W912DS23Q0011.pdf

SEE ADDENDUM

(No Collect Calls)

W912DS23Q0011 28-Jul-2023

b. TELEPHONE NUMBER

917-790-8182

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 04 Aug 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DS9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MONICA C CHAHARY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912DS 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

REAL ESTATE OFFICE - NAN

ALICIA BIGGS

26 FEDERAL PLAZA ROOM 16-508

NEW YORK NY 10278

TEL: 917-790-8440 FAX:

212-264-3013FAX:

TEL: 917-790-8026 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238390

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

X

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF68

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Upgrade Action 406123

FFP

Army, 53 West Sunrise Highway, Freeport, New York 11520 FOB: Destination

NET AMT

0002 1 Job Upgrade Action 404383

FFP

Army, 65 Atlantic Avenue, Lynbrook, New York 11563

0003 1 Job Upgrade Action 409497

FFP

Air Force, 116 East Main Street, Patchogue, New York 11772

0004 1 Job Upgrade Action 409409

FFP

Marines, 116 East Main Street, Patchogue, New York 11772

0005 1 Job Upgrade Action 410313

FFP

Navy, 116 East Main Street, Patchogue, New York 11772

0006 1 Job Upgrade Action 395610

FFP

Marines, Selden Plaza, 281 Middle Country Road, Selden, New York 11784

0007 1 Job Upgrade Action 406106

FFP

Army, Selden Plaza, 281 Middle Country Road, Selden, New York 11784

0008 1 Job Upgrade Action 406107

FFP

Army 322 East Main Street, Riverhead, New York 11901

Section F - Deliveries or Performance

TOTALS & NOTES

TOTAL BASE BID PRICE FOR LINE ITEMS 0001 – 0008 __________________

NOTES:

1. Total offer shall include all costs associated with each item number including all bonding, overhead, and profit.

2. Bidders must submit a price for every CLIN. Failure to do so may result in the bid being considered unacceptable.

3. Acceptance Period: Quotes are to be valid for 90 calendar days.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-SEP-2023 1 REAL ESTATE OFFICE - NAN

ALICIA BIGGS

26 FEDERAL PLAZA ROOM 16-508

NEW YORK NY 10278

917-790-8440

W912DS

0002 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0003 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0004 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0005 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0006 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0007 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

0008 15-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

SCOPE OF WORK

Military Recruiting Facilities

DOCUMENT# 392993

SCOPE OF WORK (SOW)

Nassau and Suffolk Counties, NY

Recruiting Offices(multiple locations)

GENERAL STANDARDS (GS)

A. General Guidance:

GENERAL DESCRIPTION: The contractor shall provide all labor, material, equipment, and supervision to accomplish this FY 2023 Upgrade Request for the locations and military services as below:

1. Each designated military service will have their specific standards utilized along with the following General Standards (GS). Any significant departure from either the intent of these construction specifications or the approved floor plan will require prior approval of the Corps of Engineers (COE); P.O.C.: Courtney McCathern, phone #: (917) 612-8042, email:

Courtney.Mccathern@usace.army.mil. IMPORTANT: NOTHING

IN THESE SPECIFICATIONS WILL PROHIBIT THE

SUBSTITUTION, WITH PRIOR APPROVAL OF THE COE, OF AN

EQUIVALENT PRODUCT, SERVICE OR FINISH.

2. This Scope of Work (SOW) document constitutes the entirety of the service requirements for the FY 23 upgrades for the below locations.

3. The Contractor (contract awardee) will be responsible for permitting, constructing, operating, maintaining and obtaining a Certificate of Occupancy for this facility in accordance with the solicitation requirements.

Any changes on the progress for this upgrade project should be addressed directly to the COE representative. Fourteen (14) days from contract award, the contractor MUST provide to the COE a project schedule or Gantt chart for the completion of this project. The recruiters for the subject office are NOT authorized to change anything related to the construction of the office. The contractor is responsible for using SOW# on all document (Statement of work) for completing these service requirements. All furniture removal and furniture repositioning will be the responsibility of the contractor.

4. Codes and Standards: The facility must comply with all Federal, State and local construction standards, building codes and all other applicable laws. Any variance from these guidelines must have prior approval by the authority having jurisdiction. Where conflicts between standards arise, the build-out of the recruiting office must comply with the most stringent requirements.

5. Only Energy Star labeled components and natural resource conserving/recyclable products shall be installed.

6. Contractor must have liability insurance to cover the job as will as provide a certificate of insurance to each Lessor upon request before work starts.

a. Selected Contractor must visit site before submitting their cost proposal.

b. Selected Contractor must complete this job no later than September 15, 2023.

c. Selected Contractor must complete this job during normal business hours (9am – 5pm) in the presence of an authorized military personnel. Under no circumstances will a contractor be given keys or access codes to the facility.

d. Selected Contractor must remove and dispose (from premises) all existing materials.

e. Selected Contractor will contact Courtney McCathern at 917-612-8042 and provide a work schedule before gaining access to the Installation.

f. Selected Contractor will secure work site before, during and after work job.

g. Selected Contractor must clean up after completing the job.

h. Selected Contractor must have legal and authorized personnel to perform this job. However, no security clearance is required.

i. Selected Contractor must relocate furniture and other items, within the center of the office space, storage room and/or testing room; however, storage and testing room should not be blocked from future access. Contractor is responsible for moving and replacing all furniture, equipment including the wall artwork back to their original location.

j. Upon request from the Army Corps of Engineers, Owners/Property Manager, the selected contractor must provide insurance bond. (AMOUNT TBD BY OWNER) in the owner’s name.

k. Selected Contractor will contact COURTNEY MCCATHERN (the POC) for full inspection after completion.

Payments will not be released until the work is fully done and inspected.

l. Selected Contractor must be aware that payment may not be received until 60 days after work is completed and inspected.

Upgrade for Completion

Upgrade Action 406123, Army, 53 West Sunrise Highway, Freeport, New York 11520

PLUMBING GENERAL - INSTALL ELECTRIC WATER FOUNTAIN: ENERGY STAR RATED

C. Plumbing:

Install new electric water fountain (in accordance with specifications below) Applicable Specifications and General Standards:

Drinking fountain-water cooler / bottle filling station: Lessor to remove and replace current water fountain (non-working); install a stainless-steel drinking fountain, non-filtered electric water cooler, with an attached bottle filling station.

Remove and install new urinal.

1. Restroom Fixtures, Accessories and Miscellaneous: Shall contain the following:

a. Urinal flush valves to be a hardwired touchless, finish (SS).

b. Urinal screen and/or toilet partition panels – finish (SS).

Upgrade Action 404383, Army, 65 Atlantic Avenue, Lynbrook, New York 11563

Remove and install new toilet.

a. Toilet flush valves to be a hardwired touchless, finish (SS).

2. Install new electric water fountain (in accordance with specifications below) Applicable Specifications and General Standards:

Drinking fountain-water cooler / bottle filling station: Lessor to remove and replace current water fountain (non-working); install a stainless-steel drinking fountain equal to, non-filtered electric water cooler, with an attached bottle filling station.

Upgrade Action 409497, Air Force, 116 East Main Street, Patchogue, NY 11772

Remove and replace existing smoke detector

1. Dual Sensor Photoelectric / Ionization Smoke and Fire Detector-Alarm: The Lessor shall ensure the location and installation of all smoke detectors are in accordance with manufacturer’s recommendations for coverage area. At a minimum, at least one hardwired, 120-volt smoke detector with lithium battery backup and test function shall be installed in each military recruiting office and common area, The alarm will be UL approved and capable of emitting an audible alarm of at least 85 dB at 10 feet.

Upgrade Action 409409, Marines, 116 East Main Street, Patchogue, NY 11772

Remove existing carpet and replace with approximately 38 square yards of new carpet:

MARINE CORPS CARPET SCHEDULE

Style: U. S. Marine Corps Recruiting Standard: # 710S4 Color (Name, Number): Lead, 49500

Product: Carpet Tile Installation Method: Monolithic Installation Adhesive: "LokDots" Adhesive System

Note: If selected, for expedited delivery - government pricing contact: Contract for ALL inquiries go to website: For pricing and order inquiries go to the pricing & ordering tab at the above website, or call:

1-800-356-7429 ext. 1. For general inquiries call Michele Leise, 402-968-6025, Upgrade Action 410313, Navy, 116 East Main Street, Patchogue, NY 11772

Repaint the Navy Office and the restroom (approximately 800 sq feet).

NAVY PAINT SCHEDULE

Color Name: Color #: Color: Coats: Finish: Area:

PRIMER ProMar 200 White (see Note 1)

B28W02600 2 Latex: Acrylic Primer

All Walls / All Painted Trim

United States Navy Recruiting White SW 7757 High Reflective

White

B20W2650 2 Latex: Eg-Shel Walls (above chair rail)

United States Navy Recruiting Blue SW 9177 Salty Dog

B20T2654 2 Latex: Semi- Gloss

Walls (below chair rail)

United States Navy Recruiting Gold SW6903 Cheerful

B31Y2657 2 Latex: Eg-Shel Chair Rail

United States Navy Recruiting White SW 7757 High Reflective

White

B31W2650 2 Latex: Semi- Gloss

Trim

Note 1: ProMar 200 Primer to be tinted to match the applicable wall color for all walls, and all painted trim.

Note 2: Paint schemes and wall finishes to be applied as referenced on floor plan / AE drawing / finish schedule.

Note 3: All window and door frames shall have semi-gloss finish; color to be: United States Navy Recruiting White.

Note 4: Walls to be: United States Navy Recruiting White above chair rail and United States Navy Recruiting Blue below the chair rail.

Note 5: Chair Rail shall have semi-gloss finish; color to be: United States Navy Recruiting Gold.

Note 6: Restrooms: See Common Area Paint Schedule.

Note 7: If selected, contractor should request colors as “United States Navy Recruiting...” Formulas to these color names are available on National Accounts Database.

Note 8: The color type will need to be preapproved by the Government prior to commencing work. There is no requirement to use a specific brand name.

Installation of a vinyl wall graphic for the Navy.

Remove and replace approximately 60 sq yards of carpet:

Style: U.S. Navy Recruiting Standard: # 800G3 Color (Name, Number): Water Garden, 69400 Product: Carpet Tile Installation Method: Monolithic (See Note #1) Installation Adhesive: "LokDots" Adhesive System

Note 1: Carpet tile installation to be installed monolithic with all arrows pointing in the left-direction upon walking into the entrance of the space.

Note 2: If selected, for expedited delivery - Government pricing contact: Contract for ALL inquiries go to website: For pricing and order inquiries go to the pricing & ordering tab at the above website, or call:

1-800-356-7429 ext. 1. For general inquiries call Michele Leise, 402-968-6025.

NAVY CARPET SCHEDULE

a. 1 commercial toilet (Toilet flush valves to be a hardwired touchless, finish (SS).

b. Urinal flush valves to be a hardwired touchless, finish (SS).

Upgrade Action 395610, Marines, Selden Plaza, 281 Middle Country Road, Selden, New York 11784

c. CEILINGS GENERAL - SPOT REPLACE ALL ACOUSTICAL CEILING TILES (2X4/2X2)

Replace and interior office door for the Marines:

b. Interior: All interior doors will be a solid-core, flat panel, maple veneer, pre-hung wood unit with metal door frame with convex door bumper. Hardware sets including a door lever profile similar or equal to Hager, style; ‘August’, shall be Grade 2 or better with brushed, stainless steel finish or finish to comply with existing standards.

3. See also paragraph G.7.a.6 for keying details, and A.4 regarding the number of recruiters needing keys.

4. All interior doors shall be a minimum thickness 1-¾”, solid core, 36” x 80”.

5. Finish:

i. Frames (for doors & windows) to be as referenced within each Military Services Paint Schedules (except Air Force in paragraphs G.4 and G.5).

ii. Door color to be stained MinWax, Red Chestnut #232 (on all sides). Two (2) coats of polyurethane matte finish to be applied to stained areas.

iii. All interior door frames to match interior window frames in style and finish.

6. Main Access to each Military Service, Recruiter-in-charge interior office(s) and Test Rooms to have full-length glass door.

Mini-blinds to be installed on interior doors (except test rooms): See Para. G.9.c

Upgrade Action 406106 Army, Selden Plaza, 281 Middle Country Road, Selden, New York 11784 Paint the Army office approximately 2160 sq feet.

ARMY PAINT SCHEDULE

Color Name: Color #: Product: Coats: Finish: Area:

PRIMER ProMar 200 White (see Note 1)

B28W02600 2 Latex: Acrylic Primer All Walls / All Painted Trim

United States Army Recruiting Off-White

SW 6148 Wool Skein B20W12651 2 Latex: Eg-Shel Walls

United States Army Recruiting Khaki

SW 6150 Universal Khaki B31W2651 2 Latex: Semi-Gloss Trim

United States Army Recruiting Green

SW 6166 Eclipse B20T2654 2 Latex: Eg-Shel Accent Wall

Note 1: ProMar 200 Primer to be tinted to match the applicable wall color for all walls, and all painted trim.

Note 2: Paint schemes and accent wall finishes to be applied as referenced on floor plan / AE drawing / finish schedule.

Note 3: All window and door frames shall have semi-gloss finish; color to be: United States Army Recruiting Khaki.

Note 4: Accent wall to be: United States Army Recruiting Green.

Note 5: Restrooms: See Common Area Paint Schedule Note 6: If selected, contractor should request colors as “United States Army Recruiting...”

Formulas to these color names are available on National Accounts Database.

Note 7: The color type will need to be preapproved by the Government prior to commencing work. There is no requirement to use a specific brand name.

Walls should be sanded to a smooth and professional finish to prepare them for application of new paint.

New Career Service Center exterior box sign.

H. Signage:

1. Exterior Signage: If collocated, Brand Identity Sign will read “Armed

Forces Career Center” and shall comply with local building code requirements and Lessor specific guidelines. The sign shall have LED technology and be fabricated and installed in accordance with the referenced graphic and design standards. Channel letter returns and raceway color to match building façade. Note: The COE will provide an EPS format file to the Lessor for sign fabrication. The sign will be the maximum size allowed by code.

Note: If appropriate, to achieve contrast to the building façade, white lettering may be substituted for red lettering.

a. Collocated offices (side by side entrances) are to receive the “Armed Forces Career Center” signage.

Upgrade Action 406107, Army 322 East Main Street, Riverhead, NY 11901

Remove and replace toilet in the Ladies Room.

ATOPSEC

Access and General Protection/Security Polley and Procedures.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements CE8B...clause 52.204-9, Persona) Identity VerjfjcaUon of Contractor Personnel) as directed by DOD, HODA and/or local policy. in addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-111) and Terrorist Screening Database (TSDB) (Army. Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, In accordance with status of forces agreements and other theater regulations.

Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

252.222-7999 252.222-7999 Combating Race and Sex Stereotyping (DEVIATION 2021-O0001)

COMBATING RACE AND SEX STEREOTYPING

(DEVIATION 2021-O0001) (JAN 2021)

Notice: On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950 “Combating Race and Sex Stereotyping.” So long as the December 22, 2020 preliminary injunction remains in force, the Government shall not enforce any provisions contained in Government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the Government shall not cancel, terminate, suspend in whole or in part, any contractor or subcontractors’ Government contracts, nor declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the Government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives. To the extent that you have included the Executive Order’s provisions in subcontracts, please provide them with a copy of this notice.

(a) Definitions. As used in this clause—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph

(b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-14 Limitations On Subcontracting OCT 2022 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-6 Authorized Deviations In Clauses NOV 2020

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Products and Commercial

Services

MAR 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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

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

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

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

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

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

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

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

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

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

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

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

___ (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.)

___ (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]

X (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).

___ (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]

____ (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.

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

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

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

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

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

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

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

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

____ (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 (MAR 2023) (15 U.S.C. 632(a)(2)).

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

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

X (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…