Caisson Riding Boots Combined Sol Syn.pdf

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Caisson Riding Boots
Solicitation number
W91QV124Q0007
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This solicitation is for riding boots required by the Caisson Platoon at Joint Base Myer-Henderson Hall. The solicitation seeks to award a firm-fixed-price contract to a small business for a base year plus four option years, from March 2024 through February 2029. The contractor must provide all personnel, equipment, supplies, transportation, and other items necessary to deliver custom-fitted riding boots that meet specifications for material, construction, and style outlined in the statement of work. The boots must be a dressage style with measurements taken for each soldier's unique foot, ankle, and calf dimensions. The contractor has 60 days from award to deliver the finished boots. The solicitation includes pricing tables, technical and pricing evaluation factors, and requires representations and certifications to be submitted with offers by the response deadline of February 16, 2024.

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Document Type: Combined Solicitation/Synopsis

Date: 09 February 2024

Subject: Riding Boots

Solicitation Number: W91QV124Q0007

Response Date: 16 February 2024 03:00PM EST

Point of Contact: Aditya.khurana2.mil@army.mil

Set Aside: 100% Small Business Set-Aside

Place of Performance: National Capital Region, Washington, DC

Period of Performance: 01 March 2024 – 28 February 2029

NAICS Code: 316210 – Footwear Manufacturing Size Standard: 1,000 Employees

Contracting Office Address

Mission & Installation Contracting Command – Fort Belvoir (MICC – FB) 9410 Jackson Loop Bldg 1425 Fort Belvoir, VA 22060-5505

This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

The MICC -FB intends to solicit, negotiate, and award a Firm-Fixed Price Contract for Riding Boots to be performed at Washington, DC.

The period of performance will be from 01 March 2024 – 28 February 2029.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda:

All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM). The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/. Confirmation of SAM registration will be validated prior to awarding a contract. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

Vendor shall include a completed copy of FAR provision 52.212-3 Alt 1, Offeror Representations and Certifications, FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation with their offer.

Offeror shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.

W91QV124Q0007

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CAISSON RIDING BOOTS

FFP

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards in accordance to the attached Statement of Work (SOW) for the period of performance 01 March 2024 through 28 February 2025.

FOB: Destination

PSC CD: 8430

NET AMT

OPTION CAISSON RIDING BOOTS

FFP

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards in accordance to the attached Statement of Work (SOW) for the period of performance 01 March 2024 through 28 February 2025.

OPTION CAISSON RIDING BOOTS

FFP

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards in accordance to the attached Statement of Work (SOW) for the period of performance 01 March 2024 through 28 February 2025.

OPTION CAISSON RIDING BOOTS

FFP

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards in accordance to the attached Statement of Work (SOW) for the period of performance 01 March 2024 through 28 February 2025.

OPTION CAISSON RIDING BOOTS

FFP

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards in accordance to the attached Statement of Work (SOW) for the period of performance 01 March 2024 through 28 February 2025.

Section C - Descriptions and Specifications

Statement of Work (SOW) Caisson Platoon – Riding Boots Sizing, Fitting and Delivery

General Information

1 GENERAL: This Statement of Work (SOW) defines the requirements for The Old Guard requirement to support horses within the U.S Army Caisson Platoon located at Joint Base Myer-Henderson Hall (JBMHH). The Governent shall not exercise any supervision or control over the contract. Contractor employees shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Supplies/Ancillary Services: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to deliver (sizing, fitting and delivery) riding boots as required by the Caisson Platoon at JBMHH. The Contractor shall provide supplies that are to the standards set forth in this contract.

1.1.1 The Contractor shall size and fit each Soldier, and deliver the finished product (Riding Boots) within 60 days from contract award and when each subsequent purchase order is placed.

1.1.2 Boot Fitting/Sizing: Contractor shall perform a site visit at no cost to the government at JBMHH, VA to the Caisson Platoon to size and fit soldiers.

1.1.2.1 Boots shall be measured and fitted based on each individual Soldier’s sizing. All boots will be fitted to Soldier’s individual size utilizing a measurement process that allows for each individual Soldier's unique foot, ankle, and calf measurements. Measurements will be taken of each individual Soldier’s foot, ankle and calf, considering length, width, calf circumference, and height of calf. Boots should be designed to fit each individual Soldier’s unique foot, ankle, and calf measurements.

1.1.3 The Contractor shall provide a copy of each shipping/delivery document to the Contracting Officer Representative (COR) within 48 hours of delivery, and leave invoicing solely to WAWF.

1.1.4 The Contractor shall secure base access for any driver making delivery of riding boots through the Visitor Gates at JBMHH, prior to the date of delivery.

1.2 Background: The U.S. Army Caisson Platoon conducts memorial affairs operations in support of all Joint Services in Arlington National Cemetery to honor our Nation’s fallen service members and their families. On order, the Caisson Platoon provides assets in support of State Funeral missions and key strategic engagement ceremonies in and beyond the National Capitol Region. Riding boots are required to perform Caisson’s mission in Arlington National Cemetary. The U.S. Army Caisson Platoon has approximately 57 to 60 members, but that number can increase or decrease over time.

1.3 Objectives: To provide Dressage tall riding boots for the members of the Caisson Platoon. Vendor must ensure each pair of boots is properly sized/fitted to each Individual Soldier. Each set of boots shall be identical in appearance in order to maintain a uniform and professional appearance while conducting funerals and ceremonies.

1.4 Scope: Vendor must ensure that every boot is the correct size and fit for each Individual Soldier. Sizes are all special orders. The vendor has 60 days from the time of award/new order (as applicable) notification to the final product being delivered to JBMHH.

1.5 Ordering Period: The Ordering Period shall be for one Base Year of 12 months and four 12-month option years as follows:

01 March 2024—28 February 2025

01 March 2025—28 February 2026 01 March 2026—28 February 2027 01 March 2027—29 February 2028 01 March 2028—28 February 2029

1.6 General Information

1.6.1 Quality Control: In the event that any boots are found to be defective or ill-fitting, replacements shall be delivered within 30 days from when contractor is notified.

1.6.2 Quality Assurance: Reserved

1.6.3 Recognized Holidays: The Contractor will not be expected to deliver on US, National, and Religious Holidays (listed below). Exceptions will be limited to State funerals or unforeseen circumstances.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.4 Hours of Operation: The contractor is responsible for contacting JBMHH security personnel (front gate) on the military installation to ensure post access prior to any site visits. JMBHH oprating hours are currently between 7:00 am – 6:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor is also responsible for contacting the Sizing/Fitting/Delivery Location Point of Contact mentioned in Paragraph 1.6.5

1.6.5 Delivery, Sizing and Fitting Location Address and Point of Contact: TBD

1.6.6 Security Requirements: Contractor personnel or any representative of the contractor entering JBMHH shall abide by all security regulations and shall be subject to security checks. Contractor and all associated (including subcontractor) employees shall comply with all applicable installation, facility, and area commander installation and/or facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall Office, Director of Emergencies Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by Department of Defense (DOD), Headquarters of the Department of the Army (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.

1.6.6.1 Antiterrorism (AT) Level I Training. All Contractor personnel, including subcontractor personnel, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. AT Level I, awareness training is available at https://jko.jten.mil.

1.6.6.2 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.6.3. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. 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

1.6.7 Post Award Conference/Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart

42.5. The Contracting Officer (KO), Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.8 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel to sizing/fitting/delivery location (workarea). A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract/award or purchase order.

1.6.9 Identification of Contractor Employees: All Contract personnel attending meetings (Post-Award Conference if applicable) and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

1.6.10. Contractor Travel: N/A

1.6.11. Safety: During the Contractor’s site visit to JBMHH (military installation), the Contractor is responsible for complying with applicable Federal Occupational Safety and Health Administration standards (OSHA), Department of Transportation (DOT), DoD, Army, federal, state, county, township, and local safety and health requirements.

The stricter requirement shall apply in cases where standards conflict. The Government’s interest is to protect personnel working in or around Contractor operations, and the protection of Government equipment/property.

Contractor shall take proper safety and health precautions to protect the lives and health of its employees, military personnel, Government employees, the public, and the property of others. Contractor shall be the controlling employer as defined by OSHA while performing work under this contract. Contractor shall not construe the requirements of this SOW as making the Government the controlling employer.

1.6.11.1 During the Contractor’s site visit to JBMHH (military installation), the Contractor shall be responsible for all damages to persons or property that occur as a result of the fault or negligence of Contractor or Contractor employees.

1.6.11.2 During the Contractor’s site visit to JBMHH (military installation), the Contractor shall perform work in a safe manner IAW OSHA Safety and Health Requirements. Contractor shall provide a verbal notification to the KO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact.

1.6.11.3 During the Contractor’s site visit to JBMHH (military installation), all unsafe acts or conditions fostered by Contractor or Contractor personnel may be grounds for the KO to halt all Contractor performance with a commensurate deduction of monies due Contractor until such unsafe conditions are corrected. Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire or large fuel spill, Contractor shall immediately notify the KO or COR

2. DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. UNSATISFACTORY PERFORMANCE. A contract output/deliverable that does not meet with the standard of performance and/or specifications associated with the Statement of Work.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation COR Contracting Officer Representative DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation FDA Food and Drug Administration

FFP Firm Fixed Price HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest POC Point of Contact PRS Performance Requirements Summary QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control SOW Statement of Work

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. Services: Not Applicable

3.2 Facilities: The Government will provide the sizing and delivery area

3.3 Utilities: Not Applicable.

3.4 Equipment: Not Applicable

3.5 Materials: Not Applicable

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The Contractor shall furnish all supplies, equipment, and service required to perform work under this contract.

4.2. Materials: In the event that consumables are found to be defective, back order or recalls, the contractor agrees to deliver replacement items within 14 days at no additional cost to the government. Any replacement item shall be subject to approval by the COR prior to shipment.

4.3. Equipment: Transportation and MHE required to deliver the riding boots to JBMHH.

5. SPECIFIC TASKS

5.1 Measuring: All boots will be sized to Soldiers utilizing a measurement process that allows for each individual Soldier's unique foot, ankle, and calf measurements. Measurements will be taken of each individual’s foot, ankle and calf, considering length, width, calf circumference, and height of calf. Boots should be designed to fit each individual Soldier’s unique foot, ankle, and calf measurements. Boots shall look visually identical regardless of gender or size of boot.

5.2 Boot Construction:

5.2.1 Upper Materials: Full-grain black dyed calfskin leather

5.2.2 Style: Boots will be tall Dressage English equine riding boots with adressage bow. They will be all black, have Dress insteps (no laces), plain square toes with no cap, Elastic Gusset at the tops of calf to allow for flex. No logo visible on outside of boot. If a zipper is used it will shall be a metal toothed zipper with keeper located on the back or inside of the boot so as to not be seen while mounted. Removable insoles shall have activated carbon shock absorbers.

5.2.3 Outsoles: Full black waterproof composite rubber soles.

5.2.4 Heels: Waterproof, black composite whole rubber heels. Back of boot heel will have a spur rest.

5.2.5 Linings: The inside of the boot shall be full natural calfskin lining. The boot shall have a lower leg counterfort and reinforced external leg.

5.2.5.1 Vamp: Smooth Calfskin, deerskin, goatskin, or lambskin lining. The same leather will be used in the counter linings and shall extend up the leg.

5.2.5.2 Leg: A minimum of 3-ounce full grain cowhide leather will be used.

5.3 Invoicing: Contractor will ensure all invoices are posted to Wide Area Work Flow (WAWF) not later than thirty

(30) days after shipment of supplies.

5.4 Unsatisfactory Performance of the contract: The Contractor is responsible for satisfactory performance of all aspects of this contract (sizing, fitting, styling, construction, and delivery of Riding Boots). The contractor is responsible for the Riding Boots to meet all the specifications as outlined in this SOW. Contractor is responsible for all delivery costs related to pick-up of defective Riding Boots, and shipment of the manufactured Riding Boots to and from the designated freight addresses.

5.5 Records: The Government has unlimited rights to all documents and materials produced under this contract.

These documents and materials may not be used or sold by the Contractor. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

5.6 Non-Disclosure Requirements: Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this statement of work would be adverse to the interests of the Government or others. The Contractor and Contractor personnel (including Sub-Contractor), shall not divulge or release data or information developed, or obtained under performance of this SOW, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this SOW. All documentation showing individual names or other personal information shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

5.6.1 Press Releases/Social Media Use: The contractor and contractor employees (including Sub-contractor) shall refrain from making any public statement on social media or otherwise regarding its work with the United States Army, the 3d. Infantry Regiment Caisson Platoon, or any related organization without the express consent of the Contracting Office.

5.6.2 Non-Disclosure Agreements (NDA): Contractor shall obtain from each employee (including Sub-Contractor) who has access to all information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by Contractor (including Sub-Contractor) or thereafter, disclose to others or use for their benefit, any information received in connection with the work under this contract.

Additionally, the non-disclosure agreements between the Contractor and Contractor personnel shall prohibit Contractor personnel from making any public statement on social media or otherwise regarding its work with the United States Army, the 3d. Infantry Regiment Caisson Platoon, or any related organization. Contractor shall educate its employees (including Sub-Contractor) regarding the restrictions imposed, so that they shall not use or disclose any information/records or data generated or acquired in the performance of this contract, except as provided herein. The Contractor shall provide NDA copies upon the request of the Delivery Location POC (mentioned in Paragraph 1.6.5) and/or the Contracting Officer.

5.7 Privacy Act: Work on this contract may require that the Contractor personnel have access to Privacy Information. IAW FAR Clause 52.224-2 (Privacy Act), Contractor shall adhere to AR 55-20, the Army Privacy Program, the Privacy Act, Title 5 of the U.S. Code, Section 552a, and applicable agency rules and regulations.

Contractor shall ensure personnel adhere to Personally Identifiable Information (PII), Personal Health Information (PHI) and Privacy Act standards.

6. APPLICABLE PUBLICATIONS

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

7. ATTACHMENT/TEHCNICAL EXHIBITS

7.1 Attachment 1: Sizing, Fitting and Delivery Location Map

7.2 Technical Exhibit A: Performance Requirements Summary

7.3 Technical Exhibit Deliverables Table

Attachement 1: Sizing, Fitting and Delivery Location Map

Technical Exhibit A: Performance Requirements Summary

Performance Objective

Standard Performance Threshold, Acceptable Quality Level

(AQL)

Method of Surveillance

PRS#1

SOW Para. 1.1.1

The contractor shall size and fit each solider, delivering the final product within 60 days from the order date.

100% Customer feedback, periodic inspection by the COR during sizing, fittings, and deliveries.

PRS#2

SOW Para. 1.4

The contractor must ensure that every boot is the correct size and fit for each individual soldier.

100% Customer feedback, periodic inspection and receipt and invoice acceptance in WAWF by the COR.

PRS#3

SOW Para. 5.1 Measuring

Measurement process that allows for each individual Soldier's unique foot, ankle, and calf measurements.

Measurements will be taken of each individual’s foot, ankle and calf, considering length, width, calf circumference, and height of calf. Boots should be designed to fit each individual Soldier’s unique foot, ankle, and calf measurements.

100% Customer feedback, periodic inspection and receipt and invoice acceptance in WAWF by the COR.

PRS#4

SOW Para. 5.1 Boot Construction

See Section 5.2 Boot Construction for specific requirements.

100% Customer feedback, periodic inspection and receipt and invoice acceptance in WAWF by the COR.

Technical Exhibit B Deliverables Schedule

Deliverable Frequency

Format and # of Copies

Submit To #1.

SOW Para. 1.1.2 Shipping/Delivery document.

Within 48 hours of each delivery.

PDF electronic document, 1 copy.

Emailed to the COR/Delivery POC.

#2.

SOW Para. 1.4 Final Product.

Within 60 days from time of each order.

Electronic Invoice via

WAWF.

Invoice for COR/Delivery POC acceptance via WAWF.

#3 SOW Para. 5.6.1 Non-Disclosure Agreements (with employee signatures)

Upon request from the Governemnt

PDF electronic document, 1 copy of each agreement

Emailed to the COR/Delivery POC/KO.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAR-2024 TO

28-FEB-2025

N/A 3ID REGT. THE OLD GUARD

GRAY SASSER

110 FORREST CIRCLE

ARLINGTON VA 22211

W5800B

1001 POP 01-MAR-2025 TO

28-FEB-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2026 TO

28-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAR-2027 TO

29-FEB-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAR-2028 TO

28-FEB-2029

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting 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 Covered Entities

DEC 2023

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

NOV 2021

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

SEP 2023

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

NOV 2023

52.219-33 Nonmanufacturer Rule SEP 2021 52.223-1 Biobased Product Certification MAY 2012 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.252-2 Clauses Incorporated By Reference FEB 1998 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 DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

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 JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(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. 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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

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

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

XX (12) 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).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

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

____ (16) 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).

____ (17) [Reserved]

XX (18)(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.

____ (19)(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.

____ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

XX (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

____ (27) 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)).

____ (28) 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)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

XX (36)(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.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (39)(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).

____ (40) 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.)

____ (41)(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)).

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