W912MM-22-P-0035.pdf

SEE ADDENDUM

(No Collect Calls)

W912MM22Q0028 27-Apr-2022

b. TELEPHONE NUMBER

605-737-6923

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 11 May 2022

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.605-737-6502

W912MM9. ISSUED BY

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

W912MM22P0035 24-May-2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DOUGLAS W. HARDING

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

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

0011792611

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

MONTY C. EISENBRAUN / CONTRACTING OFFICER

See Schedule $95,190.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.13-May -2022 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN W912MM22Q0028

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 1WRK6 FACILITY

OFFEROR CODE

USPFO SD PURCHASING & CONTRACTING

2823 WEST MAIN STREET

RAPID CITY SD 57702-8186

SOUTH DAKOTA DEPARTMENT OF MILITARY AND

TRAINING OFFICE

JAMES FORBES

2823 W MAIN ST

RAPID CITY SD 57702-8170

DFAS-INDY VP GFEBS HQ0670

8899 E 56TH STREET

INDIANAPOLIS IN 46229-3800

18a. PAYMENT WILL BE MADE BY CODE HQ0670

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE W56TJU 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

1-196TH RTI

SEE STATEMENT OF WORK

54 SHERIDAN STREET

FORT MEADE SD 57741

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

721110

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

X

EMAIL: monty.c.eisenbraun.mil@mail.mil

(605) 737-6738TEL:

31c. DATE SIGNED

24-May-2022

SEE SCHEDULE

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

24.22.21.19.

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 OF22

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.

W912MM22P0035

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATMENT

LODGING DATES: 3 JUNE – 30 JULY 2022 LOCATION: Ft. Meade/Sturgis SD 57741

LODGING REQUIREMENTS:

The Regional Training Institute (RTI) and South Dakota Army National Guard (SDARNG) has a requirement to support scheduled training with private and semi-private rooms. Hotel rooms shall have one bed per single room or two beds per semi-private/double occupancy rooms and an attached bathroom. The hotel shall provide all bedding and pillows. There should be a minimum of two pillows per bed, sheets and a blanket. The room shall contain a heating and cooling system that can be controlled by the occupants. The minimum requirements for the bathroom are shower, towels, toilet and sink.

The schedule for sleeping rooms required:

Option 1 Price per room:

Semi-Private Rooms - $______ Max Rooms Available_______ Private Rooms - $______ Max Rooms Available_______

Option 2 Price Per Room:

Semi-Private Rooms - $______ Max Rooms Available_______ Private Rooms - $______ Max Rooms Available_______

Option 3 Price Per Room:

Semi-Private Rooms - $______ Max Rooms Available_______ Private Rooms - $______ Max Rooms Available_______

Option 4 Price Per Room:

Semi-Private Rooms - $______ Max Rooms Available_______ Private Rooms - $______ Max Rooms Available_______

Private Rooms will meet the above criteria with a single private bathroom not attached to any other rooms. Single occupancy rooms.

Semi-Private Rooms will meet the above criteria but an attached bathroom to two adjoining rooms or double occupancy room.

2022 Lodging Request

Semi-Private Private

3 June - 30 July

57 nights 38 Semi-P Rooms Thirty-Eight rooms x 57 Nights x $ $

57 nights 20 Private Rooms Twenty rooms x 57 Nights x $ $

2166 nights 1140 nights

The total number of rooms for OCS 3 JUNE – 30 JULY 2022 “SHALL NOT EXCEED” 2,166 room nights for semi-private rooms.

The total number of rooms for OCS 3 JUNE to 30 JULY 2022 “SHALL NOT EXCEED” 1140 room nights for private rooms.

***ANY CHARGES IN ADDITION TO THE ROOM CHARGE SHALL BE THE

RESPONSIBILITY OF THE INDIVIDUAL. THE INDIVDIUAL WOULD BE

RESPONSIBLE FOR SUCH CHARGES AS, BUT NOT LIMITED TO, PHONE CALLS,

LAUNDRY, ROOM SERVICE, SMOKING FEES, ETC. THESE CHARGES WILL NOT BE

TAX EXEMPT. ***

Vendor will give price per room and list number of max rooms they are capable of providing. Multiple awards may be issued to ensure all candidates are provided lodging.

Awards will be based on best value to the Government.

SDARNG will be responsible to pay only for the actual number of rooms utilized. SDARNG will assume responsibility for payment of the rooms only. The collection of any additional charges from individual occupants is the vendor’s responsibility. Only room charges will be tax exempt.

Same room rate will apply for that particular Year/Item Number, seperate Years/Item Numbers can include a different price. For example, 2022, 2023 and 2024 as stated above can be priced the same or different but the price for 2022 cannot change throughout 2022. Quotes will be evaluated using Clause 52.212-2 Evaluation – Commercial Items. Please provide any additional items that are contained in the room, such as refrigerator, microware, internet, etc. One or more awards will be made as what is determined to be in the best interest of the government.

Prior to award, the Government reserves the right to inspect the facilities offered in the Request for Quote (RFQ).

Motel must have 24-hour desk service to facilitate check-in/out and phone messaging.

SDARNG of Contact (POC) will coordinate a minimum of 1 week in advance with the contractor to request number of rooms to be reserved. Rooms will not automatically be reserved by Hotel managers for estimated dates in this document. The SDARNG POC shall coordinate room numbers on an ongoing basis. The hotel shall allow a 48 hour cancellation notice, should the requested number of rooms need to be changed. The SDARNG POC shall coordinate room numbers on an ongoing basis with the contractor. A room roster will be provided to the hotel by the SDARNG POC. The SDARNG is responsible for all rooms reserved.

SDARNG POC will coordinate and maintain an updated usage matrix with full names and dates.

These will be used to validate invoices presented for payment. SDANG POC must submit reconciled paperwork detailing the number of rooms utilized and itemized vendor invoice prior to payment being authorized. The SDARNG POC will coordinate at least 48 hrs in advance with the contractor to provide the final number of rooms to be utilized.

SDARNG POC: To Be Announced

Invoicing Invoicing will be completed electronically at https://WAWF.eb.mil/. Payment will be based on the actual number of room night stays. See page titled, Subject: Wide Area Workflow Invoicing Information, for Instructions.

At the end of each Period of Performance completed for each individual Item Number or at the end of the contract, the vendor will submit a detailed itemized bill identifying the building/location, number of rooms, types of rooms and dates utilized per Item Number for the billing cycle to Commercial Accounts.

System for Award Management (SAM) As instructed by the Office of the Secretary of Defense, prior to awarding a contract, vendor must be registered in a DoD SAM (System for Award Management) database. Information regarding registration can be obtained at the following website: www.sam.gov If the Internet is not available, you can call the local Procurement Technical Assistance Contact (PTAC) at 605- 367-5252 for assistance.

Operational Security The contractor will protect controlled unclassified information (i.e. training times, number of personnel, etc) pertaining to daily operations. The COR/POC will brief the vendor on what information needs to be protected, why it needs to be protected, and how to protect it.

SERVICE DELIVERY SCHEDULE

The Contractor Service Delivery Schedule identifies the major tasks or deliverables the contractor will be providing or accomplishing during the contract period. The schedule identifies the task standards, the acceptable level of quality and the primary method the Government will use to assess the contractor’s performance.

CONTRACTOR’s SERVICE DELIVERY SCHEDULE ROOMS

Deliverable/Tasks Performance Standard Acceptable Quality Level

Method Used/ Frequency

Sleeping Room -Beds are in good condition -Pillows are provided -Room door locks properly -Room is clean -Blankets are clean

95% of time -Complaint

Bath Room / Shower

-Shower works properly with hot water -Shampoo and soap provided -Towels provided are clean -Bathroom is clean

100% of time -Complaint

Heating/Cooling -Heating system works properly -Air conditioning works properly

95% of time -Complaint

Amenities -Coffee provided in room -Iron and ironing board provided -Microwave provided in room

95% of time -Complaint

-Refrigerator provided in room

Operational Security Requirements

-Contractor will protect controlled unclassified information pertaining to daily operations.

100% of time -Daily inspection and spot check

1. PERFORMANCE STANDARDS:

1.1 The Performance Requirements includes performance standards. The Government shall use these standards to determine contractor performance. Regardless of the surveillance method, the Contracting Officer Representative (COR) shall always contact the contractor’s task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting specific performance standards.

1.2 Methods of Quality Assurance Surveillance

Direct Observation. (Can be performed periodically or through 100% Surveillance) Periodic Inspection. (Inspections may be scheduled daily or unscheduled as required) Validate User/Consumer Complaints. (Relies on the user of the service to identify deficiencies. Complaints are then investigated and then validated)

1.3 Ratings. Metrics and Methods are designed to determine if performance exceeds, meets or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral or negative outcome. The following ratings shall be used:

QUESTIONS AND ANSWERS

1. What is the geographical restriction for the required rooms and Ft Meade is the target location, is there an address and required distance is based on radius mile or driving mile?

ANSWER: There is not a set restriction for distance. During this time, South Dakota has a lot of tourist and we do not want to place a limit on mileage in case hotels get filled up. As close to Fort Meade and Sturgis area as possible is recommended if availability permits.

2. All lodging requests will be consecutive stay for 57 nights or will there be check ins and check outs throughout the 57 day period?

ANSWER: Most rooms will be consecutive, there are a few that may have check in and check outs. An official schedule of dates will be provided to awarded offeror at time of award.

3. Will the awarded vendor receive a tax exemption certificate?

ANSWER: The award/contract with the Federal Government may serve this purpose.

4. There is a Pre-Solicitation posted on www.sam.gov with the same Notice ID # as the Solicitation listed above, however the response date for the Pre-Solicitation is 5/19/22 and the Solicitation?sresponse date is 5/11/22. Are we expected to respond to both notices?

ANSWER: The date on the solicitation is the correct date. The Pre-Solicitation date is an estimate that depended on when the solicitation was published. Offers are due 12:00pm on 11 May 2022.

5. In the Section entitled ?INSTRUCTIONS TO OFFERORS?, Item 2.4 states ? A complete offer package includes (b) Completed pricing for CLINs (may give pricing for only Main Lodging or Overflow Lodging), however there is no informationregarding the number of rooms or days required for Overflow Lodging. Is it mandatory that we quote Main and Overflow Lodging, or do we have the option to choose? What are the days and number of rooms needed for Overflow Lodging?

ANSWER: Instructions to offerors (52.212-1 Adendum) to be corrected. Provide an estimated number of rooms that can be provided and their price.

6. Will the contract be awarded based on all options rates or just based on rates for 2022?

ANSWER: Evaluation will be conducted inclusive of option rates per FAR Clause 52.217-5.

7. Will breakfast & parking be required?

ANSWER: Breakfast and parking are not required per the soliciation.

8. If rooms has to be split between multiple properties, how many hotels are allowed to split the rooms.

ANSWER: There is no set number, but should be reasonable and no more than three different locations.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1,995 Each $30.00 $59,850.00 2022 Semi-Private Rooms

FFP

Service, Non-Personal

Army Lodging Fort Meade/Sturgis, SD 57785

Dates and estimated room requirment:

Check-in / Check-out Dates:

3 June - 30 July 2022

35 Rooms x 57 nights = 1,995 *** See attached PWS for complete details.

GOV POC: Jacob Vissia -

Vendor POC: Jim Fleming -

3953: W56TJU-1310-0502

FOB: Destination

PURCHASE REQUEST NUMBER: 0011792611

PSC CD: V231

NET AMT $59,850.00

ACRN AA

CIN: GFEBS001179261100001

$59,850.00

0020 1,140 Each $31.00 $35,340.00 2022 Private Rooms

FFP

Service, Non-Personal

Army Lodging Fort Meade/Sturgis, SD 57785

Dates and estimated room requirment:

Check-in / Check-out Dates:

3 June - 30 July 2022

*** See attached PWS for complete details.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011792611

NET AMT $35,340.00

ACRN AA

CIN: GFEBS001179261100002

$35,340.00

1010 1,995 Each $30.00 $59,850.00 OPTION 2023 Semi-Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

FOB: Destination

1020 1,140 Each $31.00 $35,340.00 OPTION 2023 Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

2010 1,995 Each $30.00 $59,850.00 OPTION 2024 Semi-Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

2020 1,140 Each $31.00 $35,340.00 OPTION 2024 Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

3010 1,995 Each $30.00 $59,850.00 OPTION 2025 Semi-Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

3020 1,140 Each $31.00 $35,340.00 OPTION 2025 Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

4010 1,995 Each $30.00 $59,850.00 OPTION 2026 Semi-Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

4020 1,140 Each $31.00 $35,340.00 OPTION 2026 Private Rooms

FFP

Service, Non Personal

Expected dates to be between June 1 and July 31. Schedule will be provided when Intent to Exercise Option is sent to vendor.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0010 Destination Government Destination Government 0020 Destination Government Destination Government 1010 Destination Government Destination Government 1020 Destination Government Destination Government 2010 Destination Government Destination Government 2020 Destination Government Destination Government 3010 Destination Government Destination Government 3020 Destination Government Destination Government 4010 Destination Government Destination Government 4020 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0010 POP 01-JUN-2022 TO

31-MAY-2023

N/A 1-196TH RTI

SEE STATEMENT OF WORK

54 SHERIDAN STREET

FORT MEADE SD 57741

605-737-6450

W56TJU

0020 POP 01-JUN-2022 TO

31-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

1020 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

2020 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

3020 POP 01-JUN-2025 TO

31-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

4010 POP 01-JUN-2026 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

4020 POP 01-JUN-2026 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

ACCOUNTING AND APPROPRIATION DATA

AA: 02120222022206500001121212580040120987 6100.9000021001

COST CODE: A18SU

AMOUNT: $95,190.00

ACRN CLIN/SLIN CIN AMOUNT

AA 0010 GFEBS001179261100001 $59,850.00

0020 GFEBS001179261100002 $35,340.00

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

JUN 2020

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

Certifications.

DEC 2014

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

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

DEC 2021

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

JAN 2022

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 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report 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 (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer 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 information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2021)

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

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

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

(i) Within 3 business days 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 number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

W56TJU

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

INVOICE 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0670

Issue By DoDAAC W912MM

Admin DoDAAC** W912MM

Ship To Code W56TJU

Service Acceptor (DoDAAC) W56TJU

WAWF Acceptor MSG Josh Wermers – joshua.j.wermers.mil@army.mil CPT Jacob Vissia – jacob.j.vissia.mil@army.mil SFC Josh Guthmiller – joshua.j.guthmiller.mil@army.mil

Contract POC:

Douglas.w.harding.civ@army.mil

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact. Visit http://www.aptac-us.org to find your local Procurement Technical

Assistance or Helpdesk@dfas.mil or call (800)456-4571, option 6

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.