W519TC-24-R-2049 24APR2024.pdf
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- MNG English Language Training Federal contract opportunity
- Solicitation number
- W519TC-24-R-2049
About this file
This document is a Request for Proposal (RFP) for English Language Training services on behalf of the Office of Program Management - Saudi Arabian National Guard (OPM-SANG). The Army Contracting Command - Rock Island intends to award one hybrid Firm-Fixed-Price and Cost-Reimbursement contract through full and open competition. The place of performance is in the Kingdom of Saudi Arabia, and the requirement will utilize Foreign Military Sales (FMS) funding.
The RFP specifies a Transition Period, Base Period, and four Option Periods with a total contract duration not to exceed 66 months. Proposals will be evaluated using best value tradeoff procedures, considering Technical Approach, Past Performance, and Price factors. Proposals must be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module by 12:00 PM CT on 24 May 2024. All questions regarding the RFP must be submitted by 12:00 PM CT on 3 May 2024.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| W519TC-24-R-2049 - Attachment 0001 - ELT PWS 2APR2024.pdf | ||
| W519TC-24-R-2049 - Attachment 0002 - Pricing Matrix.xlsx | XLSX spreadsheet | |
| W519TC-24-R-2049 - Attachment 0003 - Past Performance Questionnaire.pdf | ||
| W519TC-24-R-2049 - Attachment 0004 - ELT QASP.pdf |
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SEE ADDENDUM
(No Collect Calls)
W519TC24R2049 24-Apr-2024
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 24 May 2024
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 X 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.
W519TC9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JAMES M. MORAETES
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ARMY CONTRACTING COMMAND - ROCK ISLAND
3055 RODMAN AVE
ROCK ISLAND IL 61299
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:
$20,500,000
NAICS:
611630
X
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 OF68
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.
W519TC24R2049
Section SF 1449 - CONTINUATION SHEET
SECTION A NARRATIVE
1. The United States Army Contracting Command – Rock Island (ACC-RI) hereby issues this Request for Proposal (RFP) W519TC-24-R-2049 on behalf of the Office of Program Management – Saudi Arabian National Guard (OPM-SANG) to fulfill the Saudi Arabian Ministry of the National Guard (MNG) requirement for English Language Training. This RFP will be competed as full and open competition.
2. ACC-RI intends to award one hybrid Firm-Fixed Price (FFP) and Cost-Reimbursement (CR) Contract to the Offeror whose proposal represents the best value, non-price and price factors considered.
3. The place of performance is in the Kingdom of Saudi Arabia, and performance shall be in accordance with Performance Work Statement (PWS) Attachment 0001, dated 2 April 2024. The requirement will utilize Foreign Military Sales (FMS) funding.
4. The award will consist of a Transition Period, Base Period, and four Option Periods. The periods of performance are as follows:
Transition Period: 01 AUG 2024 – 31 OCT 2024 Base Period: 01 NOV 2024 – 31 JUL 2025
Option Period 1: 01 AUG 2025 – 31 JUL 2026 Option Period 2: 01 AUG 2026 – 31 JUL 2027 Option Period 3: 01 AUG 2027 – 31 JUL 2028 Option Period 4: 01 AUG 2028 – 31 JUL 2029
This contract will include FAR 52.217-8, Option to Extend Services, which will allow the U.S.
Government, at its sole discretion, to extend the period of performance by a maximum of an additional 6 months.
This contract will also include FAR 52.217-9, Option to Extend the Term of the Contract, which will allow the U.S. Government, provided it gives the Contractor preliminary written notice of its intent, to extend the contract for a total duration to not exceed 6 months.
Please be advised that transition out will be performed within the last 90 days of the last period of performance, however, will not be separately priced.
5. Individuals employed by the following company will assist the U.S. Government with evaluation of proposals. Each Offeror shall execute a Non-Disclosure Agreement with the company prior to proposal submission.
Company Name: Federal Acquisition Strategies, LLC Address: 2823 Fort Scott Drive, Arlington, VA 22202-2306 Email: art@fedacqstrategies.ccom Phone: 571-926-6081
6. Best value tradeoff procedures in accordance with FAR 15.101-1 will be utilized to select the Offeror that provides the best value to the U.S. Government. This best value source selection process will include an evaluation of the following three factors: (1) Technical Approach, (2) Past Performance, and (3) Price.
Section L provides specific instructions to the Offeror regarding preparation and submittal of proposals.
Evaluation of the proposal will be in accordance with the criteria stated in Section M. Award will be made to the Offeror whose proposal is determined to provide the best value to the U.S. Government based upon Section M criteria; therefore, award may be made to other than the lowest priced Offeror, or other than the highest rated Offeror for the non-price factors.
7. The Offeror is responsible for including sufficient details to permit a complete and accurate evaluation of the proposal. The U.S. Government will not make assumptions concerning an Offeror's intent, capabilities, facilities, or experience. The submission of CLEAR, ACCURATE, and COMPLETE information is the sole responsibility of the Offeror. Please ensure all fill-ins are completed, if applicable. If fill-ins are not applicable, the Offeror shall indicate N/A. If the Offeror fails to include the information requested in Section L in their proposals, the Offeror's proposals may be rejected by the U.S. Government and no longer considered for award.
8. The U.S. Government intends to award the contract resulting from this RFP without discussions (SEE FAR 52.215-1). The Contracting Officer may contact Offerors for clarifications, as described in FAR 15.306(a) and FAR 52.215-1, without opening discussions. However, the U.S. Government reserves the right to conduct discussions, and to permit the Offeror to revise its proposal if determined necessary by the Contracting Officer. The Offeror shall ensure its initial proposal contain the best terms and that the proposal is complete, including all fill-ins and blanks.
9. Price Matrix - The Offeror shall submit a completed Price Matrix at Attachment 0002 in Section J, as instructed in Section L of this solicitation. Prices entered anywhere other than this Price Matrix will not be considered.
10. The U.S. Government anticipates price competition; therefore, certified cost or pricing data is not required to be submitted with the Offeror’s initial proposal. However, the U.S. Government reserves the right to require certified cost or pricing data, or other than certified cost or pricing data, in accordance with FAR 15.403, Requiring Certified Cost or Pricing Data.
11. Proposals shall be electronically submitted to the Procuring Contracting Officer (PCO) and their representatives via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. Offers must be registered in the PIEE Solicitation Module to submit an offer. The PIEE website is https://piee.eb.mil. Proposal submission shall be no later than the due date and time specified in the solicitation and any subsequent amendments (if applicable). The U.S. Government will not be held liable if an Offeror misses the proposal submission deadline due to non-registration in the PIEE Solicitation Module. It is the Offeror’s responsibility to register in the PIEE Solicitation Module in advance of the proposal due date and time. The Government will not evaluate proposals submitted by mail or hand carried.
It is highly recommended that the Offeror request a Return Receipt or other form of acknowledgement to verify that the proposal submission was received prior to the closing of the RFP. However, the U.S.
Government reserves the right to work outside of the PIEE Solicitation Module if it is determined necessary and in the best interest of the source selection.
12. All proposals submitted in response to this RFP shall be valid for 180 calendar days. Offerors shall annotate the 180-day validity period in Block 12 of this RFP.
13. In the event that a discrepancy between any statements in Narrative A and another section of the RFP exists, the other sections take precedence.
14. All questions regarding this RFP shall be submitted IAW paragraph 15 no later than 12:00PM CT on Wednesday, 03 May 2024, in order to ensure all questions can be answered prior to solicitation closing.
15. This RFP shall NOT be discussed with any U.S. Government employee except the Contracting Officer, Mr.
Derek Schnorrenberg, and Contract Specialist, Ms. Lorraine Geren, and Contract Specialist, Mr. James Moraetes. Comments and questions shall be directed in writing by email to derek.m.schnorrenberg.civ@army.mil, lorraine.geren.civ@army.mil, and james.m.moraetes.civ@army.mil.
Please indicate the RFP number, W519TC-24-R-2049, in the subject line of the email for all correspondence pertaining to this RFP.
SECTION B - SCHEDULE
Schedule of Supplies/Services
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 3 Months Transition-In Plan
FFP
Transition-In in accordance with (IAW) Performance Work Statement (PWS) para.
1.12.1.
Period of Performance (POP): 01 AUG 2024 - 31 OCT 2024 FOB: Destination
PSC CD: R410
NET AMT
0002 9 Months Staffing/Labor
FFP
English Language Training Staffing and Labor IAW attached PWS
POP: 01 NOV 2024 - 31 JUL 2025
0003 9 Months Housing and Transportation
FFP
Housing and Transportation IAW PWS paragraphs 1.5.4.3.2. and 1.5.4.3.3.
POP: 01 NOV 2024 - 31 JUL 2025
0004 Lot Other Direct Costs (ODCs)
COST
ODCs IAW PWS para. 3.1.
POP: 01 NOV 2024 - 31 JUL 2025
ESTIMATED COST
1002 12 Months OPTION Staffing/Labor
FFP
English Language Training Staffing and Labor IAW attached PWS
POP: 01 AUG 2025 - 31 JUL 2026
1003 12 Months OPTION Housing and Transportation
FFP
Housing and Transportation IAW PWS paragraphs 1.5.4.3.2. and 1.5.4.3.3.
POP: 01 AUG 2025 - 31 JUL 2026
1004 Lot OPTION ODCs
COST
ODCs IAW PWS para. 3.1.
POP: 01 AUG 2025 - 31 JUL 2026
2002 12 Months OPTION Staffing/Labor
FFP
English Language Training Staffing and Labor IAW PWS
POP: 01 AUG 2026 - 31 JUL 2027
2003 12 Months OPTION Housing and Transportation
FFP
Housing and Transportation IAW PWS paragraphs 1.5.4.3.2. and 1.5.4.3.3.
POP: 01 AUG 2026 - 31 JUL 2027
2004 Lot OPTION ODCs
COST
ODCs IAW PWS para. 3.1.
POP: 01 AUG 2026 - 31 JUL 2027
3002 12 Months OPTION Staffing/Labor
FFP
English Language Training Staffing and Labor IAW attached PWS
POP: 01 AUG 2027 – 31 JUL 2028
3003 12 Months OPTION Housing and Transportation
FFP
Housing and Transportation IAW PWS paragraphs 1.5.4.3.2. and 1.5.4.3.3.
POP: 01 AUG 2027 – 31 JUL 2028
3004 Lot OPTION ODCs
COST
ODCs IAW PWS para. 3.1.
POP: 01 AUG 2027 – 31 JUL 2028
4002 12 Months OPTION Staffing/Labor
FFP
English Language Training Staffing and Labor IAW attached PWS
POP: 01 AUG 2028 - 31 JUL 2029
4003 12 Months OPTION Housing and Transportation
FFP
Housing and Transportation IAW PWS paragraphs 1.5.4.3.2. and 1.5.4.3.3.
POP: 01 AUG 2028 - 31 JUL 2029
4004 Lot OPTION ODCs
COST
ODCs IAW PWS para. 3.1.
POP: 01 AUG 2028 - 31 JUL 2029
SECTION E
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984
SECTION G
Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.204-7006 BILLING INSTRUCTIONS—COST VOUCHERS (MAY 2023)
When submitting a request for payment using a cost voucher, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
2 in 1 Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0698
Issue By DoDAAC W519TC
Admin DoDAAC** W519TC
Inspect By DoDAAC W519TC
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) W519TC
Service Acceptor (DoDAAC) W519TC
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Contract Specialist: james.m.moraetes.civ@army.mil
Contract Specialist: lorraine.geren.civ@army.mil
Contracting Officer: derek.m.schnorrenberg.civ@army.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
SECTION H
Special Contract Requirements
H0001 - CONTRACTOR PERFORMANCE INFORMATION
The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:
Exceptional (Dark Blue) - Performance meets contractual requirements and exceeds many to the Governments benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
Very Good (Purple) - Performance meets contractual requirements and exceeds some to the Governments benefit.
The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
Satisfactory (Green) - Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
Marginal (Yellow) - Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The Contractors proposed actions appear only marginally effective or were not fully implemented.
Unsatisfactory (Red) - Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractors corrective actions appear or were ineffective.
The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-90.
H0002 – OPERATIONS SECURITY (OPSEC) REQUIREMENTS
AT Level I training. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 45 calendar days after completion of training by all employees and subcontractor pseronnel. AT Level I awareness training is available at the following website: http://jko.jten.mil
SECTION I
Contract Clauses
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-3 Convict Labor JUN 2003 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.229-7 Taxes--Fixed Price Contracts With Foreign Governments FEB 2013 52.229-9 Taxes--Cost-Reimbursement Contracts With Foreign
Governments
MAR 1990
52.232-31 Invitation to Propose Financing Terms DEC 2022 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.249-14 Excusable Delays APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 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
252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7028 Exclusionary Policies And Practices Of Foreign Government APR 2003 252.225-7041 Correspondence in English JUN 1997 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7995 (Dev) Contractor Personnel Performing in the United States Central Command Area of Responsibility (Deviation 2017-O0004)
SEP 2017
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (6) [Reserved]
___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.
115-390, title II).
___ (ii) Alternate I (DEC 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved]
____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (17) [Reserved]
____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (SEP 2023) of 52.219-9.
____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
X (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (44)(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.
____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (47)(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.
X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).
X (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (DEC 2022) of 52.225-3.
____ (iv) Alternate III (FEB 2024) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (55) 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).
____ (56) 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).
____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
X (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (60) 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).
____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.
3332).
____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (67)(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. chapter 67).
_____ (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) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
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 before the contract expires.
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 before the contract expires; 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.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses
252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003)
(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to--
(1) A bona fide employee of the Contractor; or
(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.
(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:
(1) For sales to the Government(s) of the Kingdom of Saudi Arabia, contingent fees in any amount.
(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.
(End of Clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT;
telephone, DSN 222-9832 or commercial (703) 692-9832
SECTION J - ATTACHMENTS
LIST OF ATTACHMENTS
1. Attachment 0001 – Performance Work Statement, dated 02 April 2024
2. Attachment 0002 – Price Matrix
3. Attachment 0003 – Past Performance Questionnaire (PPQ)
4. Attachment 0004 – Quality Assurance Surveillance Plan (QASP)
SECTION K
Representations, Certifications, and Other Statements of Offerors
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications…
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