W9127S22Q6001 Solicitation.pdf

COMBINED SYNOPSIS SOLICITATION

Building 99 of Misawa Air Base Hospital

Misawa, Japan W9127S22Q6001

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

This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The simplified acquisition procedures of FAR Part 13 will be used in conjunction with commercial items procedures of FAR Part 12.

Solicitation # W9127S22Q6001. This solicitation is issued as a request for quote (RFQ).

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07, effective September 10, 2021.

This is a total Small Business set-aside. NAICS code is 337127, size standard is 500 employees.

All Quotes shall be submitted no later than December 6, 2021, by 10:00am Central Time.

A SITE-VISIT will not be scheduled for this requirement.

The Statement of Work is incorporated in this solicitation.

The provision at 52.212-1, Instructions to Offerors -- Commercial and provision at 52.212-2, Evaluation—Commercial Items (OCT 2014), applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items Alternate I (Oct 2014).

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The Provision at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (May 2019) is also applicable to this solicitation.

The clauses at 52.212-3(ALT I) and 52.212-5 are incorporated in the solicitation in full text.

ADDENDUM TO FAR 52.212-4

Compliance with the Status of Forces Agreement (SOFA) for Japan is required.

https://www.state.gov/wp-content/uploads/2019/02/17-116-Japan-Defense-Cooperation.pdf

SOLICITATION ATTACHMENTS

Solicitation Documents http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1444_197921 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1519_211544 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_000.htm#P1811_250441 https://www.state.gov/wp-content/uploads/2019/02/17-116-Japan-Defense-Cooperation.pdf

1. Bid Schedule

2. Misawa PRCL 21OCT21.pdf

3. Misawa Existing Inventory (G) 2JUN2021.xlsx

4. LVS Division 27 - DHA Specification Standard 06.14.21.pdf

5. SOW - FY21 Misawa Requirement Documents_20211029 v14.docx

6. DHA-FE Weekly Report_Template_20210524.pdf

7. DHA-ACAS Scanning Requirements Read Only 06.17.21.pdf

8. FRCS-VRA Ver 2.0.docx

9. FRCS FAT SAT Checklist.pdf

10. Example Generic ICS Med-COI Boundary Diagram v4.pdf

11. Draft DHA PM Standard Isolation Architecture for Cybersecurity of FRCS.docx

12. DHA System-Level Continuous Monitoring Plan 23MAY2018.pdf

13. DHA System-Level Continuous Monitoring Plan 23MAY2018.xlsx

14. DHA FRCS Baseline Categorization Memorandum-1 October 2020 (1)

15. Specifications Volume 1_Addendum 02.pdf

16. Specifications 2_Addm 01.pdf

17. PN99822_FP_Misawa Hospital Addition and Alteration_V2.0 (22 Feb 21).pdf

18. Misawa DHA-FE Submittal List_10.27.21.xlsx

19. MABH-SID-Package-Vol3.pdf

20. MABH-SID-Package-Vol2.pdf

21. MABH-SID-Package-Vol1.pdf

22. MABH-FFE-Package.pdf

23. BoDEquipmentCutSheets-LogCATA FIO.pdf

24. 10 MABH-Electrical.pdf

25. 07 MABH-Fire Protection.pdf

26. 06 MABH-Equipment.pdf

27. 05 MABH-Interiors.pdf

28. 04 MABH-Arch.pdf

29. 01 MABH-General.pdf

30. 10 MABH-Telecom Drawings ONLY

31. 11 71 01.pdf

32. SPD cut sheets_2019_1120.pdf

33. Misawa Furniture and Finishes Best Practices 10.29.21.pdf

34. Misawa JSN summary 21Oct21.xlsx

35. Misawa Artwork Best Practices 10.29.21.pdf

36. Past Performance Questionnaire (PPQ)

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items

1. Submission of Offers. Submit signed and dated offer at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude the offeror (s) from further consideration. Emailed and faxed Quotes will not be considered.

Submit Quotes to:

https://safe.apps.mil

Before quotations can be uploaded, DoD SAFE requires guest users to receive a drop-off request from an authenticated user.

To ensure quotations are submitted in a timely manner, all offerors should request a drop-off 48 hours prior to quotation due date.

Once on the DoD SAFE website, please upload files. Once uploaded, the website requires a “send to” name and email. Please enter Timothy Pighee Timothy.A.Pighee@usace.army.mil

a. Electronic submissions via email or fax will not be accepted.

b. This is an electronic solicitation release. No hard copies will be mailed.

Amendments to the solicitation will be posted through sam.gov, the new Federal Business Opportunities website. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information.

c. Questions and/or comments relative to these documents should be submitted via e-mail to the Contract Specialist who is the primary point of contact Mr. Timothy Pighee at Timothy.A.Pighee@usace.army.mil.

d. Technical inquiries and questions relating to Quote procedures are to be submitted via ProjNet at http://www.projnet.org/projnet . To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page identified above please use the following directions:

Click BID tab select Bidder Inquiry, select agency USACE; enter Key for this solicitation listed below, and your e-mail address, click login.

Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

From this page you may view all Quotation inquiries or add inquiry.

Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Solicitation Number: W9127S22Q6001 Bidder Key: E9T5JZ-3W93GK

The Review will be open from November 24, 2021, through November 29, 2021

Offerors are requested to review the solicitation in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

mailto:Timothy.A.Pighee@usace.army.mil mailto:Timothy.A.Pighee@usace.army.mil.

http://www.projnet.org/projnet http://www.projnet.org/projnet

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of Quotes.

Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive acquisition, there is no public bid opening and no information will be given out as to the number of Offerors or the results of the competition until an award is made.

2. General Instructions. These instructions are designed to provide general guidance for preparing Quotes as well as providing specific instructions on quote organization, format, and content. Offerors shall include all documents and information requested and should be submitted in accordance with the instructions. The Offeror is cautioned to follow the instructions carefully, as the Government reserves the right to make an award based on initial Quotes received without discussion. However, the Government reserves the right to request clarifications if the Contracting Officer later determines them to be necessary.

a. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the PCO in writing with supporting rationale prior to the close of the Solicitation.

b. The quote must be presented in a manner that clearly addresses the requirements, as set forth in the Statement of Work. Quotes that are overly verbose or include marketing material may distract from the evaluators’ ability to ascertain compliance with the solicitation.

3. Te am/Te am Membe r(s)/Teaming Partner (s). The Government will consider the offeror and all subcontractors a “team” when evidence of a signed Teaming Arrangement or Letter of Intent is provided. This RFQ will refer to the offeror and all identified teaming subcontractors as a “team.” This RFQ will refer to all identified teaming subcontractors as “team members” or “teaming partners.” The offeror shall identify any Team/Team Members in their Executive Summary and briefly describe how the Teaming Arrangement will support this requirement.

Offeror shall not submit any past performance questionnaires for team members. Only past performance from the Offeror shall be considered.

4. Quote Preparation Instructions. Offeror’s quote will consist of three (3) separate volumes: Price, Corporate Information, and Technical.

Quote Format. Offeror’s shall respond to the solicitation with a Quote describing the offeror’s technical approach to Government’s requirements.

All pages of each offer must be appropriately numbered and identified with the solicitation number W9127S22Q6001 in the header and/or footer of each page. If the RFQ page limits are exceeded, the pages in excess of the limit will be removed and not evaluated.

Page limitations are also annotated.

Volume Contents Format Number Of Copies

Maximum Page

Volume I

Bid Schedule

Attachment 1, Bid Schedule Worksheet

MS Excel 2007 or Later

1 Electronic

Copy

None

Volume II Corporate Information

Tab A - Introduction

Tab B - Signed SF 30

Tab C - Preaward Information

Tab D - Representations and

Certifications and Other Statements of Offerors

Adobe PDF for all documents.

None

Tab A - Executive Summary (no page limit)

Tab B – Technical Approach (12 page limit)

Tab C – Master Schedule (20 page limit)

Tab D – Risk Assessment (6 page limit)

Tab E – Team Qualifications (10 page limit)

Tab F – Commodity Specifications (no page limit)

Tab G – Past Performance

Adobe PDF

(12 page limit)

Font Size: All font size shall be 10 pt. font or larger, with the exception of the IO Master Schedule.

Any page that contains a font size smaller than 10 pt. font, will not be reviewed and will not be considered for evaluation.

What Counts As A Page – Page Specifications? A page shall be an 8 ½ X 11” sheet of paper, with the exception of the sample integrated master schedule. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable.

Margins shall be at least 1 inch on the top and bottom and 1 inch on the side.

All pages that do not follow the above page specifications will not be reviewed and will not be considered for evaluation.

The Contractor shall number each page in order to eliminate any confusion. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

Page Limit Includes: All Appendices, Charts, Graphs, Diagrams, Tables, Photographs, Drawings, etc.

Page Limit Does Not Include: Title Page, Table of Contents, Lists of tables and drawings and/or Cross Reference Matrix’s, covers for Volumes, Glossary of Terms/Abbreviations and Acronyms, Indices, and section dividers. Cross-references should be utilized to preclude unnecessary duplication of data between sections.

If a section exceeds the maximum page limit, the page(s) that exceed the page limit will not be reviewed and will not be considered for evaluation.

Electronic Copies.

a. All electronic copies of volumes shall be submitted in files for Volumes I, II, and III.

b. Volume I will be submitted using Microsoft Office Excel 2007 for Attachment 1, Bid Schedule Worksheet. Volume II and III shall be submitted using Adobe PDF.

c. Sound or video (e.g. MPEG) files should not be embedded into the quote files.

Glossary of Abbreviations and Acronyms. Each volume will contain a glossary of all abbreviations and acronyms used, with an explanation for each.

No pricing information is to be presented in any part of the quote outside of the Volume I.

In the event pricing information is included in any part of the quote outside of Volume I, the page containing pricing information will not be reviewed and will not be considered for evaluation.

Change Pages After Initial Quotation Submission. If the Government opens discussions and requests the offeror to submit quotation revisions, during or after discussions, any changed pages that are submitted will be a different color from the original quote pages, and will have changed information clearly marked by a vertical line in the right margin of the page identifying the changed content. The date of the revision and revision number will be reflected on each changed page (preferably on, or next to, the vertical change line). Make spreadsheet revisions obvious by highlighting cells that changed. Page limitations may also be placed on responses to Evaluation Notice (ENs). The Government will identify specified page limits for ENs responses in the letters forwarding the ENs to the offeror.

a. Volume I – Bid Schedule

Contract Pricing Schedule, to include all supporting data. The Offeror shall submit pricing for this requirement on the attached bid schedule.

Evaluation Method: Price will be evaluated to determine if the price submitted by the Offeror is fair and reasonable in accordance with FAR 15.404-1(b).

The pricing schedule shall be submitted fully completed and error free. It shall contain the Offeror’s prices for the established Contract Line Item Numbers (CLINs). Please submit the following information to support your IO pricing and understanding:

Offerors shall propose pricing in the MS Excel spreadsheet entitled “Attachment 1 – Bid Schedule”

It is the offerors responsibility to ensure the spreadsheet calculates pricing correctly. The offeror may correct the spreadsheet as required.

b. Volume II – Corporate Information

TAB A – Provide a brief company introduction that describes the contractor’s significant attributes relevant to the solicitation and introduces the contractor’s team.

TAB B – Completed and Signed SF 30 and acknowledgement of all amendments. The contractor shall acknowledge all amendments to the RFQ in accordance with Addendum to FAR 52.212-1, Instruction to Offerors Commercial Items.

TAB C – Pre Award Information (e.g. Bank and Supplier References). In accordance with FAR 9.103(a), “Purchases shall be made from, and contracts awarded to, responsible prospective contractors only.” So that the Government can make a determination of Contractor responsibility, a prospective contractor must meet the standards as set forth in FAR

9.104 that requires a contractor to have adequate financial resources to perform the contract or the ability to obtain them. As an aid in assessing responsibility, the offeror shall notify their banks/suppliers that the Corps of Engineers may be contracting them, and shall authorize the banks/suppliers to release the following information regarding the Offeror’s account. If a written authorization is required by the Offeror’s bank. Offeror’s shall provide that written authorization with their quote. The following information shall be provided:

Name and Telephone Number of Bank’s Point of Contact Number of Years business has been conducted with each bank Types of open accounts (checking, savings, loans, etc.)

Balance of current accounts (the banks will provide a “range of figures” for this information such as medium five-figures range) Means by which loans are secured and if paid as agreed Point of Contact and Telephone Number for three (3) different Suppliers

Pre-award survey data will be used as it relates to the probability of the offeror successfully accomplishing the proposed effort. The Government will use pre-ward survey data provided by the Offeror and data obtained by other sources to perform this assessment.

TAB D - Representation, Certifications, and Other Statements of Offerors. The offeror will ensure that Representation, Certifications, and Other Statements are submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

c. Volume III – Technical Quotation The Technical Quotation shall not exceed the specified page limits listed in the table above.

The Government will not review any information submitted in an appendix or attachment to the quotation in excess of the establish limits. The offeror shall comply with the page limitations. The Offeror shall not submit verbatim sections of the solicitation or SOW as part of their technical quotation. Offerors that do not meet these requirements may be subject to rejection. The Technical Quotation shall not include any cost or price information.

TAB A – Executive Summary (no page limit)

TAB B – Technical Approach (12 page limit) TAB C – Master Schedule (20 page limit) TAB D – Risk Assessment (6 page limit) TAB E – Team Qualifications (10 page limit) TAB F – Commodity Specifications (no page limit) TAB G – Past Performance Information (12 page limit)

The Technical Quotation should include, at a minimum, the following information.

TAB A – Executive Summary Provide organization structure information that describes the organization’s approach to fulfilling the requirement (internal resources, subcontractors, Joint Ventor, or Teaming Approach). This should also include a contact list (with phone numbers, fax numbers, mailing addresses, e-mail addresses, etc.) to include personnel authorized to sign for and to negotiate on behalf of their company.

TAB B – Technical Approach This tab shall address Evaluation Factor 1 in solicitation provision 52.212-2, Evaluation— Commercial Items.

Offeror’s shall submit a technical approach based on the schedule constraints outlined in the SOW, communicate how you would ensure continued operations of the facility during the project.

Provide a graphic representation of how you plan to approach phasing.

TAB C – Master Schedule This tab shall address Evaluation Factor 2 in solicitation provision 52.212-2, Evaluation— Commercial Items.

Offeror’s shall submit an IO Master Schedule focusing on the Offeror’s ability to schedule and coordinate critical aspects of the IO process.

Submit a narrative and graphic describing the Offeror’s proposed schedule.

TAB D – Risk Assessment This tab shall address Evaluation Factor 3 in solicitation provision 52.212-2, Evaluation— Commercial Items.

Offeror’s shall submit a list of risks specifically associated with this project.

TAB E – Team Qualifications This tab shall address Evaluation Factor 4 in solicitation provision 52.212-2, Evaluation— Commercial Items.

Offeror’s shall submit personnel experience information for key personnel listed in the SOW.

The Contractor shall provide project names, dates, and point of contract information.

Personnel experience information should detail the roles and responsibilities of the personnel for each project.

TAB F – Commodity Specifications This tab shall address Evaluation Factor 5 in solicitation provision 52.212-2, Evaluation— Commercial Items.

All cut sheets provided shall include JSN and product specifications.

All cut sheets shall be organized in JSN alpha/numeric order.

TAB G – Past Performance This tab shall address Evaluation Factor 6 in solicitation provision 52.212-2, Evaluation— Commercial Items. The Past Performance Questionnaire (PPQ) included with the solicitation attachments is provided for the offeror to submit to the client for each project the offeror includes in its quote of all relevant (same or similar items) health- care/IO contracts of the Prime Contractor that are complete or at least 50% complete within the last 5 years.

Ensure correct phone numbers and email addresses are provided for the client point of contact.

Completed Past Performance Questionnaires should be submitted with your quote. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the quotation closing date, the offeror should complete and submit with the quote, the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Timothy Pighee via email at Timothy.A.Pighee@usace.army.mil prior to quotation closing date. Offerors shall not incorporate by reference into their quotation, PPQs previously submitted for other RFQs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors may provide details on past performance problems and corrective actions taken as a part of the quote. When an Offeror’s firm is divided into severable segments (e.g., division, group, unit) the Government will evaluate only the past performance of those segments of the firm that will actually perform the work. Additionally, if the Offeror has no relevant past performance, information may be provided for key subcontractors.

The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the Offeror’s performance.

Recency Assessment. To be recent, the effort must be ongoing or must have been performed during the past five (5) years from the date of issuance of this RFQ. Information that fails the recency assessment will not be evaluated.

mailto:Timothy.A.Pighee@usace.army.mil

Relevancy Assessment. To be relevant, the effort must be similar to the nature of work, size, magnitude, complexity and scope to the work required by this RFQ. The Government will conduct an in-depth evaluation of all recent performance information provided to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this RFQ. In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, quoted by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Relevant experience information that fails this condition will not be evaluated.

The Government reserves the right to obtain past performance data from other sources than those identified by the offeror in evaluating past performance. This includes, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. Offerors are reminded that both independent data and data provided by Offerors in their quotations may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the Offerors. Quotes that do not contain the information requested by this paragraph risk rejection or a less than acceptable performance rating by the Government.

All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

https://www.sam.gov/

X (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]

___ (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).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(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.

____ (15)(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.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (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.

____ (18) (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.

X (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 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 (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (32)(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.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (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.

____ (41)(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.

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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).

____ (52) 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. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (FEB 2006) 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 items: (Contracting Officer check as appropriate.)

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

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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 60 days of contract award ; 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 5 years.

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(a) Definitions.

Basic Assessment means a contractor's self-assessment of the contractor's implementation of NIST SP 800-171 that-

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s);

(2) Is conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology; and

(3) Results in a confidence level of "Low" in the resulting score, because it is a self-generated score.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

High Assessment means an assessment that is conducted by Government personnel using NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review;

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800-171 security requirements have been implemented as described in the contractor's system security plan; and

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "High" in the resulting score.

Medium Assessment means an assessment conducted by the Government that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review; and

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "Medium" in the resulting score.

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, in accordance with Defense Federal Acquisition Regulation System (DFARS) clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a Medium or High NIST SP 800-171 DoD Assessment, as described in NIST SP 800-171 DoD Assessment Methodology at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html, if necessary.

https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology to webptsmh@navy.mil for posting to SPRS.

(i) The email shall include the following information:

(A) Version of NIST SP 800-171 against which the assessment was conducted.

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system security plan assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

https://www.sprs.csd.disa.mil/ mailto:webptsmh@navy.mil

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(e) Rebuttals. (1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf).

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they meet any security requirements not observed by the assessment team or to rebut the findings that may be of question.

(f)…