W912PQ-22-Q-0024 FITG.pdf

PDF 1 MB Posted Mar 3, 2022

Attached to: Fort Indiantown Gap Catering
Solicitation number: W912PQ-22-Q-0024
Issued by: Department of the Army New York Army National Guard

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SEE ADDENDUM

(No Collect Calls)

W912PQ22Q0024 03-Mar-2022

b. TELEPHONE NUMBER

518-786-4747

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 07 Mar 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.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINE CAMPBELL

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

0011738974-0001

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

722320

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

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 OF92

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.

W912PQ22Q0024

Section SF 30 - BLOCK 14 CONTINUATION PAGE

PERFORMANCE WORK STATEMENT

Performance Work Statement

(PWS)

642 ASB Individual Weapons Qualification, Contracted Feeding At

Fort Indian Town Gap, PA

SECTION 1

1 DESCRIPTION OF SERVICES: The New York Army National Guard (NYARNG) anticipates Catering for all feeding needs at Fort Indian Town Gap during 6-11 April 2022 Individual Weapons Qualification (IWQ). The Community Club in house DFAC is the suggested caterer.

1.1 SPECIFIC REQUIREMENTS: The Contractor will supply or have all paper products, silverware, mermite containers, utensils for serving for all points of this contract.

1.1.1 The contractor will designate in writing a supervisor authorized to act on the contractor’s behalf during the performance of this contract and will provide the COR a written designation of the supervisor via email 48 hours prior to any change in contractor supervision. This individual will be the single point of contact between the Contracting Officer Representative COR and contractor on all matters of the contract.

1.2 GENERAL INFORMATION:

1.2.1 HOURS OF OPERATION: The Hours of operation at 0600 – 0800 for Breakfast and 1730-1830 for Dinner are standard and requested.

1.2.2 QUANTITY: Contractor will provide Quantity specified in Appendix A (Troop Meal Paper work).

1.3 STANDARDS OF CONDUCT: The contractor will conform to specified professional standards. The vendor shall be Serve Safe certified and conduct their business accordingly. Must keep food at proper temperatures to ensure bacteria growth is not present; temperatures for hot 140 degrees F, cold 40 Degree F.

1.3.1 The contractor will comply with all Federal, State and local laws, regulations, policies, permits and insurance.

1.3.2 Failure to maintain sanitary work and feeding environment will constitute a breach in standards.

1.4 SPECIAL INSTRUCTIONS:

1.4.1 The use of alcoholic beverages or illegal drugs by Contractor personnel while on duty is strictly forbidden. Any violation shall be cause for immediate removal of the offender(s) by the Contractor from further work. Removal of employee(s) for such cause does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

1.4.2 The government reserves the right to change quantities of portable toilets during the period of performance. If this change is required, a modification will be generated by the contracting officer. The contractor will not perform any work above the stated quantities authorized by the contracting office.

1.5 RELOCATION OR MOVE OF LOCATIONS: Government will not change location without a 2 week notice to the vendor. As well a reciprocation of this policy goes to the vendor.

1.6 ADDITIONAL WORK BY CONTRACTOR: Any additional goods or change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed contracting officer; except as may be explicitly authorized in the contract, will be done at the financial risk of the Contractor. Only the Contracting Officer is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.

1.7 SECURITY REQUIREMENTS:

1.7.1 Controlled Unclassified Information (CUI). Observation of events, operations, physical changes, etc. may reveal sensitive information. Therefore specific restrictions are needed to preclude unintentional release of this information to unauthorized parties.

CUI includes any images, data or information, or observed events that reveal information about government operations, personnel, equipment; including, but not limited to: head-counts, activities, schedules, work/deployment frequency, routines, techniques, procedures, assets, weapons, equipment, personnel names, titles, positions, personnel movements, facility conditions, repairs, equipment movements, equipment orders, deliveries, shipments, etc. Unauthorized disclosures and attempts to solicit this type of information by unauthorized third parties or others not affiliated with this contract must be immediately reported to the installation Security Office.

1.7.2 Contractor and all associated sub-contractors will not release, perform, display, or disclose any Controlled Unclassified Information (CUI) to any person other than its own employees who require these data to perform the contracted services. Non-disclosure will specifically include data particular to para 1.2 and Appendix A; such as delivery schedules, service dates and times, quantities, locations, conditions, indicators of usage, and any observed troops.

1.7.3 The contractor, contractor employees, and associated sub-contractors will NOT disclose to unauthorized third parties, unofficial websites (including Social Networking sites), company websites, publications, newsletters or other any media; any CUI images, data or information that may reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information. Company press releases related to this contract will be coordinated through the Contracting Officer.

1.7.5 Contractor and all associated sub-contractors employees will provide all information required for background checks to meet installation 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 Contract 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.7.5 Contractor and all associated sub-contractors employees will 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).

1.8 ACCESS CONTROL:

1.8.1 All persons requesting access to Fort Indian Town Gap must have a legitimate purpose to access the installation under the terms of this contract, and must present a current valid Government (Federal, State, or Local) issued photographic identification card. All persons must present identification to any acting security personnel upon request at any installation access control point or during any point of occupation.

1.8.2 All contractor employees will carry proper photo identification with them at all times. The contractor must ensure compliance with all regulations and orders of the installation which may affect performance.

1.8.3 Unscheduled gate closures by Security Personnel may occur at any time, causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. All vehicles are subject to search and inspection pursuant applicable regulations.

1.8.4 The contractor's employees will become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation.

1.8.5 Any person requesting to bring a privately or commercially owned vehicle onto Ft Indian Town Gap (FTIG) will provide current documentation to show that the vehicle is properly registered with a Department of Motor Vehicles or a private vehicle leasing agency in the Continental United States (CONUS). Failure to provide proper documentation will result in denial of vehicular access to the installation. Vehicles entering FTIG will be subject to inspection upon entry.

1.8.6 Any moving violation of any applicable motor vehicle regulation may result in the termination of that contractor employee's installation driving privileges.

1.8.7 Hours of access for delivery vehicles and shipments are 8:00 AM - 3:00 PM daily.

Contractor will provide all coordination with unit POC’s on-site to receive all deliveries and pick-ups incident to this contract. Government shall not greet contractor suppliers, and shall not accept deliveries or pickups on behalf of contractor.

1.8.8 The contractor's employees will become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. The inability of contractor employees or deliveries to gain proper access to Fort Drum shall not constitute an excuse for nonperformance under this contract.

1.8.9 Contractors and contractor employees will be escorted at all times in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate prior with the COR and/or the facility security office for access when required. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, shall be escorted at all times in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.8.10 Contractor employees will not attempt access to any Soldier building or sleeping areas.

SECTION 2

2 GOVERNMENT FURNISHED EQUIPMENT AND GOVERNMENT FURNISHED

PROPERTY, MATERIAL, EQUIPMENT, SERVICES, UTILITIES (GFP/M/E/S/U):

2.1 GENERAL. The unit Point of Contact (POC) listed in Appendix A will provide any other specifics needed during the duration of the contract.

2.2 Materials: The Government shall not furnish paper products, cleaning products, or any other materials or supplies.

2.3 Services: The Government shall not furnish trash removal, maintenance, repair, or any other services.

2.4 Utilities: The Government shall not furnish waste, water, power, or any other utilities.

2.5 In the event contractor personnel destroy, damage, waste, or sully, any GFP/M/E/S/U beyond normal wear and tear, the Government shall repair or replace the affected item and deduct the total cost from payment due the contracted.

2.6 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): Except for those items specifically stated to be Government-Furnished in Paragraph 2.1, the contractor will furnish everything required to perform these services.

2.7 Storage of CFP/M/E: Contractor will remove all CFP/M/E within 7 days of the completion of services.

2.8 Contractor Manpower Reporting (CMR): The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting data will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While data may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

SECTION 3

3 SERVICES SUMMARY: The services to be performed by the Contractor during the period of this requirement, at all times and places are subject to review by the Contracting Officer and the Contracting Officer's Representative (COR).

3.1 The COR is the authorized individual who will perform assessments of the Contractor's performance. COR may inspect the Dinning Facility, for compliance with contract terms and governing regulations. The assessment/inspection will be based on the Quality Assurance Surveillance Plan (QASP) provided. The COR shall utilize relevant TB MED 530 and AR 30-22 guidance.

3.2 The Contractor’s performance will be evaluated at least once per month during contract performance. For those tasks listed on the QASP, the COR will follow the methods of surveillance specified. The COR shall record all surveillance observations.

When an observation indicates other than a “GREEN” rating, the COR will require the Contract Manager or representative to initial the observation. The initialing of the observation does not constitute concurrence with the observation; only acknowledging that they have been made aware of the defective performance.

3.3 The COR is required to submit completed QASPs and any other supporting documentation; i.e. DD 2772 (Contract Discrepancy Report) generated during contract performance, to the Contracting Officer within five workdays of contract completion.

3.4 The COR may use the Supplemental Surveillance Checklist to assist in completing the QASP.

APPENDIX A

FEEDING SCHEDULE

DATE BREAKFAST #OF

MEALS-TIME

LUNCH DINNER # OF MEALS-TIME

4-6-22 27 PAX (A) 1730

4-7-22 27 PAX (A) 0600 439 PAX (A) 1730

4-8-22 439 PAX (A) 0600 439 PAX (A) 1730

4-9-22 439 PAX (A) 0600 439 PAX (A) 1730

4-10-22 7 PAX (A) 0600 7 PAX (A) 1730

4-11-22 7 PAX (A) 0600

Symbols:

A - Meal in the Community Club Dining Room

B-Box Lunch

F- Meal in the Field (Marmites)

POINT OF CONTACT:

NAME: SSG TIMOTHY M JARMUSZ

UNIT: HSC 642 ASB

EMAIL: timothy.m.jarmusz.mil@army.mil

PHONE: 716-725-5318

mailto:timothy.m.jarmusz.mil@army.mil

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job 642 ASB Dinner Meals 6-10APR22

FFP

642 ASB Dinner Meals 6-10APR22

1,351 meals each day

Price per Meal______

Provide all meals in accordance with enclosed Performance work Statement.

Wage determination applies and is attached.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011738974-0001

PSC CD: S203

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job 642 ASB Breakfast Meals 7-11APR22

FFP

642 ASB Breakfast Meals 7-11APR22

919 meals each day

Price per meal __________

Provide all meals in accordance with enclosed Performance work Statement. l

Wage determination applies and is attached.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011738974-0001

PSC CD: S203

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 06-APR-2022 TO

11-APR-2022

N/A HSC 642 ASB

HSC 642 ASB

BLDG 9-65 FISHER AVE FT INDIANTOWN

GAP

ANNVILLE PA 17003

W56PPG

0002 POP 06-APR-2022 TO

11-APR-2022

N/A W8BN NYARNG ELEMENT, JF HQ

W8BN NYARNG ELEMENT, JF HQ

1 BUFFINGTON ST B 145

WATERVLIET ARSENAL

WATERVLIET NY 12189-5000

518-272-3700

W56PPG

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities

DEC 2021

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

DEC 2021

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

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

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-41 Service Contract Labor Standards AUG 2018

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

52.222-50 Combating Trafficking in Persons DEC 2021

52.223-1 Biobased Product Certification MAY 2012

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

52.233-3 Protest After Award AUG 1996

52.237-3 Continuity Of Services JAN 1991

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 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

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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.

(d) Representation. By submission of its offer, the Offeror represents that it will 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).

(End of provision)

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)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 722320.

(2) The small business size standard is $8,000,000.

(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.

(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

(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

(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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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 I, II, and

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(D) 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.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022) ALTERNATE I (NOV 2021)

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size standard

[Contracting Officer to insert NAICS codes and size standards].

(2) 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, (i.e., nonmanufacturer), 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 https://www.sam.gov/