W91QF4-23-Q-0004 Combined Synopsis-Solicitation FTLV Lodging BPA.pdf

COMBINED SYNOPSIS/SOLICITATION

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

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation W91QF4-23-Q-0004 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2023-01.

This solicitation is unrestricted. The associated NAICS code is 721110 and the small business size standard is $35M.

This soliciation is for Government student lodging, transportation, and breakfast service. The lodging shall not exceed the government per diem rate for zip code 66027 per night. Per diem rates are available at www.gsa.gov. The

Federal Government is tax exempt. The lodging shall include complimentary transportation to/from the airport

(MCI), complimentary internet and basic shuttle service to local area. Vendor should not price hot breakfast separately if already offered to commercial customers. Other transporation is the cost per day to transport students to and from their course, that is not customarily part of the normal daily rate provided by the hotel.

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. FAR 52.212-1 Addendum is included in the solicitation.

The provision at FAR 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition. FAR 52.212-1 Addendum is included in the solicitation.

Offerors shall be registered in SAM in accordance with FAR 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services.

The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition.

The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-

Commercial Products and Commercial Services, applies to this acquisition.

Offers are due by 02/23/2023 at 1:00 pm Central Standard Time. Offers are to be sent to both points of contact below.

Government Points of Contact (include both in any correspondence) are:

Marilee E. Drennan, marilee.e.drennan.civ@army.gov

Larissa A. Brown, larissa.a.brown2.civ@army.gov

Vendor questions are due by 02/07/2023 by 1:00 pm Central Standard Time. Responses to vendor questions will be provided by Amendment to this solicitation.

http://www.gsa.gov/ mailto:marilee.e.drennan.civ@army.gov mailto:larissa.a.brown2.civ@army.gov

Section B - Supplies or Services and Prices

BPA TERMS AND CONDITIONS

The issuance of individual calls against this Blanket Purchase Agreement (BPA) will be made under the authority of

FAR Subpart 13.303, Blanket Purchase Agreements.

1. Vendor Point of Contact: TBD

2. OBLIGATION: The government will be obligated under this BPA only to the extent of authorized purchases actually made under the BPA during the agreement period.

3. PRICING: The prices to the government shall be as low as, or lower than those charged the supplier's most favored customer for comparable quantities under similar terms and conditions in addition to any discounts for prompt payment.

4. CALL LIMITATION:

MASTER BPA LIMIT: $7,000,000.00

BPA CALL LIMIT (Contracting Officer): $1,400,000.00

5. INSPECTION AND ACCEPTANCE: At destination.

6. DOCUMENTATION TO BE FURNISHED BY THE VENDOR: All shipments under the agreement shall be accompanied by one (1) copy of the delivery ticket or sales slip which contains the following minimum information:

a. Name and Address of Supplier

b. Date of Call

c. Blanket Purchase Agreement Number

d. BPA Call Number printed legibly on the Bill of Sale – Call number provided by the Contracting

Officer

e. Itemized List of Supplies or Services Furnished – Items provided by vendor for other than the products expressly stated contained herein this BPA are subject to immediate cancellation of the Agreement.

f. Quantity, Unit Price and Extension of Each Item less applicable discounts

g. Date of Delivery

7. INVOICES: A summary invoice shall be submitted per DFARS 252.232-7006.

8. DISCOUNTS: Prompt Payment Discounts will be computed from date of receipt of monthly statements.

9. SALES TAX: Pursuant to Kansas Department of Revenue procedures, no sales tax shall be charged against

Federal Government purchases.

10. ORDER PLACEMENT:

BPA Call issued on a SF1449 from a Fort Leavenworth Warranted Contracting Officer within the BPA Call

Limit. Rooms may be blocked by a CAC Lodging Representative, or member of the Staff Judge Advocate. The government shall only be obligated, by issuance of a BPA Call Order on SF1449 from a Fort Leavenworth

Warranted Contracting Officer.

PRICING

Fort Leavenworth Lodging BPA Pricing

Period of

Performance

Base Room Rate* Daily Rate of Bus

Transportation to/from Fort

Leavenworth

Daily Rate for Hot

Breakfast**

Total Daily Rate

03/08/2023 –

03/07/2024

03/08/2024 –

03/07/2025

03/08/2025 –

03/07/2026

03/08/2026 –

03/07/2027

03/08/2027 –

03/07/2028

* Base Room Rate:

• Shall not exceed the government per diem lodging rate for zip code 66027 per night. Per diem rates are available at www.gsa.gov. The Federal Government is tax exempt.

• Shall include complimentary transportation to/from the airport (MCI)

• Shall include complimentary internet

• Shall include basic shuttle service to local area

** Do not price hot breakfast separately if already offered to commercial customers.

http://www.gsa.gov/

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT

OFF-POST LODGING BLANKET PURCHASE AGREEMENT (BPA)

FORT LEAVENWORTH, KS 66027

Off-post lodging for the United States Army at Fort Leavenworth, Kansas

1. Description of Services: The contractor shall provide lodging upon request by the Government. Base room rate shall not exceed the Fort Leavenworth per diem rate per night based on room availability. Provide smoke free single occupancy hotel rooms, along with the following requirements:

Complimentary transportation to/from the airport (MCI)

Complimentary internet

Complimentary shuttle to local area

Washer/Dryer available on site

Complimentary luggage storage on departure date

Additionally, hotel shall provide:

Transportation to/from class (Fort Leavenworth) which will be a commercial bus or sedan, school buses are not an acceptable mode of transportation

Hot breakfast daily

The total number of personnel requiring rooms will fluctuate dependent upon the needs of the Army.

This requirement is to provide lodging in support of Army Management Staff College (AMSC), SHARP Academy, and the Fort Leavenworth SJA when required.

2. PERIOD OF PERFORMANCE: The ordering period for this BPA is five years.

3. SERVICE REQUIREMENTS:

a. Rates: Base Room Rates shall be at or below the Government’s per diem lodging rate for the zip code of 66027 a night. Per diem rates are available at www.gsa.gov. The Federal Government is tax exempt.

b. Security: The sleeping rooms shall be secured and access limited to occupants, cleaning staff, and management in case of emergencies.

(1) All rooms will have interior opening doors. Doors opening externally from the building will not meet requirements unless it is an on-post lodging facility.

(2) Each room will have a double lock system on the doors. Example: A bolt lock (or similar) and a chain lock (or similar) is considered a double lock system under this BPA. The electronic key entrance and/or door knob is not considered a lock system.

(3) Security surveillance of the hotel grounds shall be conducted routinely.

c. Distance: Distance of hotel to Fort Leavenworth must be within 25 miles, one way.

d. Furnishings: All facilities and courtesies customarily extended to occupants without charge, i.e., pools, lounges, parking areas, in and around shuttle service, etc., shall also be made available without additional charge to the

Government under this BPA.

(1) Each room will be equipped with a refrigerator/freezer (short-term units: 3.6 cubic feet Refrigerator and .6 cubic foot microwave oven may be provided as a combination unit).

(2) Long term (defined as 2 weeks or more) family units will be equipped with a kitchenette unit providing a sink, refrigerator, microwave, and range top.

(3) Rooms shall have a functional toilet, sink, and shower.

(4) Fresh and clean towels, wash cloths, and bathmats shall be provided per hotel policy or upon occupant request.

Bed linens must be clean and will be changed as frequently as required.

(5) Rooms and facilities will be lighted and lights should be operable, in good working condition and of adequate intensity. Rooms will provide desk space and lighting to facilitate studying.

(6) Room furniture, fixtures and facilities shall be clean, and free of vermin and insects.

(7) Linens, towels, drapes, carpeting, etc., shall be in serviceable condition, and the facility must be air conditioned/heated and ventilated for proper comfort, and such systems must be operable and in good repair.

(8) The facility shall have maximum sound attenuation to enable occupants to obtain rest and sleep under quiet conditions.

(9) Commercial grade high speed Internet shall be included in the base room rate established under this BPA.

Internet access at a minimum shall be through a RJ-45 cable connection or wifi.

e. Liability: The Government assumes no liability for any damage caused by travelers.

f. Subcontracting. The contractor shall furnish lodging in his or her establishment or at a location agreed to by the

Contracting Officer. The contractor shall not subcontract to any other establishment or any other location not specified in the BPA without prior written approval from the Contracting Officer. Establishments proposed for subcontracting shall meet all of the terms, conditions, and specifications of services in this BPA.

g. Illegal Acts. The contractor shall not knowingly condone illegal acts on the premises of the establishment.

h. Quality Assurance. The government will monitor contractor performance to ensure compliance.

i. Courtesy. The contractor’s employees shall be courteous to all persons served under this BPA. Courtesy and services rendered shall be equal to that rendered to any other customer and expected of any public lodging facility.

j. Housekeeping. The contractor shall maintain a clean and healthy environment.

k. Inspections. An inspection of facilities will be conducted semi-annually to ensure that the terms and conditions are being met. In the event the facilities fail to meet the standards outlined in this Blanket Purchase

Agreement, the Government reserves the rights to suspend billeting official travelers in the facility until the facility has been re-inspected and deficiencies have been corrected.

m. Miscellaneous Services: The government will not be responsible for any miscellaneous charges/damages incurred by travelers. The contractor shall explain to each student that miscellaneous charges (such as telephone charges, pay-per-view movies, room service, meals, etc.) are not covered by this BPA and will be charged to and paid by the individual. The contractor shall provide information to the travelers on services available that are not inclusive.

n. Accompanying Personnel. The government is under no obligation to provide services for accompanying personnel. Charges for accompanying personnel shall be handled by agreement between the contractor and the individual(s). If an accompanying person is lodged with a traveler, the government shall be charged only for the student’s portion of a room.

o. Extra Services. Provide concierge, shuttle, or extra services as listed above at no cost if provided to other guests.

4. Reservation/ Cancellation: Personnel who arrive/depart at the hotel on an earlier/later date than scheduled travel date will be responsible for all charges incurred to the scheduled arrival date to include room charge.

a. Government

(1) The CAC Lodging representative will notify the hotel(s) and block the room(s) based on availability and competitive pricing.

(2) The Government reserves the right to cancel hotel reservations in writing (email notification is acceptable) providing proof of early dismissal or service member being flagged. Notification must be made within 24 hours of the reserved Hotel’s check-in time. If notification is not made within 24 hours, the Government will pay for one (1) nights stay with the agreed upon negotiated daily rate.

b. Hotel

(1) The Hotel(s) agrees to provide lodging service to the Government based on the competitive BPA rate per night.

(2) The Hotel(s) reserve the right to cancel or decline reservations made by the Government in writing providing reasonable proof of the reason for such action. If the Hotel fails notify the Government within 48 hours of the

Hotel’s check-in time, the Hotel will provide an available room with the agreed upon BPA rate to the Government regardless of the room’s price difference until a standardized room is made available.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.201-7000 Contracting Officer's Representative DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

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.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(ii) For fixed price line items—

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

Officer.

See B

(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 2 in 1

(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 HQ0490

Issue By DoDAAC W91QF4

Admin DoDAAC** W91QF4

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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. TBD

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

WAWF point of contact.

Marilee E. Drennan, marilee.e.drennan.civ@army.mil

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

(End of clause)

Section H - Special Contract Requirements

LOCAL INSTRUCTIONS

RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the

Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer. Delivery/Task orders will be issued by the

Contract Administration Division.

b. No oral statement of any person will in any manner or degree, modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: Marilee E. Drennan, Contract Specialist

MICC Ft. Leavenworth

535 Kearny, Bldg 338

FORT LEAVENWORTH, KS 66027-1417

TELEPHONE NUMBER: 913-684-1630

FAX NUMBER: 913-684-1610

E-MAIL: marilee.e.drennan.civ@army.mil

OR

ATTN: Larissa A. Brown, Contracting Officer

MICC Ft. Leavenworth

535 Kearny, Bldg 338

FORT LEAVENWORTH, KS 66027-1417

TELEPHONE NUMBER: 913-684-1622

FAX NUMBER: 913-684-1610

E-MAIL: larissa.a.brown2.civ@army.mil

RESTRICTED ACCESS TO MILITARY INSTALLATION – COOPERATION WITH FORCE PROTECTION

MEASURES

a. The contractor agrees to abide by and cooperate with Force Protection measures that are implemented on the military installation.

b. The Contractor shall comply with, and in the instance of contractor/sub-contractor employees, shall ensure compliance with the following instructions when access to the Fort Leavenworth installation/facilities are required for contract performance. These local instructions are incorporated in this contract, in order to implement local installation antiterrorism/operations security policies and procedures, and to supplement

Federal Acquisition Regulation (FAR) clause 52.204-9, which, if applicable to this contract, is located in

Section I of the contract. In the event of conflict between any portion of this supplement and/or FAR

52.204-9; and any other provision within the PWS, or specifications; clause 52.204-9 (if listed) shall take precedence. In the event of conflict between this supplement and any other provision within the PWS, or specifications, this supplement shall take precedence.

(i) An un-cleared contractor is an individual who falls into one of two categories: (1) CAC-eligible; and (2) mailto:marilee.e.drennan.civ@army.mil mailto:larissa.a.brown2.civ@army.mil

Non-CAC eligible. The Common Access Card (CAC) is the DoD federal personal identity verification credential. CAC Eligibility is defined in Army Directive 2014-05, dated March 7, 2014.

(ii) Army Directive 2014-05 provides that all contractor and/or subcontractor personnel who do not possess a CAC, another Federal personal identity verification card, or other authorized DoD identification card and who require unescorted access to Army installations must have a validated need for such access and undergo a vetting process to determine their fitness for access. Accordingly, non-CAC eligible, un-cleared contractor and/or subcontractor personnel requiring access to the Fort Leavenworth installation and facilities, to perform under this contract, will submit personal identity information through the Fort

Leavenworth Installation Pass implementation.

c. Contractors and Contract Employees may obtain a Locally Approved Credential (LAC) for up to 365 days for entry through Grant or Hancock Gates. See location & hours of operation at the following – https://home.army.mil/leavenworth/index.php/my-fort/all-services/gate-information

d. Prime contractors can direct their Sub-contractors to the Visitor Control Center in order to obtain a 30 day pass. See location & hours of operation at the following –

e. Personnel entering the Fort Leavenworth Visitor Control Center must contain a valid driver’s license, registration and proof of insurance and that of all passengers must have a either a driver’s license or other form of government photo ID. Following a routine background check, visitors will receive a Temporary

Pass and Instructions allowing them to enter the installation.

f. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

LEGAL PUBLIC HOLIDAYS

Normal Working Hours: The Contractor shall schedule delivery or service hours to coincide with the working hours of the military installation, 7:30am to 4:00pm, a normal 5-day, 40 hour week, Monday through Friday, except legal holidays which include the following –

Federal Government holidays are:

New Year’s Day 1st day of January

Martin Luther King Jr.'s Birthday 3rd Monday of January

Presidents Day 3rd Monday of February

Memorial Day last Monday of May

Juneteenth 19th day of June

Independence Day 4th day of July

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans Day 11th day of November

Thanksgiving Day 4th Thursday of November

Christmas Day 25th day of December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.

SAVE HARMLESS AND INDEMNITY AGREEMENT- The contractor shall save and keep harmless and shall indemnify the government against any and all liability, claims, demands and costs, of whatever kind and nature, for injury to or death of any person or persons and for loss or damage to any property (government or otherwise) occurring in connection with or in any way incident to or arising out of performance by the contractor. The contracting agency has discretion to offer for competition a proposed contract that imposes maximum risks on the contractor and minimum burdens on the agency.

CONDUCT OF EMPLOYEES – The contractor is fully responsible for the performance and conduct of their employees at all times when in performance under this contract. Daily courtesies, to include customary greetings or professional interactions with Government employees are expected of the Contractor and their employees. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent.

APPLIANCE EXCHANGES – In the event refrigerators, microwaves, televisions, coffee pots, blow dryers and other similar appliances furnished within the room become inoperable shall be replaced within 24 hours.

SECURITY MEASURES ON HOTEL PREMISES – Access to the rear and side entry doors to the hotel shall remain locked and accessible only via hotel key card, except in the event of maintenance service calls supervised by hotel staff. All service staff to include maintenance personnel shall be wearing identifiable name badges for easy recognition of hotel staff.

ALCHOL and ILLICIT DRUG USAGE – All hotel management and staff will take positive action concerning reports of all illicit drug and excessive alcohol usage up to and including calls to the local police authorities as a measure to enhance security on the hotel premises. All complaints lodged by hotel residents, regardless of law enforcement involvement shall be maintained on a local log available for review by the Contracting Officer for a period of up to 90 days. The log shall contain the date and time of the complaint to include the room number and guest name lodging the complaint provided the guest is willing to provide (in those instances, the complaint with the date and time is to be logged at minimum). The smell of marijuana or other drugs shall be aeriated and mitigated by the hotel staff.

COMBAT TRAFFICKING IN PERSONS (CTIP) – The Contractor shall make reasonable efforts to promote and advise management and staff of CTIP awareness. General awareness training slides available at the below website:

https://ctip.defense.gov/Portals/12/ppt_Sept%202016_General%20Awareness%20w%20Cert.pptx?ver=2018-05-15-

115812-087

A/T and OPSEC REQUIREMENTS

Access and general protection/security policy and procedures. Contractor and all associated sub-contractors employees shall 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 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the

National Crime Information Center Interstate Identification Index (NCIC-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), or, at

OCONUS locations, in accordance with status of forces agreements and other theater regulations.

https://ctip.defense.gov/Portals/12/ppt_Sept%202016_General%20Awareness%20w%20Cert.pptx?ver=2018-05-15-115812-087 https://ctip.defense.gov/Portals/12/ppt_Sept%202016_General%20Awareness%20w%20Cert.pptx?ver=2018-05-15-115812-087

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

Commercial Services

NOV 2021

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

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

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JAN 2021

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

X (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

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

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

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

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

X (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (OCT 2022) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

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

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL

2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

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

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

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

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

Officer check as appropriate.]

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

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

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

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

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

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

Records--Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

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

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

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

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 https://www.acquisition.gov/content/regulations.

https://www.acquisition.gov/content/regulations

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 DOL Wage

Determination 2015-5105 dtd 20221227

11 27-DEC-2022

Section K - Representations, Certifications and Other Statements of Offerors

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-20 Predecessor of Offeror AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-12 Certification Regarding Tax Matters OCT 2020

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

OCT 2022

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.