B.01.01 - Combined Synopsis-Solicitation W912DQ24Q1035.pdf

W912DQ24Q1035

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart

12.6 as supplemented with additional information included in this notice. This announcement constitutes only the solicitation; quotes are being requested and a written solicitation (SF 1449) will not be issued.

The solicitation number for this acquisition is W912DQ-24-Q-1035 and it is being issued as a Request for Quotes

(RFQ).

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-02.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification system (NAICS) code is 811210, "Electronic and Precision Equipment Repair and Maintenance" and the business size standard is $34,000,000.00.

Applicable Provisions and Clauses

The following provisions and clauses listed below apply to the combined synopsis/solicitation and final Service Contract:

FAR 52.212-1, Instructions to Offerers- Commercial does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

FAR 52.212-2, Evaluation - Commercial Edited does apply to this acquisition with no addenda to the provision and is in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offerer Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are in Section I of this combined synopsis/solicitation.

FAR 52.212-5, Contract Terms and Conditions - Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are in Section I of this combined synopsis/solicitation.

Site Visit

If any contractors are interested in a site visit, please schedule your visit with;

Project Manager: James M Armstrong Phone Number: (816) 389-2283 E-Mail: james.m.armstrong@usace.army.mil

System for Award Management

In accordance with FAR 52.212-l(k): By submission of a quote, the contractor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the contractor does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed with award to the next otherwise successful registered contractor. Contractor may obtain information on registration and annual confirmation requirements via the SAM.gov database accessed through https://www.sam.gov/SAM/. To be considered for award, all prospective contractors must be registered in the System for Award Management (SAM) website or https://www.sam.gov/SAM/. It is highly encouraged that all prospective contractor's start the SAM' s registration process as soon as possible.

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link https://www.sam.gov/SAM/transcript/Quick_Guide_for_Updating_or_Renewing_SAM_Registrations.pdf

CONTRACTORS INTERESTED IN RESPONDING TO THIS RFQ MUST SUBMIT THEIR QUOTE ON THE

ATTACHED SYNOPSIS/SOLICITATION. Award will be made to the quote providing the best value. Any questions regarding this synopsis/solicitation must be submitted by e-mail to the point of contact below. The Government reserves the right to cancel this combined synopsis/solicitation at any time.

The Contractor is responsible for furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide all services listed under the statement of the Service Contract to the location set forth by the Army Corps of Engineer’s District Projects.

Quotes are due by 4 March 2024 at 12 pm CST.

Request for Quote (RFQ)

This requirement will be synopsized and solicited through the Procurement Integrated Enterprise Environment (PIEE) System Solicitation Portal. Quotes will be received and accepted through either the PIEE Solicitation Portal or by emailing Katherine Avery at katherine.s.avery@usace.army.mil.

In order to submit a quote for this requirement through the PIEE Solicitation Portal, Contractors will first need to register for the PIEE ‘Proposal Manager’ role.

How to Register:

1. Navigate to https://wawf.eb.mil/

2. Select Register [top right]

3. Select Vendor

4. Create a User ID and Password and follow the prompts [next]

5. Create Security Questions [next]

6. Complete your User Profile Information [next]

7. Complete your Supervisor or Approving Official Information [next]

8. Complete Roles - Step 1. Select SOL-Solicitation, Step 2. Select Proposal Manager, Step

2. Click Add Roles, Step 4. Fill in your Location Code (CAGE Code) [next] ensures

9. Provide a justification for your registration [next]

10. Follow the remaining prompts to submit your registration

To learn more about the PIEE Solicitation Portal and for training/instructions on submitting your quote, please visit the Web Base Training Page below: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

Procurement Technical Assistance Center (PTAC)

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/contracting-assistance/. THIS A FREE SERVICE BY A NON-PROFIT PAID FOR BY THE U.S.

GOVERNMENT.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 24 Hours Annual Preventitive Maintenance

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

FOB: Destination

PSC CD: J059

NET AMT

0002 80 Hours Routine Service Call

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

0003 24 Hours Emergency Service Call

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

0004 16 Hours Video Wall Fine Tune Adjsutment

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

1001 24 Hours OPTION Annual Preventitive Maintenance FY25

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

1002 80 Hours OPTION Routine Service Call FY25

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

1003 24 Hours OPTION Emergency Service Call FY25

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

1004 16 Hours OPTION Video Wall Fine Tune Adjsutment FY25

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

2001 24 Hours OPTION Annual Preventitive Maintenance F726

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

2002 80 Hours OPTION Routine Service Call FY26

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

2003 24 Hours OPTION Emergency Service Call FY26

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

2004 16 Hours OPTION Video Wall Fine Tune Adjsutment FY26

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide construction for the District's A/V systems per the scope of work attached to this contract.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement

A/V MAINTENANCE CONTRACT FY24

W912DQ-24-Q-1035

1.1 DESCRIPTION OF WORK

This section pertains to the U.S. Army Corps of Engineers, Kansas City District audio visual (A-V) communications systems to include:

A. The Systems Contractor shall furnish timely maintenance and service of Kansas City District A-V systems in conference rooms.

B. The Kansas City District has 26 conference rooms with A-V systems of various configurations (G101, 115 (see C. below), 204A, 204B, 241, 242, 254, 401, 432A, 432B, 438, 444, 445, 456, 457, 458, 501, 508A, 508B, 527, 535, 552, 601, 645, 649, 661). These conference rooms typically include a projector, video display screen, a control system and cables/connectors/accessories.

C. Conference Room 115, Emergency Operation Center (EOC), A-V systems include major items such as the video wall display, sound systems, A-V fiber optic switching and distribution system, A-V equipment, A-V control systems, cables and connectors, equipment racks, cabinets and accessories, AC power devices, and video ribbon system. The EOC includes the main briefing room and all other small rooms (such as office, meeting, small conference, storage and entry rooms) where the equipment and displays are located. Additional EOC interface systems including theater lighting control system, security camera signal interface components/accessories (camera’s and encoder not included), Dalia room lighting control systems and CATV cables/accessories.

D. Maintenance of the A-V systems shall include maintaining or restoring functional operation and programming for all of the above referenced systems.

E. Work shall be conducted during normal Federal Building operating hours (Monday thru Friday; 0730- 1600) unless there is an emergency service call. In addition, all visits must be coordinated in advance with the COR. Warranty and maintenance services shall be restricted to normal working hours unless the Government agrees to pay the difference in labor rates for overtime work.

1.2 DEFINITION OF TERMS

A. The term “Government” shall refer to U.S. Army Corps of Engineers; Richard Bolling Federal Building, 601

East 12th Street, Kansas City, MO 64106; phone 816-389-3426.

B. The term “Systems Contractor” shall refer to the person, persons, or company who or which contracts for the performance of the A-V system work specified herein.

C. The term “COR” shall refer to the Contracting Officer Representative who shall coordinate with the US

Army Corps of Engineers project Contracting Officer regarding any contractual issues which arise during the contract duration.

1.3 EXISTING CONDITIONS

A. This facility is an existing structure. It shall be the responsibility of contractor to verify all conditions which pertain to this work.

B. Prior to site work, the Systems Contractor, any subcontractors, and contractor employees shall be required to obtain, and wear badges issued by US Army Corps of Engineers. Badging procedures and process shall be provided on request from the project COR. A Tier 1 background check is required. Photo ID badges, when worn, will provide facility access through manned building access points and access to any non-secured USACE work areas.

C. Government will provide an electronic copy of available original installation Performance Work Statement (PWS) specifications which are pertinent to this work upon request. After award, the government will provide an electronic copy of available as-built drawings and operating instructions for use during maintenance visits or service calls. These items can only be used for work at this site and must be returned at the conclusion of the contract.

1.4 CONTRACTOR QUALIFICATIONS

A. The Systems Contractor must provide verification that the contractor is a “System Contractor” who regularly engages in the furnishing, installation and service of commercial and industrial A-V systems to include, but not limited to, video wall display systems.

B. The Systems Contractor shall have on staff or employ the services of a Creston Certified Programmer.

PART 2 - PRODUCTS

2.1 GENERAL

A. A listing of the existing major items of equipment is available per attachments. These listings are only intended to provide the Systems Contractor a concept of the existing types of equipment required for the operation of these A-V systems. Any equipment variations/changes or other minor items of equipment or hardware not specifically listed herein but required for proper A-V system operation are also covered under this maintenance agreement. As-built drawings for the EOC AV systems reflect the magnitude of the system and the connections/accessories required for normal operation (refer attached).

B. Where a specific specification has not been included herein or shown on the drawings for any item that is required, the Systems Contractor, with prior COR knowledge and approval, shall furnish only the best quality replacement equipment or material consistent with the quality of other specified equipment and material.

PART 3 – EXECUTION

3.1 GENERAL

A. During maintenance visits, existing defective equipment discovered shall be identified by the Systems

Contractor and shall be repaired to normal working condition. If replacement is required, the System Contractor shall submit a replacement quote to the COR for written approval prior to purchasing and installation. All replacement equipment and material shall be new and shall be suitable for continuous operation.

B. Where a specific piece of equipment has been discontinued and/or replaced by a new model, the Systems Contractor shall recommend the new model or a suitable item as applicable and shall submit a quote for evaluation and written approval by the COR prior to purchasing and installation. Any proposed substitute equipment shall meet the requirements of the original installation specifications for the applicable system/item.

C. After installation and verification of a working replacement the Government will reimburse the System Contractor for the required replacement equipment via separate invoice.

D. If the Systems Contractor installs replacement equipment, the Systems Contractor shall warrant the replacement equipment against defects in materials and workmanship, including any required parts and labor, during a one-year warranty period from date of final acceptance or first beneficial use, whichever occurs first, at no additional cost to the Government. The Systems Contractor shall not be liable for equipment damaged by improper use, negligence, or accidental acts of nature. The Systems Contractor shall also provide updates to the Operations and Maintenance (O&M) manuals for replacement equipment as needed to keep O&M manuals current.

E. All materials and equipment are to be installed in accordance with all applicable standards of the National Electrical Code, the Electrical Code of the governing local municipality, all other applicable local codes, and all safety codes and ordinances.

3.2 MAINTENANCE VISITS AND SERVICE CALLS

A. Annual preventive maintenance service visit. The Systems Contractor shall ensure existing equipment is if good operational condition through actions such as diagnostic functional checks, resolving system error codes, cleaning fans/vents, and other manufacturer designated preventative maintenance actions identified in the existing O&M manuals. For Conference Room 115 (EOC) diagnostic functional checks should include checks and procedures listed in the EOC Video Conferencing and Presentation Equipment Instruction End User Guide. The Systems Contractor must schedule annual preventive maintenance visits in advance with the COR to ensure uninterrupted availability of the space. (CLIN 0001, 0005 and 0009).

B. Routine service call. The Systems Contractor will provide a service call phone number to the Government.

The Government will call this number for service and provide a description of the problem with the A-V system. After this initial call, Systems Contractor technician responds by phone within 24 hours and can be on-site within 7 calendar days. If replacement equipment is not required, not needed or is readily available from spare parts, Systems Contractor technician will correct the problem and return the A-V system to an operational state. For example, this may include, but is not limited to, replacing bulbs, fixing loose/broken/mal-functioning connectors/cables/adaptors/accessories, and correcting diagnostic error messages. If replacement items are needed, Systems Contractor technician will advise the government on interim measures and schedule a follow-up visit. (CLIN 0002, 0006 and 0010).

C. Emergency service call. The EOC is a mission critical facility. During an emergency response operation, a faster response time is required. After initial call, Systems Contractor technician responds by phone as soon as possible and can be on-site within 24 hours, seven days a week throughout the entire year. If replacement equipment is not required, not needed or is readily available from spare parts, Systems Contractor technician will correct the problem and return the A-V system to an operational state. For example, this may include, but is not limited to, replacing bulbs, fixing loose/broken/mal-functioning connectors/cables/adaptors/accessories, and correcting diagnostic error messages. If replacement items are needed, Systems Contractor technician will advise the government on interim measures and schedule a follow-up visit. (CLIN 0003, 0007 and 0011).

D. Video Wall Fine Tune Adjustments Service Call. On an as needed basis, Systems Contractor shall make comprehensive fine tune adjustments for the video wall (Twenty-four Mitsubishi 50” rear projection cubes, 8x3 configuration) for internal display geometry, brightness and color matching using the permanently installed source equipment (video wall processor) driving the signal to the displays to achieve optimal results. The Systems Contractor must have their own tools and equipment to do the necessary testing and adjustments. The Systems Contractor must schedule these visits in advance with the designated government representative to ensure uninterrupted availability of the space. (CLIN 0004, 0008 and 0012).

PART 4 – Performance Requirements Summary

4.1 GENERAL

A. The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

4.2 Performance Requirements Table

Task Description

Performance Objective Acceptance Level of Performance

Surveillance Method

Remedy

Annual preventive maintenance service visit.

Systems Contractor shall conduct diagnostic functional checks, check and resolve system generated error codes, clean fans/vents, and any other manufacturer designated preventative maintenance actions per O&M manuals.

Fully operational state.

Confirm before contractor departure.

Contractor will return to put system at fully operational state.

Routine service call.

Systems Contractor technician will correct the problem and return the A-V system to an operational state

Fully operational state.

Confirm before contractor departure.

Contractor will return to put system at fully operational state.

Emergency service call.

Systems Contractor technician will correct the problem and return the A-V system to an operational state.

Fully operational state.

Confirm before contractor departure.

Contractor will return to put system at fully operational state.

Video Wall Fine Tune Adjustments Service Call.

Comprehensive fine tune adjustments for the video wall.

Ensure video wall is optimized for internal display geometry, brightness and color matching using the permanently installed source equipment driving the signal to the displays.

Confirm before contractor departure.

Contractor will return to put system at fully operational state.

AT/OPSEC

Operations Security (OPSEC)

POC INFORMATION

Contract Officer (KO): LAURA L HEDRICK Phone Number: (816) 389-3023 E-Mail: laura.l.hedrick@usace.army.mil Purchasing Agent (PA/CS): KATHERINE S AVERY Phone Number: (816) 389-3719 E-Mail: katherine.s.avery@usace.army.mil

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative. Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures.

Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

3. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222- 54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

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 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 07-MAY-2024 TO

06-MAY-2025

N/A USACE, KANSAS CITY +

AMY SNIVELY

CENWK-PMS RM 247

KANSAS CITY MO 64106

(816) 389-3393

966419

0002 POP 07-MAY-2024 TO

06-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 07-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 07-MAY-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 07-MAY-2025 TO

06-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 07-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 07-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 07-MAY-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 07-MAY-2026 TO

06-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 07-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 07-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 07-MAY-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Section H - Special Contract Requirements

WAGE RATES

Applicable Service Contract Act Wage Determination N: 2015-5105; Services: Standard (Area-Wide) Wage Determination; Modification: #21; Published Date: December 26th, 2023. A hard copy will be provided upon request. Link provided:

https://sam.gov/wage-determination/2015-5105/21.

Section I - Contract Clauses

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 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

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

NOV 2023

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

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

L. 117-328).

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

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

____ (11) [Reserved]

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

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

____ (14) [Reserved]

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

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

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

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

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

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

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

657f).

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

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

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

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

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

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

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

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

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

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

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

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

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

X (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

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

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

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

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

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

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

____ (ii) Alternate I [Reserved].

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

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

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

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

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

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

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

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

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

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

X (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

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

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

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

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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

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

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

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

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

X (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).

X (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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiv) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

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

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

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

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

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

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

(xxiv) 52.247-64, Preference…