W9124R-24-R-0011 DRAFT RFP.pdf

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62 - 75 X H 76 - 82 a manda.m.ram irez24.civ@army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Dat e)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other aut horized official writt en not ice.

Previous Ed ition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 82

(If other t han Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W9124R 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in t he Schedule will be received at t he place specified in Item 8, or if handcarried, in the depository locat ed in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all t erms and conditions contained in t his solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

AMANDA M. RAMIREZ 928-328-4146

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 14

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 16 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 17 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if t he solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within t he time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to t he SOLICITATION for offerors and related documents numbered and dat ed):

FACILITY

12. In compliance with the above, t he undersigned agrees, if this offer is accept ed within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Cont ract ing Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copi es unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

18 - 54

PART II - CONTRACT CLAUSES

MICC- YUMA PROVING GROUND

CCMI-CHD-YP

301 C STREET

YUMA AZ 85365-9498

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicita tions "off er" and "off eror" m ean "bid" and "bidder ".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

20 May 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9124R24R0011

Section A - Solicitation/Contract Form

A.1 This is a Request for Proposal (RFP) for the Yuma Proving Ground (YPG) Tropic Test Support Services (TTSS) resulting in a contract for support services for Tropic Regions Test Center (TRTC). The contractor will provide specialized personnel and expertise to support and perform services as defined in this Performance Work Statement (PWS). This RFP will result in a single contract award covering a (1) 3-month Phase-in Period, (1) 9-month Base Period, and (4) 12-month Option Periods.

A.2 The Procurement Contracting Officer (PCO) has determined that the services under this RFP are non-commercial.

A.3 This RFP will result in a contract to be awarded, subject to the availability of funds and a bona fide need at the time of award, to the Offeror whose proposal represents the Best Value to the Government, as set forth in Sections L and M below.

A.4 Proposals shall comply fully with the instructions in this RFP. Offerors shall read the entire RFP (to include attachments) prior to submitting their proposals. Proposals (to include cost/price) shall be valid for no less than 240 calendar days after the closing date of this RFP. By submitting a proposal, the Offeror agrees to meet all the requirements and agrees to all the terms, conditions, and provisions incorporated in this RFP, including those listed in the attachments.

A.5 Contract Type: The Government contemplates award of a single award contract.

A.6 This RFP will utilize an Attachment XXXX – Pricing Workbook containing Government provided values for ODCs, anticipated labor categories, and estimated labor hours per labor category. The Offeror will provide values in Pricing Workbook for items including labor rates, indirect rates, and fee.

A.7 Award of this contract is anticipated to be made on or about 25 March 2025.

A.8 Any award issued resulting from this RFP will be distributed electronically. In the event of a Freedom of Information Act (FOIA) request for a copy of any award issued as a result of this solicitation or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is notice required by Executive Order 12600 (June 23, 1987) of our intention to release unit prices in response to any request under FOIA, 5 U.S.C. 552. Unit price is defined as the contract price per unit item or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If you object to such a release in the base contract or contract modifications and intend to submit an offer, notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for your objection consistent with the provisions of FOIA. A release determination will be made based upon rationale given.

A.9 All applicable and required provisions/clauses set forth in the YPG MTSS contract automatically flow down to all task orders based upon task order contract type, statement of work, competition requirements, commerciality, and dollar value as of the date of the task order solicitation.

A.11 This RFP has direct labor rates for RFP evaluation purposes only (see L.4.2.1.6). Direct labor costs during contract performance could be incurred and invoiced below these rates.

A.12 Offerors are strongly encouraged to understand the OCI section in L and M and on an ongoing basis during contract performance.

A.13 Offerors are strongly encouraged to review the questions and answers already submitted before asking a question that may be a duplicate.

A.14 Order of Precedence. In the event of any inconsistency between the Executive Summary and the RFP, the RFP takes precedence.

DRAFT

A.15 POCs Amanda Ramirez Email – amanda.m.ramirez24.civ@army.mil

Teresa V. Dinwiddie Email – teresa.v.dinwiddie.civ@army.mil

A.16 This acquisition will be acquired on a full and open competition basis utilizing FAR Part 15 source selection tradeoff procedures to obtain best value for the Government.

The tradeoff process allows the source selection authority the flexibility to select the best-value offer, which may not always be the lowest price or highest technically rated proposal. The source selection decision will involve a comparison of the strengths, weaknesses and risks in the non-price factors against the evaluated price offered by each proposal, with judgment applied as to which proposal provides the best overall value.

The source selection process includes a formal Source Selection Evaluation Board (SSEB), established by the Government that will evaluate all proposals submitted for the MTSS. The SSEB will present its findings to a Source Selection Authority (SSA) for final decision. Following an in-depth review of the proposals, the SSA will select for contract award the offeror whose proposal offers the best value to the Government. The SSEB will evaluate the proposals in accordance with the evaluation criteria set forth in Section M of the RFP. Offerors shall carefully review cost, schedule and performance requirements of this RFP. Section L instructs the offeror how to present its proposal and Section M sets forth the award criteria and its relative order of importance and the basis for contractor selection. The U.S. Government eliminated the use of oral proposals utilized during the last source selection.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Base Period - Labor

CPFF

Provide Tropic test Support Services in support of the U.S. Army Yuma Proving Ground (USAYPG) Tropic Regions Test Center (TRTC) in accordance with the Performance Work Statement (PWS).

FOB: Destination

PSC CD: R425

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0002 Job Other Direct Costs (ODCs)

COST

ODCs required in support of Test Services. The Contractor must obtain required approvals IAW the Contractor's Procurement Plan and PWS Section 1.10.2.

Procurement of materials and/or equipment This is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

0003 1 Each Service Contract Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS Section

5.10 using SAM.gov. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

NET AMT

0004 1 Job Transition Period

FFP

Costs associated with the Transition Period In Accordance with PWS section 1.10.5, 5.3, and 5.4.

his is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

1001 Job OPTION Tropic Test Support Services - Labor

CPFF

Provide Tropic test Support Services in support of the U.S. Army Yuma Proving Ground (USAYPG) Tropic Regions Test Center (TRTC) in accordance with the Performance Work Statement (PWS).

1002 Job OPTION Other Direct Costs (ODCs)

COST

ODCs required in support of Test Services. The Contractor must obtain required approvals IAW the Contractor's Procurement Plan PWS Section 1.10.2.

Procurement of materials and/or equipment plus any handling.

This is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

1003 1 Each OPTION Service Contract Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS Section

5.10 using SAM.gov. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

2001 Job OPTION Tropic Test Support Services - Labor

CPFF

Provide Tropic test Support Services in support of the U.S. Army Yuma Proving Ground (USAYPG) Tropic Regions Test Center (TRTC) in accordance with the Performance Work Statement (PWS).

2002 Job OPTION Other Direct Costs (ODCs)

COST

ODCs required in support of Test Services. The Contractor must obtain required approvals IAW the Contractor's Procurement Plan PWS Section 1.10.2.

Procurement of materials and/or equipment plus any handling rate.

his is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

2003 1 Each OPTION Service Contract Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS Section

5.10 using SAM.gov. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

3001 Job OPTION Tropic Test Support Services - Labor

CPFF

Provide Tropic test Support Services in support of the U.S. Army Yuma Proving Ground (USAYPG) Tropic Regions Test Center (TRTC) in accordance with the Performance Work Statement (PWS).

3002 Job OPTION Other Direct Costs (ODCs)

COST

ODCs required in support of Test Services. The Contractor must obtain required approvals IAW the Contractor's Procurement Plan PWS Section 1.10.2.

Procurement of materials and/or equipment plus any handling rate.

his is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

3003 1 Each OPTION Service Contract Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS Section

5.10 using SAM.gov. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

4001 Job OPTION Tropic Test Support Services - Labor

CPFF

Provide Tropic test Support Services in support of the U.S. Army Yuma Proving Ground (USAYPG) Tropic Regions Test Center (TRTC) in accordance with the Performance Work Statement (PWS).

4002 Job OPTION Other Direct Costs (ODCs)

COST

ODCs required in support of Test Services. The Contractor must obtain required approvals IAW the Contractor's Procurement Plan PWS Section 1.10.2.

Procurement of materials and/or equipment plus any handling rate.

his is a common cost line item and offerors shall utilize the common cost provided herein. Offerors are not to propose a cost when submitting proposals. If a material handling rate is proposed, offerors shall apply the fixed material handling rate to the estimated TTSS Material costs provided. The porposed material handling rate will be included in the Total Evaluated Probable Cost/Price developed as part of the cost/evaluation.

4003 1 Each OPTION Service Contract Reporting

FFP

Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS Section

5.10 using SAM.gov. The cost, if any, for providing this data shall be entered into the space provided at this CLIN.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2025 TO

31-MAR-2026

N/A N/A

0002 POP 01-JUL-2025 TO

31-MAR-2026

0003 POP 01-JUL-2025 TO

31-MAR-2026

0004 POP 01-APR-2025 TO

30-JUN-2025

1001 POP 01-APR-2026 TO

31-MAR-2027

1002 POP 01-APR-2026 TO

1003 POP 01-APR-2026 TO

2001 POP 01-APR-2027 TO

31-MAR-2028

2002 POP 01-APR-2027 TO

2003 POP 01-APR-2027 TO

3001 POP 01-APR-2028 TO

31-MAR-2029

3002 POP 01-APR-2028 TO

3003 POP 01-APR-2028 TO

4001 POP 01-APR-2029 TO

31-MAR-2030

4002 POP 01-APR-2029 TO

4003 POP 01-APR-2029 TO

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

252.223-7002 Safety Precautions for Ammunition and Explosives NOV 2023

Section G - Contract Administration Data

YEAR TOTALS PROGRESSIVE TOTALS

Base Year: $ Option Period 1: $ $ Option Period 2: $ $ Option Period 3: $ $ Option Period 4 $ $ Grand Total: $ $

CONTRACT TYPE: Non-Commercial Cost Plus Fixed Fee

Contract NAICS CODE: 541330 Technical and Engineering Services (non-IT)

PSC: R425

BUSINESS SIZE $ 25.5M

CONTRACT ADMINISTRATION

a. In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer.

b. All correspondence pertaining to this contract will be addressed to:

Mission and Installation Contracting Command - Yuma Proving Ground

ATTN: CCMI-CHD-YP

301 C St.

Bldg 2100 Yuma, AZ 85365-9498

c. The telephone number and e-mail address of the Contracting Officer (KO) is:

Teresa V. Dinwiddie Telephone: 928-328-2357 Email: teresa.v.dinwiddie.civ@army.mil

d. The telephone number and e-mail address of the Contract Specialist (CS) is:

Amanda Ramirez Telephone: 928-328-4146 Email: amanda.m.ramirez24.civ@army.mil

e. The telephone number and e-mail address of the Contracting Officer’s Representative (COR) are:

Telephone:

Email:

f. The Defense Contract Audit Agency Office information is:

Defense Contract Audit Agency (DoDAAC: ) Sub Office

Email: dcaa-fao1291@dcaa.mil Phone:

g. The address of the paying office is:

DODAAC HQ0490 DFAS-INDY VP GFEBS

8899 E 56th Street Indianapolis, IN 46249-3800

1. CONTRACTOR’S CONTRACT ADMINISTRATION:

The Contractor’s contract administration functions will be performed at the following address:

Name:

Title:

Address:

CAGE:

UEI:

2. AUTHORIZED NEGOTIATORS: The following individuals are authorized to negotiate and bind the company.

Primary:

Alternate:

Section H - Special Contract Requirements

OTHER DIRECT COSTS

SPECIAL REQUIREMENTS

REIMBURSEMENT OF OTHER DIRECT COSTS

a. TRAVEL REIMBURSEMENT

(1) The Government will reimburse the Contractor for TDY/non-local travel as determined to be necessary for the performance of assigned tasks and as approved by the Contracting Officer. Appropriate orders to cover all non-local travel shall be prepared by the Contractor and submitted through the COR to the Contracting Officer for final approval. Final approval for all travel will be the Contracting Officer.

(2) The Government will reimburse the Contract for actual transportation fare via the most direct routes (non-first class) between place of origin and destination. Cost for delays enroute (excluding Government caused delays) will not be reimbursed. To the extent available, suitable Government quarters, messing, and surface transportation facilities may be used. Per Diem will be paid at actuals up the Federal Travel Regulations (FTR) or Joint Travel Regulations (JTR) for the destination.

(3) The Government will not reimburse the Contractor for local travel. Local travel is defined as travel within the area of a 50 mile radius of the primary place of performance (see in this respect the Performance Work Statement (PWS) provided in Section J herein).

(4) Upon return, a Trip Report shall be submitted to the COR and Contracting Officer along with the final costs.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001)

OCT 2021

52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate IV

OCT 2010

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-8 Fixed Fee JUN 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-2 Payment For Overtime Premiums JUL 1990 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-1 Buy American--Supplies OCT 2022 52.225-1 Alt I Buy American--Supplies (OCT 2022) Alternate I OCT 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-8 Taxes--Foreign Cost-Reimbursement Contracts MAR 1990 52.230-2 Cost Accounting Standards JUN 2020 52.230-3 (Dev) Disclosure and Consistency of Cost Accounting Practices

(DEVIATION 2018-O0015)

JUN 2020

52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs DEC 2022 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.244-2 Subcontracts JUN 2020 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.246-26 Reporting Nonconforming Items. NOV 2021 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021)

Alternate I

JUL 2021

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7015 Program Should-Cost Review NOV 2019 252.215-7997 (Dev) Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data - Modifications - Section 890 Pilot Program. (DEVIATION 2024-O0007)

FEB 2024

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders DEC 2022

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and

Explosives

NOV 2023

252.223-7998 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid

(DEVIATION 2022-O0010)

SEP 2022

252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)

OCT 2021

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7054 Prohibition on Use of Certain Energy Sourced from Inside the

Russian Federation

JAN 2023

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

FEB 2024

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7987 (Dev) Requirements for Contractor Personnel Performing in the U.S. Southern Command Area of Responsibility

(DEVIATION 2021-O0004)

FEB 2021

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.235-7003 Frequency Authorization MAR 2014 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.237-7023 Continuation of Essential Contractor Services OCT 2010 252.237-7026 Postaward Transparency Requirements for Firms that Support

Department of Defense Audits

OCT 2022

252.242-7004 Material Management And Accounting System MAY 2011 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7003 Contractor Property Management System Administration APR 2012 252.247-7023 Transportation of Supplies by Sea JAN 2023 252.249-7000 Special Termination Costs DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(a) Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

352.217-8 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 60 days.

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 66 months.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2022)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes.

___ Offeror elects to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

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.

52.232-22 LIMITATION OF FUNDS (APR 1984)

(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause--

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of (i) the amount then allotted to the contract by the Government or, (ii) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

(h) No notice, communication, or representation in any form other than that specified in subparagraph (f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of (1) the amount previously allotted by the Government or,

(2) if this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT

(OCT 2018)

(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause.

Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM.

(End of Clause)

52.233-1 DISPUTES. (MAY 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim.