RFP W9124J24RABDC v2.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The combined synopsis/solicitation number is W9124J-24-R- ABDC. The solicitation is issued as a request for proposal (RFP).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05, effective 08/08/2023. Please reference https://www.aquisition.gov for clauses and provisions incorporated by reference.

This requirement will be solicited as 100% set aside for HUBZone small business concerns The NAICS code for this requirement, is 488490 – Other Support Activities for Road Transportation, with a corresponding Small Business Size Standard of $18 Million.

This requirement is for Truck/Tractor Operator services for the Akeroyd Blood Donor Center as stated in the performance work statement (PWS) (See Attachment 1).

A list of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable). (See Attachment 2 CLIN Structure)

Services will be inspected and accepted at destination and inspected and accepted by the Government. The work to be performed under this contract will be performed at Blood Services (primarily Akeroyd Blood Donor Center), Department of Pathology and Area Laboratory Services (DPALS), Brooke Army Medical Center (BAMC), Joint-Base San Antonio (JBSA), Fort Sam Houston, Texas 78234-6200.

This is a Fiscal Year 2024 requirement, as such funding is not available until October 2023.

Therefore, this requirement is currently subject to availability of funds.

The contract type will be a Firm Fixed Price (FFP) Contract. The anticipated period of performance is for a twelve (12) month base, four (4) twelve (12) month option periods, and a six (6) month extension of services option in accordance with FAR 52.217-8, Option to Extend Services.

Table1: Period of Performance

Period of Performance

Dates

Base Year 1 October 2023 – 30 September 2024 Option Year 1 1 October 2024 – 30 September 2025 Option Year 2 1 October 2025 – 30 September 2026 Option Year 3 1 October 2026 – 30 September 2027 Option Year 4 1 October 2027 – 30 September 2028 FAR 52.217-8 1 October 2028 – 5 March 2028

Combined Synopsis/ Solicitation W9124J-24-R-ABDC, Tractor/Trailer Operator

The provision at FAR 2.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The Addendum to provision at 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and in incorporated by Full Text. (See Clauses and Provisions).

The provision at 52.212-2 Evaluation – Commercial Items, applies to this acquisition. The Addendum to provision at 52.212-2 Evaluation – Commercial Items applies to this acquisition and in incorporated by Full Text. (See Clauses and Provisions).

Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items, applies to this acquisition (See Clauses and Provisions).

Additional contract requirements or terms and conditions determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices can be found in Clauses and Provisions.

Wage Determination WD-2015-5253 Rev 21 – Jul 12, 2023, applies to this acquisition. (See Attachment 3 Wage Determination).

The solicitation (up to and including this and any future solicitation amendments, if any) will constitute to the Offeror's complete "proposal" for the subject services and shall be submitted NOT LATER THAN 12 September 12:00 P.M. (noon) CENTRAL STANDARD TIME(CST)

ON 2023.

All other inquiries for this solicitation of future amendment(s) shall be directed to:

CONTRACT SPECIALIST: Teresa Agostino, e-mail: Teresa.m.agostino.civ @army.mil CONTRACTING OFFICER: Ralph Bowie e-mail: ralph.m.bowie.civ@army.mil

Please reference the following attachments: Attachment 1 - Performance Work Statement, Attachment 2 – CLIN Structure, and Attachment 3 – Wage Determination

PROVISIONS & CLAUSES

Addendum to 52.212-1, Instructions to Offerors Commercial Items: The following instructions are provided to facilitate receipt of your proposal for this effort:

a. Federal Acquisition Regulation (FAR) and its supplements, certifications, representations, and clauses as applicable plus any MICC-FSH special instructions.

b. The Offeror shall provide its proposal with a cover sheet that contains the RFP number W9124J-24-R-ABDC, company’s legal name, Cage Code, DUNS, address and telephone number, name and title of the person authorized to sign and negotiate with government on behalf of the company. Offer validation period shall be one hundred and twenty (120) calendar days from proposal due date.

c. The proposal shall certify the vendor’s Representations and Certifications applications are current and complete, and the vendor will verify they are a HUBZone small business in the NAICS code for this requirement, which is 488490 – Other Support Activities for Road Transportation, with a corresponding Small Business Size Standard of $18 Million. Additionally, the proposal shall certify that Online Representation and Certification Applications (ORCA) are current and complete and registration of the proper NAICS code.

(1) The Technical response shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offerors proposal. Legibility, clarity, and coherence are very important. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the PWS (including referenced publications technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror’s proposal. The Offeror shall address as specifically as possible the actual methodology used for accomplishing the PWS tasks. Any assumptions, exceptions, or deviations must be addressed and communicated to the Contracting Officer no later than. Elaborate brochures or documentation, detailed artwork, or other embellishments are unnecessary and are not desired.

(2) The volume shall be organized according to the following general outline:

-Table of Contents -List of Tables and Drawings -Cross Reference Matrix (if any) -Technical Volume 30-page limit

(3) Factor 1 Technical – The Offeror shall provide a proposal which demonstrates the Offerors understanding of the requirement and the Offerors ability to perform and satisfy all contractual requirements of this solicitation IAW the PWS.

Technical includes a Staffing Plan and Teaming Arrangements.

i. Staffing Plan The offeror shall provide a proposal that explains how they will organize, staff and manage the contract and the means that will be used to accomplish the contract requirements outlined in the PWS. The Offerors Plan shall identify proposed labor categories and mix, demonstrate ability to achieve necessary staffing levels for the contract requirements outlined in the PWS and an understanding of the requirements.

ii. Teaming Arrangements/Sub-contractors (if applicable)

The offeror shall provide a proposal that explains how the offeror will manage consultants and subcontractors, if applicable. The proposal must identify any proposed sub-contractor arrangements (if one exists) in its proposed approach to accomplish the tasks in the PWS. The Contractor must identify the sub-contractors (if any) and the associated responsibilities and skill sets for each in accomplishment of the PWS tasks. This section shall also include a clear narrative explaining the relationships between the Prime Contractor and each of the subcontractors, if utilized. This narrative shall explain lines of authority and shall indicate which company will be performing which section(s) of the PWS.

(4) Factor 2 Past Performance – Contractor does not need to submit any past performance information. The Government reserves the right to use past performance information obtained from sources other than those identified by the offeror such as through prior Contracting Officer knowledge and/or review of documentation in the Contract Performance Assessment Reporting System (CPARS) or similar systems.

(5) Factor 3 Price - This will be an HUBZone Competitive award, the necessity for other than certified cost or pricing data, IAW FAR 15.403-5, will be required in order to complete price analysis and assist in the determination of price fair and reasonableness. In addition to completing the CLIN Pricing Schedule (Attachment 2), contractor shall provide an Excel spreadsheet detailing the labor rates, breakout of proposed pricing elements (fringe, OH, G&A, profit) and any associated escalation proposed in preparation of the price proposal. A proposal pricing document (Attachment 2) has been provided to assist with this requirement, rates, breakout of proposed pricing elements (fringe, OH, G&A, profit) in preparation of the price proposal.

Addendum to 52.212-2 Evaluation Commercial Items: 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.

Award will be made on the basis of the lowest evaluated price meeting or exceeding the acceptability standards for non-cost factors. Evaluation Criteria consists of Three (3) Factors.

Technical Acceptability, Past Performance, and Price. These factors will be rated as Acceptable or Unacceptable. Offerors that receive an “Unacceptable” rating in one or more of the factors will receive an overall rating of “Unacceptable.” An offeror who receives an “Unacceptable” rating as a final rating will not receive further consideration for award. For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

a. Factor 1 Technical: Technical includes a Staffing Plan and Teaming Arrangements. The proposal shall include the Offeror’s understanding of the requirement and technical capability to perform in accordance with the Performance Work Statement (Attachment 1). The technical proposal will be evaluated on the following:

i. Staffing Approach- The offeror proposal clearly demonstrates how they will organize, staff and manage the contract and the means that will be used to accomplish the contract requirements outlined in the PWS The Offerors Staffing Plan identified all proposed labor categories and mix, The Offerors staffing approach clearly demonstrated the ability to achieve necessary staffing levels for the contract requirements outlined in the PWS.

ii. Teaming Arrangements/Sub-contractors (if applicable)- The offerors proposal explains how the offeror will manage consultants and subcontractors. The proposal identified any proposed sub-contractor arrangements (if applicable) in its proposed approach to accomplish the tasks in the PWS. The proposal identified the sub-contractors (if any), and the associated responsibilities and skill sets for each in accomplishment of the PWS tasks. The proposal narrative explained the relationships between the Prime Contractor and each of the subcontractors, if utilized. This narrative clearly explains lines of authority and indicate which company will be performing which section(s) of the PWS.

b. Factor 2 Past Performance: Past Performance: Offeror does not need to submit any past performance information. The Government will evaluate the Offeror’s past performance through prior Contracting Officer knowledge and/or review of documentation in the Contract Performance Assessment Reporting System (CPARS). The past performance areas of evaluation may include Quality of Product/Service, Schedule, Cost Control, Business Relations, Management of Key Personnel or other documented areas. The Offeror will either be deemed acceptable or non-acceptable in this area. If Offeror has no relevant Past Performance, Offeror will be deemed acceptable.

c. Factor 3 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 15.404-1(b). Total Evaluated Price (TEP):

The Total Evaluated Price will be based off the Overall Total Proposed Price for the base period, each option year, and will include the price for option to extend services under FAR 52.217-8.

Offeror do not need to provide a price for FAR 52.217-8.

Fair Market Price requirement for HUBZone: IAW with FAR 19.1305(a)(2) award cannot be made to an HUBZone small business unless the contract is for a fair market price. To ensure compliance with this requirement, we will also be evaluating the proposals to determine if the price is a fair market price.

Your proposal is required no later than 12:00 pm, CDT, 12 September 2023. Upon receipt of your proposal, the Government will conduct a price/cost analysis. A joint meeting with the Mission and Installation Contracting Command – Fort Sam Houston contracting personnel and awarded contractor will be scheduled should discussions/negotiations be deemed necessary.

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR

52.203-12 Limitation On Payments to Influence Certain

Federal Transactions

JUN

52.204-7 System for Award Management OCT

52.204-9 Personal Identity Verification of Contractor

Personnel

JAN

52.204-13 System for Award Management Maintenance OCT

52.204-16 Commercial and Government Entity Code Reporting

AUG

52.204-18 Commercial and Government Entity Code Maintenance

AUG

52.212-1 Instructions to Offerors- Commercial Products and

Commercial Services

MAR 2023

52.212-2 Evaluations- Commercial Products and Commercial

Services

NOV 2021

52.212-3 Offeror Representations and Certifications--

Commercial Products and Commercial Services

DEC

52.212-4 Contract Terms and Conditions--Commercial

Products and Commercial Services

52.223-5 Pollution Prevention and Right-to-Know

Information

MAY

52.223-6 Drug-Free Workplace MAY

52.223-19 Compliance with Environmental Management

Systems

MAY

52.228-5 Insurance - Work On A Government Installation JAN

52.232-39 Unenforceability of Unauthorized Obligations JUN

52.233-1 Disputes MAY

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR

52.237-3 Continuity Of Services JAN

52.242-13 Bankruptcy JUL

52.252-1 Solicitation Provisions Incorporated By Reference FEB

252.201-7000 Contracting Officer's Representative DEC

252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

SEP

252.203-7001 Prohibition On Persons Convicted of Fraud or

Other Defense- Contract-Related Felonies

JAN

252.203-7002 Requirement to Inform Employees of

Whistleblower Rights

DEC

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP

252.204-7003 Control Of Government Personnel Work Product APR

252.204-7004 Antiterrorism Awareness Training for Contractors JAN

252.204-7015 Notice of Authorized Disclosure of Information for

Litigation Support

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense MAY

Telecommunications Equipment or Services --

Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN

Telecommunications Equipment or Services 252.209-7004 Subcontracting With Firms That Are Owned or

Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY

252.225-7048 Export-Controlled Items JUN

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

252.232-7006 Wide Area WorkFlow Payment Instructions JAN

252.232-7010 Levies on Contract Payments DEC

252.243-7001 Pricing Of Contract Modifications DEC

252.243-7002 Requests for Equitable Adjustment DEC

252.244-7000 Subcontracts for Commercial Products or

Commercial Services

PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509).

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

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

(5) [Reserved]

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

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

XX (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(11) [Reserved]

XX (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(14) [Reserved]

(15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

(ii) Alternate I (MAR 2020) of 52.219-7.

XX (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

(18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

(19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

XX (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

XX (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

XX (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

XX (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(ii) Alternate I (JUL 2014) of 52.222-36.

XX (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

XX (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

XX (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

(ii) Alternate I (JUN 2014) of 52.223-14.

(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

XX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020) (E.O. 13513).

(46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

(49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(v) Alternate IV (OCT 2022) of 52.225-3.

(51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

(56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

(64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022) (E.O. 13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

3509).

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

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

L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

(JAN 2022) (E.O. 13658).

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

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

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--

(2) 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

(3) 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.

(4) 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--

(5) 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

(6) 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.

(7) 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."

(8) Representations. The Offeror represents that--

(9) 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

(10) 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.

(c) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

52.232-18 Availability of Funds.

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.