jul 1990)

FAR 52.219-1 Alternate I, Small Business Program Representations (Sep 2015)

FAR 52.219-1 Small Business Program Representations (Nov 2020) – Provision

FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)

FAR 52.219-8, Utilization of Small Business Concerns (Nov 2011)

FAR 52.219-28, Post-Award Small Business Program Representation (Jul 2013)

FAR 52.222-3, Convict Labor (Jun 2003)

FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (May 2014)

FAR 52.223-5, Pollution Prevention and Right to Know Information (May 2011)

FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (Aug 2011)

FAR 52.224-1 Privacy Act (Apr 1984)

FAR 52.224-2 Privacy Training (Jan 2017)

FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in certain Activities or Transactions Relating to Iran-Representation and Certifications (Oct 2015)

FAR 52.228-5, Insurance--Work on a Government Installation (Jan 1997)

FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013)

FAR 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

FAR 52.232-1 Payments (Apr 1984)

FAR 52.232-8 Discounts for Prompt Payment (Feb 2002)

FAR 52.232-17 Interest (May 2014)

FAR 52.232-18, Availability of Funds

FAR 52.232-23 Assignment of Claims (May 2014)

FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

FAR 52.232-39, Clause for Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.233-1 Disputes (May 2014)

FAR 52.233-3, Protest After Award (Aug 1996)

FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.237-1, Site Visit (Apr 1984)

FAR 52.237-2, Protection of Government Buildings Equipment and Vegetation (Apr 1984)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.245-1, Government Property, Alt I (Apr 2012)

FAR 52.245-9, Use and Charges (Apr 2012)

FAR 52.246-4 Inspection of Services- Fixed-Price (Aug 1996)

FAR 52.249-8, Default (Fixed-Price Supply and Service) (Apr 1984)

DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991)

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011)

DFARS 252.203-7994, Prohibition on Contracting with Entities that require Certain Internal Confidentiality Agreements – Representation (DEVIATION 2017-O0001) (Nov 2016)

DFARS 252.204-7000 Disclosure of Information (Oct 2016)

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

DFARS 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (Feb 2019)

DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Dec 2015)

DFARS 252.204-7011, Alternative Line-Item Structure (Sep 2011)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2015)

DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (Feb 2014)

DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation (Dec 2019)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation (Dec 2019)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Dec 2019)

DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019)

DFARS 252.211-7007, Reporting of Government Furnished Property (Aug 2012)

DFARS 252.222-7007, Representation regarding Trafficking in Persons (Jan 2015)

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014)

DFARS 252.225-7012, Preference for Certain Domestic Commodities (Aug 2016)

DFARS 252.225-7031, Secondary Arab Boycott of Israel (Jun 2005)

DFARS 252.225-7048, Export-Controlled Items (JUNE 2013)

DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (Oct 2015)

DFARS 252.225-7052, Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (Jan 2023)

DFARS 252.225-7055, Representation Regarding Business Operations with the Maduro Regime. (May 2022)

DFARS 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime. (Jan 2023)

DFARS 252.226-7001 Utilization of Indian Organization, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010, Levies on Contract Payments (Dec 2006)

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Jan 2023)

DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000, Subcontracts for Commercial Items (Jun 2013)

DFARS 252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property (Apr 2012)

DFARS 252.245-7002, Reporting Loss of Government Property (Apr 2012)

DFARS 252.245-7003, Contractor Property Management System Administration (Apr 2012)

DFARS 252.245-7004, Reporting, Reutilization, and Disposal (Apr 2012)

(xiv) The following Provisions and clauses apply to this acquisition are incorporated by full text:

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision.

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand;

model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

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

(End of provision)

FAR 52.209-7 Information Regarding Responsibility Matters. (Oct 2018)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror

☐has

☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)

(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

(End of provision)

FAR 52.217-8, Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(b) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Certified Occupational Therapist Asst. 28.90 – 4.80

Certified Physical Therapist Asst. 24.19 -- 4.80

Medical Assistant 23.72 -- 4.80

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. (Dec 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner)

☐does, ☐does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner)

☐does, ☐does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in…