W912HZ23Q0004 HAZARDOUS WASTE.pdf

X

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

W81EWF22161693

6. SOLICITATION ISSUE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER DATE W912HZ23Q0004 25-Feb-2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SONIA J BOYD

b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME 03:00 PM 10 Mar 2023

9. ISSUED BY CODE W912HZ 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

SMALL BUSINESS

HUBZONE SMALL

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

NAICS:

TEL:

FAX:

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8(A)

13b. RATING

562112

SIZE STANDARD:

$41,500,000

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

15. DELIVER TO

PR W2R2 USA ENGR R AND D CTR

3909 HALLS FERRY RD

VICKSBURG MS 39180-6133

TEL: FAX:

CODE W81EWF

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

16. ADMINISTERED BY

14. METHOD OF SOLICITATION

X RFQ IFB RFP

CODE

17a.CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . YOUR OFFER ON SOLICITATION

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

(TYPE OR PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

TEL:

EMAIL:

(TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SCHEDULE

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

Section B - Supplies or Services and Prices

AMOUNT

HAZWASTE DISPOSAL - BUILDING 3297

FFP

Task 1 HazWaste Disposal Building 3297 FOB: Destination

MILSTRIP: W81EWF22161693

PURCHASE REQUEST NUMBER: W81EWF22161693

PSC CD: V112

NET AMT

HAZWASTE DISPOSAL BUILDING 6017

Task 1 HAZWASTE DISPOSAL BUILDING 6017 FOB: Destination

MILSTRIP: W81EWF22161693

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1 Job

0002 1 Job

HAZWASTE DISPOSAL - BUILDING 6011/6008

Task 1 HazWaste Disposal Building 6011/6008 FOB: Destination

MILSTRIP: W81EWF22161693

HAZWASTE DISPOSAL - EEA BRANCH

Task 1 HazWaste Disposal EEA Branch FOB: Destination

MILSTRIP: W81EWF22161693

0003 1 Job

0004 1 Job

HAZWASTE DISPOSAL - BUILDING 6000

Task 1 HazWaste Disposal Building 6000 EPP GG FOB: Destination

MILSTRIP: W81EWF22161693

HAZWASTE DISPOSAL - BUILDING 6000 EPP M

Task 1 HazWaste Disposal Building 6000 EPP M FOB: Destination

MILSTRIP: W81EWF22161693

0005 1 Job

0006 1 Job

HAZWASTE DISPOSAL - BUILDING 5036

Task 1 HazWaste Disposal Building 5036 FOB: Destination

MILSTRIP: W81EWF22161693

HAZWASTE DISPOSAL - BUILDING 3297 O

Task 1 HazWaste Disposal Building 3297 O FOB: Destination

MILSTRIP: W81EWF22161693

0007 1 Job

0008 1 Job

HAZWASTE DISPOSAL - EXP M

Task 1 HazWaste Disposal EXP M FOB: Destination

MILSTRIP: W81EWF22161693

0010 600 Job

OPTION OPTION 1

FFP

Labpack and disposal of individal chemicals (~600 individual chemicals FOB: Destination

0011 10 Job

OPTION OPTION 2

FFP

Labpack and disposal of 55 gallon drums (2 drums/pallet for 20 drums $3600/pallet)

0009 1 Job

0012 5 Job

OPTION OPTION 3

FFP

0 Labpack and disposal of 30 gallon drums (3 drums/pallet for 15 drums $3350/pallet)

0013 3 Job

OPTION OPTION 4

FFP

Labpack and disposal of 12 gallon drums (10 drums/pallet for 30 drums ($3150/pallet)

OPTION OPTION 5

Labpack and disposal of 5 gallon drums (20 drums/pallet ($3015/pallet)

0014 1 Job

Section C - Descriptions and Specifications

STATEMENT OF WORK

Performance Work Statement (PWS) Service Contract for Hazardous Waste Disposal

Introduction A service contract for hazardous waste disposal is required by the USACE ERDC Environmental laboratory.

Mission The Environmental Laboratory is ERDC’s primary center for ecosystem science, ecosystem technology, and environmental resilience research. EL supports the environmental mission of the U.S. Army Corps of Engineers (USACE), the U.S. Army, the Department of Defense, and the nation. EL is a multidisciplinary team that works together to conduct groundbreaking research projects.

Background The US Army Engineer Research and Development Center (ERDC), Environmental Laboratory (EL), requires means to dispose of hazardous waste generated from ongoing laboratory research. These research projects require the use of chemicals and contaminated water and soils which lead to the generation of liquid and solid wastes that must be disposed as hazardous material. Hazardous waste disposal is required for the removal of chemicals and hazardous waste generated by the EL research teams.

Hazardous Waste Disposal This service contract should include all labor, travel/transportation, materials & supplies, disposal fees and fuel adjustments required for hazardous waste removal and disposal. The removal and disposal of the hazardous waste must comply with all relevant EPA regulations.

Task 1 Service Contract should include all labor, travel/transportation, materials & supplies, disposal fees and fuel adjustments for hazardous waste removal and disposal.

The attached Excel file contains the lists of chemicals with each tab being a separate building or room at USACE ERDC EL Vicksburg, MS.

The lists in each tab shall be lab packed for removal and be disposed of according to current EPA regulations, Title 40 of the CFR Parts 260-299), and DOT regulations. Each tab in the Excel spreadsheet lists the chemicals that need to be disposed, quantity of each chemical, and amount of each chemical.

The contractor shall stage the removal of hazardous waste at the individual buildings and shall provide an organized check list for each pick up site. The list shall be provided to the EL Facility Manager and COR at least 15 business days before waste removal and disposal.

The contractor shall coordinate removal and disposal dates with the EL Facility Manager and COR.

A synopsis of the Excel Spreadsheet tabs are as follows:

Building 3297 – 254 chemicals Building 6017 – 1156 chemicals Building 6011/6008 – 24 chemicals EEA Branch – 68 chemicals Building 6000 EPP GG – 103 chemicals Building 6000EPP M – 134 chemicals Building 5036 – 4 chemicals Building 3299 O – 16 25mL vials, 5 30-gallon drums, 1 12-gallon drum, 4 5-gallon buckets

Building EXP M – explosives waste 9 55-gallon drums, 4 30-gallon drums, 1 5- gallon garbage can

The technical point of contact (POC) will contact the vendor at any time during the 12-month duration of the contracting period to provide lists of chemicals and hazardous waste for removal and disposal. The service contractor shall successfully integrate and coordinate all activity needed to execute the service contract agreement. The contractor shall manage the timeliness, completeness, and quality of problem identification.

Period of Performance This contract is for a period of 12 months.

Travel All travel costs to the ERDC Vicksburg, Mississippi facility shall be included in the cost of the 12-month service agreement.

Deliverables:

The contractor shall provide copies of all paperwork and manifests associated with the hazardous waste removal and disposal.

OPTIONAL Tasks

All Options should include all labor, travel/transportation, materials & supplies, disposal fees and fuel adjustments for hazardous waste removal and disposal.

The hazardous waste shall be lab packed for removal and be disposed of according to current EPA regulations. The COR shall provide the contractor with a list of chemicals or waste if an option is exercised.

The contractor shall stage the removal of hazardous waste at each building and shall provide an organized check list for each pick up site. The list shall be provided to the EL Facility Manager and COR at least 15 business days before waste removal and disposal.

The contractor shall coordinate removal and disposal dates with the EL Facility Manager and COR.

Option Task 2

Removal and Disposal of up to 600 individual chemicals

Option Task 3

Removal and Disposal of up to 20 55-gallon drums

Option Task 4

Removal and Disposal of up to 15 30-gallon drums

Option Task 5

Removal and Disposal of up to 20 5-gallon drums.

The technical point of contact (POC) will contact the vendor at any time during the 12-month duration of the contracting period to provide lists of chemicals and hazardous waste for removal and disposal. The service contractor shall successfully integrate and coordinate all activity needed to execute the service contract agreement. The contractor shall manage the timeliness, completeness, and quality of problem identification.

Period of Performance This contract is for a period of 12 months.

Travel All travel costs to the ERDC Vicksburg, Mississippi facility shall be included in the cost of the 12-month service agreement.

The contractor shall provide copies of all paperwork and manifests associated with the hazardous waste removal and disposal.

Performance Requirements The Performance Requirement Summary is the list of performance objectives and standards that must be performed by the contractor. This matrix details the method of surveillance that will be used to validate and inspect these performance elements.

In evaluating the quality of contractor’s performance, the following performance ratings will be used.

Performance Rating

Criteria

Excellent / Outstanding

Performance meets contractual requirements and exceeds many to the government’s benefits. The contractual performance of the element or sub-element being assessed was accomplished with no problems and contractor actions were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the government benefits. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Good Performance meets contractual requirements. The contractual performance contains some minor problems for which corrective actions taken by the contractor were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

4.1 Performance Requirement Summary (PRS)

Statements Standards/AQLs Inspections Incentive

/Disincentive Task 1 The Contractor shall remove and dispose of hazardous waste and chemicals.

1 Removal & Disposal Paperwork & Manifests

a) Removal and Disposal of hazardous waste and chemicals.

AQL: Meets all government regulations for removal and disposal of waste and provides removal/disposal check lists.

What: Removal & Disposal of Hazardous Waste and Chemicals How: Report and Visual Inspection Who: Technical POC for visual inspection of operation and report Standard(s): Standards apply to all inspections

Rate contractor performance according to rating table.

Option Task 2 The Contractor shall remove and

& Manifests

a) Removal and for removal and disposal of waste and provides removal/disposal check lists.

What: Removal & Disposal of Hazardous Waste and Chemicals How: Report and Visual Inspection Who: Technical POC for visual inspection of operation and report Standard(s): Standards apply to all inspections

Rate contractor performance according to rating table.

Option Task 3 The Contractor shall remove and

& Manifests

a) Removal and for removal and disposal of waste and provides removal/disposal check lists.

What: Removal & Disposal of Hazardous Waste and Chemicals How: Report and Visual Inspection Who: Technical POC for visual inspection of operation and report Standard(s): Standards apply to all inspections

Rate contractor performance according to rating table.

Option Task 4 The Contractor shall remove and

& Manifests

a) Removal and for removal and disposal of waste and provides removal/disposal check lists.

What: Removal & Disposal of Hazardous Waste and Chemicals How: Report and Visual Inspection Who: Technical POC for visual inspection of operation and report Standard(s): Standards apply to all inspections

Rate contractor performance according to rating table.

Option Task 5 The Contractor shall remove and

a) Removal and for removal and disposal

What: Removal & Disposal of Hazardous Waste and Chemicals How: Report and Visual Inspection

Rate contractor performance according to rating table.

& Manifests of waste and provides removal/disposal check lists.

Who: Technical POC for visual inspection of operation and report Standard(s): Standards apply to all inspections

Security

1. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA 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."

2. For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) 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.

3. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "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."

4. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 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, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

http://www.uscis.gov/e-verify)

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 N/A Government N/A Government 0002 N/A Government N/A Government 0003 N/A Government N/A Government 0004 N/A Government N/A Government 0005 N/A Government N/A Government 0006 N/A Government N/A Government 0007 N/A Government N/A Government 0008 N/A Government N/A Government 0009 N/A Government N/A Government 0010 N/A Government N/A Government 0011 N/A Government N/A Government 0012 N/A Government N/A Government 0013 N/A Government N/A Government 0014 N/A Government N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 1 PR W2R2 USA ENGR R AND D CTR

3909 HALLS FERRY RD

VICKSBURG MS 39180-6133

FOB: Destination

W81EWF

0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0003 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0004 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0005 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0006 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0007 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0008 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0009 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

W81EWF

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA:

CONTRACTING POC:

Contracting Officer Contract Specialist Anitra Wilson Office: 601-634-3676 E-mail: Anitra.D.Wilson@usace.army.mil

Sonia Boyd Office: 601-222-1234 Email: Sonia.j.boyd@usace.army.mil

CONTRACTOR POINT OF CONTACT:

Title Name Office Number Fax Number Email:

UIE Number Cage Code

CONTRACTING OFFICER REPRESENTATIVE (COR): To Be Determined at time of award.

INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE IN ACCORDANCE WITH FAR 32.905 (b)(1), OR INVOICE INSTRUCTIONS CONTAINED ELSEWHERE IN THIS DOCUMENT (such as 52.212-4(g))

(2) SUBMIT INVOICE TO:

CEFC.CEFC-payments@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO COR

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR’S FINAL INVOICE SHALL BE

SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE DATE SPECIFIED IN

THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS

OUTLINED ABOVE. IN ADDITION, A COPY MUST BE SENT TO: Sonia.j.boyd@usace.army.mil

ONLY A WARRANTED CONTRACTING, ACTING WITHIN THEIR APPOINTED LIMITS, HAS THE

AUTHORITY TO ISSUE MODIFICATIONS OR OTHERWISE CHANGE THE TERMS AND CONDITIONS OF

THIS CONTRACT. IF AN INDIVIDUAL OTHER THAN THE CONTRACTING OFFICER ATTEMPTS TO

MAKE CHANGES TO THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU SHALL NOT PROCEED

WITH THE CHANGE AND SHALL IMMEDIATELY NOTIFY THE CONTRACTING OFFICER. PROCEEDING

WITH ANY WORK NOT AUTHORIZED BY THE CONTRACTING OFFICER WILL BE AT THE

CONTRACTOR'S OWN RISK.

mailto:Anitra.D.Wilson@usace.army.mil mailto:Sonia.j.boyd@usace.army.mil mailto:CEFC.CEFC-payments@usace.army.mil mailto:Sonia.j.boyd@usace.army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-7 Kickback Procedures JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020

Transactions 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting

Incorporation by Reference of Representations and Certifications.

AUG 2020

52.204-19 DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021 Systems 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting NOV 2021

With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and NOV 2021 Commercial Services

52.212-2 Evaluation – Commercial Items NOV 2021 52.212-3 Offeror Representations and Certifications--Commercial DEC 2022

Products and Commercial Services 52.212-4 Contract Terms and Conditions--Commercial Products and DEC 2022

Commercial Services 52.212-5 Contract Terms and Conditions Required to Implement DEC 2022

Statutes or Executive Orders--Commercial Products and Commercial Services 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52. 217-4 Evaluation of Options Exercised at Time of Contract Award JUN 1988 52.217-5 Evaluation Of Options JUL 1990 52.217-8 Option To Extend Services NOV 1999 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-42 Statement of Equivalent Rates For Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020

While Driving 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright JUN 2020

Infringement 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018

Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business NOV 2021

Subcontractors

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Alt III Changes--Fixed Price (Aug 1987) - Alternate III APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial DEC 2022

Services 52.249-4 Termination For Convenience Of The Government (Services) APR 1984

(Short Form) 52.252-6 Authorized Deviations In Clauses NOV 2020 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD SEP 2022

Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 252.204-7006

Control Of Government Personnel Work Product Billing Instructions

APR 1992

OCT 2005

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016

Support 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense DEC 2022

Contractors 252.219-7011 Notification to Delay Performance JUN 1998 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned MAY 2020

Aircraft Systems (DEVIATION 2020-O0015) 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.227-7014 Rights in Noncommercial Computer Software and FEB 2014 Noncommercial Computer Software Documentation 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure JAN 2023

Restrictions 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7028 Technical Data or Computer Software Previously Delivered JUN 1995 to the Government 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data DEC 2022 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(a) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

http://www.sam.gov/

(10) Company headquarters name and address (reporting relationship within your entity).

(b) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562112.

(2) The small business size standard is $41,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold.

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.