W911SD24R0167 - WP Band Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W911SD24R0167 16-Aug-2024

b. TELEPHONE NUMBER

845-938-0821

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 23 Aug 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.

W911SD9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DENNIS COOK

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

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

0012142334

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MICC - WEST POINT

681 ROGERS PLACE

WEST POINT NY 10996-1514

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 W16W7J 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SFC JONGYOON LEE

SFC JONGYOON LEE

US MILITARY ACADEMY

WEST POINT NY 10996

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238390

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 OF50

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.

W911SD24R0167

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Performance Work Statement

United States Military Academy Band (USMA BAND)

United States Military Academy (USMA)

West Point, NY 10996

1.0. Background:

Procurement and installation of common room cabinets and appliances

2.0. Scope / Objective:

The contractor will visit West Point Band and provide Tasks (see Tasks 4.1 – 4.7). The

Contractor will also provide deliverables (see Deliverables 5.0) to the TPOC.

3.0. Applicable Documents:

See attached SF1449 (Solicitation Document).

4.0. Tasks:

The Contractor, as an Independent Contractor and not as an agent of the Federal Government, shall provide the necessary resources (except for those identified as Government Furnished

Property) and provide the following tasks:

4.1. Contractor (vendor) will work with the West Point Band’s TPOC to create an installation plan based on provided architectural drawings and contractor walk-through. This plan will be approved by the TPOC prior to the start of any other work. Installation of all items will be in accordance with this installation plan.

4.2. Contractor will provide and install one 27”x22” undermount, stainless steel, single bowl sink with 9” depth. Sink will include two faucet holes and be made from 18-gauge stainless steel.

Sink will be connected to existing plumbing.

4.3. Contractor will provide and install one double handle pull-down kitchen faucet with sprayer in champagne bronze. Matching soap dispenser will be included. Faucet will be connected to existing plumbing.

4.4. Contractor will provide and install one 17.5 cu-ft top-freezer refrigerator in fingerprint resistant stainless steel. Refrigerator will be no larger than 68”H x 28”W x 33”D.

4.5. Contractor will provide and install Cloud Gray Cabinets consisting of one 36” sink base cabinet, one 36” base cabinet, two 36” wall cabinets, two 24” base cabinets, two 24” wall cabinets, and one 30”x18” above fridge cabinet. Style of cabinets are to be approved by TPOC prior to installation.

4.6. Contractor will provide and install 25 sq ft backsplash consisting of 3”x6” glazed ceramic white subway tiles with black grout.

4.7. Contractor will provide and install 24” quartz countertops, 2 sections totaling 120” including sink cutout.

5.0 Deliverables.

Contractor (vendor) will provide the following:

Installation plan

27” Sink

Faucet in champagne bronze

Refrigerator

Cabinets per section 4.5

25 sq ft 3”x6” glazed ceramic white subway tiles and black grout

24”x120” quartz countertop in 2 sections

6.0 Place of Performance. The contractor will perform their tasks and will deliver deliverables to the following address:

West Point Band

685 Rogers PL.

West Point, NY 10996

7.0 Travel. Travel and lodging are not reimbursable

8.0 Government Furnished Property. Not applicable

9.0 Reports. The contractor will provide updates to Technical Point of Contact (TPOC) on deliverables as requested.

10.0 Hazards Information. There is no requirement for the Contractor to handle any hazardous material.

11.0 Security. Not Applicable

12.0 Identification of Contractor Personnel(s).

12.1 For contractors that do not require CAC but require access to a DoD facility or the installation, the contractor and all associated sub-contractor’s employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate

Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive

2014-05/AR 190-13). This is also for all employees who will be entering Army-controlled installations or facilities (Central Area/Restricted area). Applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative) must be adhered to. Documentation of these checks will be made available to the COR and security personnel upon request.

12. 2 The company will provide to the COR, ten days in advance of the event, names, Date of

Birth, and Social Security numbers of all employees who will be entering Army-controlled installations or facilities.

12. 3 The company will ensure that its employees entering Army-controlled installations or facilities have obtained local access badges and passes (if required) in accordance with facility regulations and that these badges and passes are obtained in advance so as not to delay the accomplishment of contracted services. The company will return all issued U.S. Government

Common Access Cards, installation badges, and/or access passes to the COR when the contract is completed or when a contractor employee no longer requires access to the installation or facility.

12.4 Contracting Official Representative (COR) – as required.

12.4 (a) Will ensure that all contractors/subcontractors are processed for a background check or National Agency Check with Inquiry (NACI) as needed. The background check is the minimal investigation to be adjudicated for a USMA Identification Card (Local

Access Badge) versus the NACI, which requires fingerprinting and submission of EQIP.

NACIs are required for contractors/subcontractors that require a CAC and/or government computer accounts.

12.4 (b) Will ensure that the USMA Form 13-16, Personnel Background Check, is correctly completed and signed by the COR who is a properly cleared Federal Employee.

12.4 (c) Will ensure that the USMA Form 13-16, Personnel Background Check, is submitted within 10 days prior to personnel starting projects on West Point, depending on when contract is awarded, and work is scheduled to start. Waivers are made for the 10-day suspense on a case-by-case basis, in emergency situations as needed only.

12.4 (d) Will ensure that all identified contractors requiring a CAC and/or government computer access, submit fingerprints and complete a NACI investigation submission via

EQIP, prior to being issued a CAC and/or given access to the government computer network.

12.4 (e) Will ensure that all government issued identification and vehicle stickers are confiscated from contractors/subcontractors upon termination of employment or end of project. These items will be returned to MPD and DES.

12.4 (f) Will ensure that all contractors requiring access to the Installation have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the

Contracting Officer

12. 5 Force Protection Conditions (FPCON’s) Clause

12.5(a) During higher Force Protection Conditions (FPCON’s) Contract personnel are required to comply with all Antiterrorism policies and procedures while on the installation.

Contract personnel may be directed to enter the installation through certain access control points where they can best be identified and searched. Contractor personnel may be prohibited from certain portions of the installation during exercises and actual emergencies.

12.5(b) Contractors will comply with parking restrictions and will not park in unauthorized parking areas or within 82 feet of an inhabited building when directed.

12.5 (c) Access control roster (personnel and vehicles) must be provided. Names / vehicles verified by the company and received background screening. Substitutes receive same vetting process prior to work.

12.5(d) All contractor personnel and vehicles are subject to search while on the installation

12.5(e) In the event of an identified restricted/exclusion area, the contractor personnel will not be authorized without specific permission or an escort.

12.5 (g) Access may be denied during increased readiness or Force Protection Conditions

(FPCON’s).

12.6 Contractor Vehicles – ensure the contractor understands the parking policy dated 27

February 2017.

12.7 Vehicle Access to the Central Post Restricted Area

12.7(a) If contract requires the contractor to have access to the Central Post Restricted

Area of West Point to complete the required work. As such, the prime contractor is responsible to ensure all employees and or vehicles, and those of any subcontractors hired, have the required personal identification and vehicle passes to enter the installation and the CPRA. Personnel must undergo NCICI-III background checks from the Visitor

Control Center before gaining access to the installation and receive “Permanent” Local

Access Credentials upon passing the background check if that person requires access to the CPRA to complete their work. For any vehicles requiring access to the CPRA, documentation must be completed and submitted to the Military Police Admin Office

(616 Swift Rd) for passes to be issued. Company owned vehicles only will be granted access. In the case of a personally owned vehicle being used to transport tools, equipment or supplies to the CPRA, the expectation is that the items are dropped off and the vehicle is moved out of the CPRA. Personally Owned Vehicles will not be granted passes. The CPRA is not parking lot for contractors.

12.7(b)The local general, visitor, and government designated parking areas SHALL NOT be used by the contractor. No general contractor or subcontractor employee parking is available near the immediate site. The contractor will need to identify and locate parking facilities for general and subcontractors off of West Point and provide a means for shuttling workers to the site. West Point shuttle services will not be used for transporting workers to the site.

12.7(c) Contractors and construction vehicles can only park in pre-approved designated staging areas or as identified in their contract. Central Area Parking is reserved for Staff and Faculty and requires a special pass. In accordance with AR 190-5, persons who operate a motor vehicle on West Point shall be deemed to have given consent for the removal and temporary impoundment of the privately owned vehicle (POV) and construction equipment when it is:

(1) Parked illegally

(2) Interfering with operations

(3) Creating a safety hazard

(4) Left unattended in a restricted or controlled area

(5) Parked in a Central Parking Area (CPA) lot without the proper CPA Pass

(6) Parked in a reserved space authorized by the Installation Commander

12.8 The COR overseeing the contract will review and coordinate all contractor pass requests.

13.0 “Government Rights”. As specified in DFARS 252.227-7020, “The Government shall have unlimited rights in works first produced, created, or generated and required to be delivered under this contract.”

14.0 Period of Performance. The Periods of Performance for this project shall be as follows:

1 SEPT 24 – 31 OCT 24

15.0. Technical Point of Contact (TPOC):

Name: SSG Stacy Wilson

Address: 685 Hardee Pl, West Point, NY 10996

Phone: +1 845-938-2842

Email: stacy.wilson@westpoint.edu

16.0. Payment:

The Contractor shall bill the government on a single invoice for each individual Period of

Performance. The invoice must be annotated with the Contract Number (aka “Purchase Order#”)

– and – the Designated WAWF POC (email / phone#). Both pieces of information will be located on the Contract upon award. The invoice must be processed for payment through Wide

Area Workflow at the following website- - - > (https://piee.eb.mil). The Contractor must contact them for any questions or concerns regarding registration. ALL CONTRACTORS must be registered with PIEE in order to receive payment (no exceptions).

17.0. Performance Requirements Summary:

The rights of the Government and remedies described in the PRS are in addition to other rights and remedies set forth in the contract. The Performance Requirements Summary table lists the

Required Services (RS), the standard of performance by which the Government will measure contractor performance, the allowable degree of deviation from perfect performance, the primary surveillance methods the Government will use to evaluate the contractor’s performance in meeting the contract requirements, and the method which will be used to determine the amount of deduction from the maximum payment.

18.0 Surveillance Methods:

The primary method of surveillance the Government will use to evaluate the contractor’s performance is provided in the PRS table. The Government is not restricted to using only the method shown. The Government may supplement and/or modify the primary surveillance method and frequency of inspections as it deems necessary. The methods of surveillance that may be used are:

18.1. 100% Inspection. An evaluation method that requires complete inspection.

18.2. Planned Inspection. An evaluation method where less than 100% is inspected.

1.83. Valid Customer Complaints: Customer Complaints constitute a surveillance method based on customer awareness and satisfaction, and is mainly used to supplement mailto:stacy.wilson@westpoint.edu other surveillance methods. Customers familiar with contract requirements notify the Government when there is a case of poor performance or nonperformance.

Upon notification, the Government investigates the report and, if valid, documents the performance problem, notifies the contractor and the Contracting Officer.

Contractor Self-Reporting. The contractor provides a weekly, or as often as necessary, update to the designated government representative on progress made towards meeting the documented objectives.

52.212-2 ADDENDUM

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

II. Addendum to FAR Clause 52.212-2 Evaluation – Commercial Items Evaluation Factors for Award

1. Basis for Contract Award. This is a Lowest Price Technically Acceptable source selection conducted in accordance with Federal Acquisition Regulation (FAR) 13.106-1, (1) (i) The nature of the article or service to be purchased and whether it is highly competitive and readily available in several makes or brands, or is relatively noncompetitive. (ii) An electronic commerce method that employs widespread electronic public notice is not available; and (iii) The urgency of the proposed purchase. (iv) The dollar value of the proposed purchase. (v) Past experience concerning specific dealers’ prices.. Award will be made to a single contractor who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose offer is technically acceptable, conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the lowest price technically acceptable.

2. Award for All of the Work. The Government intends to award one contract as a result of this solicitation. As set forth in FAR 52.212-1 (g), the Government intends to evaluate quotes and award a contract without discussions with contractors. Therefore, the contractor’s initial quote should contain the contractor's best terms from a price and technical standpoint. The Government reserves the right to clarify quote if the Contracting Officer later determines them to be necessary.

3. Evaluation Criteria. Contractor’s quote shall be evaluated in accordance with FAR 52.211-6. Contractor shall meet or equal salient characteristics listed in solicitation. Quotes will be evaluated in accordance with the evaluation criteria listed below. The quote will be evaluated under two (2) evaluation factors: Technical and Price.

Factor 1 – Technical. The product will be evaluated with Product Data Sheets with Specifications. The

Product Data Sheets will receive a rating defined below. Table 1. Technical Factor

Acceptable/Unacceptable Ratings

Rating Description Acceptable Installation plan and materials clearly meets the requirements stated in the evaluation criteria.

Unacceptable Installation plan and materials does not clearly meet the requirements stated in the evaluation criteria.

Factor 2 – Price. Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3(a). Through these techniques the Government will determine whether prices are reasonable.

4. A written notice of award or acceptance of a quote mailed or otherwise furnished to the successful contractor within the time for acceptance specified in the solicitation shall result in a binding contract without further action by either party.

IN ORDER TO BE CONSIDERED FOR AWARD, PRODUCT DATA SHEETS WITH SPECIFICATIONS

AND A COMPLETED SIGNED SOLICITATION MUST BE RECEIVED ON OR BEFORE THE

CLOSING DATE OF 23 AUGUST 2024 NO LATER THAN 12 PM EASTERN TIME.

(End of provision)

REQUIREMENT

SPECIFICATION REQUIREMENTS – (See Performance Work Statement for more details)

Contractor (vendor) will provide the following:

• Installation plan

• 27” Sink

• Faucet in champagne bronze

• Refrigerator

• Cabinets per section 4.5

• 25 sq ft 3”x6” glazed ceramic white subway tiles and black grout

• 24”x120” quartz countertop in 2 sections

SITE VISIT

SITE VISIT

W911SD-24-R-0167 WEST POINT BAND EGNER SITE VISIT

All offerors are encouraged to visit the job site on the following date for the purpose of acquainting themselves with all local conditions and to discuss any questions that may arise and consider recommended changes. Parking is available at the work site. Representatives will be requested to sign a Site Visit Register indicating the representative's name and the firm he/she represents.

The POC for this site visit is Dennis Cook Telephone 845-938-0821.

Email : dennis.j.cook8.civ@army.mil

ALL VISITORS MUST PROCEED TO THE USMA VISITORS CONTROL CENTER (VCC) ON SOUTH POST

TO GET A PASS TO ENTER WEST POINT. INSTRUCTIONS ARE AVAILABLE ON THE WEST POINT

HOME PAGE WWW.WESTPOINT.ARMY.MIL AND LOOK FOR THE LINK “VISITING US”. CALL THE

VCC AT Tel: (845) 938-0390 or (845) 938-0392 FOR DETAILS.

Give yourself adequate time –AT LEAST 1 HOUR PRIOR to go thru the visitors center and then to drive to the

MICC –West Point office. Depending on the time of day it may go fast and other times it may take up to an hour.

DATE: 20 AUGUST 2024

TIME: 10:00AM

Offerors will assemble at the office of:

MISSION and INSTALLATION CONTRACTING COMMAND

BUILDING 681 1ST FLOOR LOBBY

681 ROGERS PLACE

WEST POINT, NY 10996-1514

All interested contractors are requested to notify the MICC-POC in advance to coordinate attendance. We will meet at Bldg. 681 and then drive and/or walk to the Bradley Barracks for a site visit.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Egner Renovation

FFP

Egner Renovation

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012142334

PSC CD: N072

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-SEP-2024 TO

31-OCT-2024

N/A SFC JONGYOON LEE

SFC JONGYOON LEE

US MILITARY ACADEMY

WEST POINT NY 10996

FOB: Destination

W16W7J

CLAUSES INCORPORATED BY REFERENCE

52.204-12 Unique Entity Identifier Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

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

Services Developed or Provided by Kaspersky Lab Covered

Entities

DEC 2023

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

Commercial Services

NOV 2023

52.222-50 Combating Trafficking in Persons NOV 2021

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020

52.232-1 Payments APR 1984

52.232-9 Limitation On Withholding Of Payments APR 1984

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

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity Of Services JAN 1991

52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.247-34 F.O.B. Destination NOV 1991

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7022 Expediting Contract Closeout MAY 2021

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest.

It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) ALTERNATE I (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM as soon as possible. If registration is not possible when submitting an offer or quotation, the awardee shall be registered in SAM in accordance with the requirements of clause 52.204-13, System for Award Management Maintenance.

https://www.acquisition.gov/360 http://www.sam.gov/

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) ALTERNATE I (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size standard

[Contracting Officer to insert NAICS codes and size standards].

https://www.sam.gov/

(2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce, (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under

NAICS code 541519,if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph

(d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear…