Amendment -W90VN622R0050 0001 - Conforment.pdf

W90VN622R0050

SEE ADDENDUM

(No Collect Calls)

W90VN622R0050 01-Aug-2022

b. TELEPHONE NUMBER

315-757-6009

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 02 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. NAM, YUCHIN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3J0CP2207AW01

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

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

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:

$11,500,000

NAICS:

813110

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 OF60

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.

Section SF 1449 - CONTINUATION SHEET

GENERAL INFORMATION

GENERAL INFORMATION

Offers from Korean contractors, US dependents and US contractors not seeking, requesting or requiring invited contractor (IC) status will be considered for award without any preferences beyond being lowest-priced and technically acceptable. The resultant contract will NOT be eligible for IC status, IAW SOFA Article XV. If no offers are received, this requirement could be re-solicited with the appropriate IC status clauses/provisions inserted, but US dependents and other US citizens already resident in Korea would not be eligible for IC status.

***To prevent delay in award of this contract, prospective contractors should immediately begin the SAM registration process by going to http://www.sam.gov.***

***US Citizens submitting an offer shall therein prominently indicate their and their sponsor’s current expected departure/PCS/DEROS date(s) or they may not be considered for award***

IAW AR 165-1, para 5.3(a) and 13.4(b), this contract will only be utilized when no military personnel (or other uniformed personnel), DoD civilians, or volunteers are available to perform these services. Use of the Contractor will be on an intermittent/temporary basis. The Contractor shall invoice only for services actually performed and the using chapel/church will actively recruit volunteers in printed literature and verbally before, during, or after religious services. The presiding chaplain/COR will advise the Contractor at the end of each performance of the day if the Contractor’s services will be required for the next occasion. The Contractor shall obtain such advice prior to performing subsequent services, either from the chaplain or COR. This contract may be terminated at any time for the convenience of the government.

Period of Performance:

Base Year 19 September 2022 thru 18 September 2023 1st Option Year 19 September 2023 thru 18 September 2024 2nd Option Year 19 September 2024 thru 18 September 2025 3rd Option Year 19 September 2025 thru 18 September 2026 4th Option Year 19 September 2026 thru 18 September 2027

PWS

PERFOR

MANCE

WORK

STATEME

NT FOR

CATHOLIC MUSIC

ACCOMPANIST

OSAN AIR BASE CHAPEL

OSAN AIR BASE

1.0 GENERAL. The contractor shall provide all personnel, labor, supervision, and coordination, necessary to perform non-personal services as the Civilian Contract Accompanist for the Catholic Congregation located at Osan Air Base, Korea. The contractor shall work independently and shall not be subject to the supervision or control of the Government to provide services, in accordance with the Performance Work Statement (PWS). The requirement for non-personal service Accompanist for the Catholic Congregation in support of the Osan Air Base Chapel, Korea is determined commercial in nature and can readily be available in the commercial market. This non-personal service is determined not inherently governmental in nature, in accordance with FAR Par 7.5.

1.1 SCOPE OF WORK.

a. The Civilian Contract Accompanist, hereinafter referred to as the contractor, shall work closely with the Osan Catholic Chaplain to provide for the worship needs of the Catholic Congregation. The contractor shall provide all personnel, labor, supervision, and transportation necessary to perform musical accompaniment as defined in the PWS except as specified in paragraph 3.0 as government furnished items or services at the Osan Chapel.

b. The contract period of performance is from 19 September 2022 or date of award, whichever is later, through one year thereafter with option to renew up to four years. This requirement will be processed utilizing firm fixed price in accordance with FAR Parts 12 and 13.

1.2 SUBSTITUTION.

In the event the contractor will fail to perform the contracted non-personal services, it is the contractor’s responsibility to find a substitute Accompanist for the Catholic Congregation at the Osan Chapel with qualifications equal to or higher than the standard specified in this PWS. The contractor shall notify the Contracting Officer’s Representative not less than seven days prior to commencement of the substitution. In the event of an emergency, for example, illness, or family crisis, the COR may waive the seven day notification requirement. The contractor, not the Government shall be responsible for any payment of the substitute.

1.3 QUALITY CONTROL.

See Surveillance Plan.

1.4 PHYSICAL SECURITY.

The contractor shall ensure that the equipment and facilities being used have been secured prior to departure. The contractor shall not, at any time, remove any property from the Chapel for any reason.

1.5 HOURS OF OPERATION.

The non-personal services shall be provided on Sundays, special service days, and on Holy Days of Obligation not falling on Sundays at published times, regardless if US federal holidays. In order to provide the non-personal services required as specified in this PWS, the contractor shall be available to the congregation as deemed necessary to accommodate the musical program of the Catholic congregation. The contractor shall invoice and be paid only for services performed.

1.6 CONSERVATION OF UTILITIES AND SUPPLIES.

The contractor shall ensure that only the items and quantities of those items are absolutely necessary for the conduct of the musical program are used.

1.7 GOVERNMENT OBSERVATIONS.

The government may have senior military officers and/or civilian dignitaries attend the worship service. The contractor shall continue to perform services as contracted, in accordance with the terms and conditions of this

PWS.

2.0 DEFINITIONS.

2.1 DFARS 252.201-7000 Contracting Officer’s Representative DEC 1991

(a) Definition. “Contracting Officer’s Representative” (COR) means an individual designated in the accordance with subsection201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer’s representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other terms or conditions of the contract.

2.2 SERVICE/REHEARSAL.

A period of worship or choir/musician rehearsal

2.3 UNIT OF SERVICE.

One worship service or rehearsal.

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES.

The Government will make available to the contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials and equipment (for example, song books, sheet music, piano and sound system) that they need to for the performance of the services under the contract.

4.0 MINIMUM QUALITY STANDARDS.

(a) The contractor shall have knowledge and background of music and experience relative to the required non-personal services as an accompanist specifically for the Catholic congregation music, with a minimum experience of two years playing the piano in a chapel environment.

(b) The contractor shall present a neat, well-groomed appearance at all times during the performance of this contract.

(c) The contractor shall use the English language as the primary language that will be utilized in all contracted services.

(d) The contractor shall be able to read music, and provide a signed statement.

(e) The Government shall conduct an interview to determine capability and proficiency in playing the piano.

5.0 SPECIFIC TASKS.

(a) Provide musical accompaniment for the weekly Catholic services, special services, and Holy Days of

Obligation. The Contractor shall provide musical accompaniment during the weekly worship services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour;

music performed by the choir, and soloists as coordinated by the choir director and choir members. The weekly service shall include the 104 regular Saturday and Sunday worship services.

(b) Provide musical accompaniment for choir rehearsals as scheduled by the choir director. The contractor shall arrive at least 20 minutes prior to the Sunday service. Contractor shall support the choir by musical accompaniment for regular worship services and special services. This includes meeting with the choir director and choir members at least quarterly to plan and schedule seasonal worship services and Holy Days of Obligation.

The total number of rehearsals shall not exceed 104.

(c) Provide musical accompaniment for Holy Days of Obligation and special services: Contractor shall provide musical accompaniment during special services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director and choir members. The contractor shall arrive at least two hours prior to the service. The number of special services shall not exceed 30 plus 30 special service rehearsals.

6.0 APPLICABLE PUBLICATIONS AND FORMS

(a) AFI 52-105 Chaplain Service Resourcing

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015)

1. CONTRACT AWARD

1.1. The Government intends to execute a single contract with Firm Fixed Price (FFP) CLINs for catholic music accompanist in Osan chapel, Osan Air Base. Award will be made to the responsible Offeror submitting the most competitively price offer IAW Federal Acquisition Regulation (FAR) Parts 12 and 13 "Simplified Acquisition Procedures" that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-cost factors/subfactors. All non-cost factors and subfactors will be rated as either "acceptable" or "unacceptable". In order to be considered for award, there must be an “acceptable” rating in every non- price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

1.2. The Government intends to evaluate offers and award a contract without discussions with offerors in accordance with FAR 52.212-1(g). Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

2. SUBMISSION REQUIRMENT:

a. Offeror(s) shall submit complete bid package including:

(a) signed first page of the solicitation

(b) price for each line item in the solicitation

(c) supporting document (such as resume) for the non-price factors (Technical Capability) specified in Addendum to FAR Clause 52.212-1 and FAR 52.212-2 of this solicitation, and (d) completed FAR Clause 52.212-3 Alt I, Offeror Representative and Certifications – Commercial Items.

b. Offerors are required to submit the following information requirements through email to Ms. Yuchin Nam at yuchin.nam1.ln@army.mil and MAJ Joseph Iannitti at joseph.a.iannitti.mil@army.mil by 1300 hours Local Time on the closing date of RFP. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

Factor A: Technical Capability.

Sub-factor 1. Education – Offeror(s) shall be able to read music, and provide a signed statement. 4.0(d) of PWS)

Sub-factor 2. Relevant Experience - Offeror shall submit a resume with at least two (2) years of pianist experiences in a chapel environment. The offeror(s) shall provide evidence performance experience as required below:

- The title of the contract/project

- A brief description of work completed

- Name of contract/project

- Length of contract/project (year/month– year/month)

- Value of contract/project in KW for total amount

- Complete name of point of contact at Client Organization

- Phone number of POC of Client/ Reference

Sub-factor 3. Interview- The Government shall conduct an interview to determine capability and proficiency in playing the piano.

Factor B: Price: Price analysis will be performed to determine price reasonableness

The offeror shall provide complete CLINs identified for the Base Year plus four (4) 1-year option periods. The proposed price will be reviewed to determine if the proposal is adequate, complete, and reasonable to assess the offeror’s understanding of the solicitation.

• The price proposal shall set forth a summary of the total proposed price for the base year and each option year.

• The specific direct labor categories and labor rates utilized to price the proposal must be identified in the pricing proposal only.

• If the offeror does not propose any CLIN, the offeror shall state zero (0) in the CLIN.

(b) Proposed Prices – Proposed prices will be evaluated to determine if the estimate is complete, realistic, reasonable, and balanced, and has no unbalanced to assess the offeror’s understanding of the solicitation.

Any inconsistency, whether real or apparent between proposed performance and price, must be clearly explained in this volume of the proposal. For example, if unique and innovative approaches are the basis for an abnormally low-price estimate, the nature of these approaches and their impact must be completely documented.

FAR Clause 52.217-8 Option to Extend Services. As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price. Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option, and 4th option and one-half of the 4th option. Offerors are required only to price the base and four (4) options.

Offerors shall not submit a price for the potential one-half year extension of services period.

* Each factor will be rated as either acceptable or unacceptable. An unacceptable rating for any factor will result in an overall unacceptable rating.

NOTE: Confirmation of bid package submittal prior to the closing date and time is offeror(s) responsibility. Late bids will not be considered for award.

(End of provision)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 104 Each Weekly Sunday Worship Services

FFP

Provide piano musical accompaniment for Weekly Sunday Worship Services in Osan Chapel, Osan AB FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F3J0CP2207AW01

PSC CD: G002

NET AMT

0002 52 Each Weekly Rehearsal

FFP

Provide piano musical accompaniment for Weekly Rehearsals in Osan Chapel, Osan AB.

FOB: Destination MFR PART NR: Null

0003 16 Each Special Worship Service

FFP

Provide piano accompaniment for Special Worship Services in Osan Chapel, Osan

AB.

FOB: Destination MFR PART NR: Null

0004 1 Each Estimate for War Hazard losses is Zero

FFP

Estimate for War Hazard losses is Zero FOB: Destination

1001 104 Each OPTION Weekly Sunday Worship Services

FFP

Provide piano musical accompaniment for Weekly Sunday Worship Services in Osan Chapel, Osan AB FOB: Destination MFR PART NR: Null

1002 52 Each OPTION Weekly Rehearsal

FFP

Provide piano musical accompaniment for Weekly Rehearsals in Osan Chapel, Osan AB.

FOB: Destination

1003 16 Each OPTION Special Worship Service

FFP

Provide piano accompaniment for Special Worship Services in Osan Chapel, Osan

AB.

FOB: Destination

1004 1 Each OPTION Estimate for War Hazard losses is Zero

FFP

Estimate for War Hazard losses is Zero

2001 104 Each OPTION Weekly Sunday Worship Services

FFP

Provide piano musical accompaniment for Weekly Sunday Worship Services in Osan Chapel, Osan AB FOB: Destination

2002 52 Each OPTION Weekly Rehearsal

FFP

Provide piano musical accompaniment for Weekly Rehearsals in Osan Chapel, Osan AB.

FOB: Destination

2003 16 Each OPTION Special Worship Service

FFP

Provide piano accompaniment for Special Worship Services in Osan Chapel, Osan

AB.

FOB: Destination

2004 1 Each OPTION Estimate for War Hazard losses is Zero

FFP

Estimate for War Hazard losses is Zero

3001 104 Each OPTION Weekly Sunday Worship Services

FFP

Provide piano musical accompaniment for Weekly Sunday Worship Services in Osan Chapel, Osan AB FOB: Destination

3002 52 Each OPTION Weekly Rehearsal

FFP

Provide piano musical accompaniment for Weekly Rehearsals in Osan Chapel, Osan AB.

FOB: Destination

3003 16 Each OPTION Special Worship Service

FFP

Provide piano accompaniment for Special Worship Services in Osan Chapel, Osan

AB.

FOB: Destination

3004 1 Each OPTION Estimate for War Hazard losses is Zero

FFP

Estimate for War Hazard losses is Zero

4001 104 Each OPTION Weekly Sunday Worship Services

FFP

Provide piano musical accompaniment for Weekly Sunday Worship Services in Osan Chapel, Osan AB FOB: Destination

4002 52 Each OPTION Weekly Rehearsal

FFP

Provide piano musical accompaniment for Weekly Rehearsals in Osan Chapel, Osan AB.

FOB: Destination

4003 16 Each OPTION Special Worship Service

FFP

Provide piano accompaniment for Special Worship Services in Osan Chapel, Osan

AB.

FOB: Destination

4004 1 Each OPTION Estimate for War Hazard losses is Zero

FFP

Estimate for War Hazard losses is Zero

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government N/A Government 0003 Destination Government N/A Government 0004 Destination Government N/A Government 1001 Destination Government Destination Government 1002 Destination Government N/A Government 1003 Destination Government N/A Government 1004 Destination Government N/A Government 2001 Destination Government Destination Government 2002 Destination Government N/A Government 2003 Destination Government N/A Government 2004 Destination Government N/A Government 3001 Destination Government Destination Government 3002 Destination Government N/A Government 3003 Destination Government N/A Government 3004 Destination Government N/A Government 4001 Destination Government Destination Government 4002 Destination Government N/A Government 4003 Destination Government N/A Government 4004 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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

NOV 2021

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

NOV 2021

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.209-7999 Representation by Corporations Regarding and Unpaid Deliquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2012

252.215-7008 Only One Offer JUL 2019 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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 and 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) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

(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.

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) Representations.

(1) 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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors. All non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price factors and subfactors:

Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

FACTOR 1 - TECHNICAL CAPABILITY:

Sub-Factor 1 - Pianist's Education: The offeror shall be evaluated on the submitted a copy of diploma or certification of two (2) years studies/formal training as an undergraduate Piano Performance Major.

Sub-Factor 2-Pianist's Experience: The offeror shall be evaluated on the submitted a resume with at least two (2) years of experience as a church or chapel musician in Pianist Service within the last five (5) years. The resume must clearly identify as required below:

- Pianist Full Name

- A description of qualifying work experience

- Name of the client organization, complete name/phone number of validating point of contact (POC)

- Length of work experience (year/month/date-year/month/date)

Note: There will be an interview/audition by the Senior Chaplain for the following;

1. The contractor shall have a working knowledge of the United States military and the military family lifestyle.

Experience in military chapel programs is preferred.

2. The contractor shall have not less than two years experience as a church or chapel musician. The contractor shall demonstrate proficiency playing required instruments. Contractor shall be able to play basic hymns by ear. The contractor shall be familiar with the basic liturgy/sequence of a Catholic Worship Service and other Catholic services requiring music. The contractor shall present a neat, well-groomed appearance during the performance of the contract.

Interview/Audition will be noticed to who are technically acceptable only. Only offerors who pass the interview/Audition will be considered for award.

FACTOR 2 - PRICE: Price analysis will be performed to determine price reasonableness in accordance with FAR 13.106.

(b) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

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

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

"Small business concern"—

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

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

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

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

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

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

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

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

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

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It…