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SAMDAILY.US - ISSUE OF SEPTEMBER 15, 2024 SAM #8328
SOLICITATION NOTICE

X -- Washington Metro Range services

Notice Date
9/13/2024 10:57:24 AM
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
713990 — All Other Amusement and Recreation Industries
 
Contracting Office
MISSION ESSENTIALS Springfield VA 20598 USA
 
ZIP Code
20598
 
Solicitation Number
70T05024Q6115N008
 
Response Due
9/19/2024 9:00:00 AM
 
Archive Date
10/04/2024
 
Point of Contact
Delisa Hawkins, Chantay Lynch
 
E-Mail Address
Delisa.Hawkins@tsa.dhs.gov, Chantay.Lynch@tsa.dhs.gov
(Delisa.Hawkins@tsa.dhs.gov, Chantay.Lynch@tsa.dhs.gov)
 
Description
In accordance with Federal Acquisition Regulation (FAR) 4.1102 quoters are required to be registered in the System for Award Management (SAM) at the time an offer or quotation is submitted. (i)�� �This is a combined synopsis/solicitation for commercial items 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; quotes are being requested and a written solicitation will not be issued. (ii)�� �The solicitation number is 70T05024Q6115N008. The solicitation is issued as a Request for Quotation (RFQ). (iii)�� �The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.� (iv)�� �This acquisition is issued on an unrestricted basis. The associated NAICS code is 713990 with a small business size standard of $9.0 M. (v)�� �List of Contract Line Item Numbers (CLINs), items, quantities, and units of measure: See Pricing Schedule (vi)�� �Description of requirements for the items to be acquired: Use/rental of an existing/established firing range. See attached Statement of Work for specific requirements for an acceptable firing range. (vii)�� �Delivery, acceptance, and FOB point are at the contractor's facility. (viii)�� �The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition. There are no addenda to the provision. (ix)�� �The provision at 52.212-2, Evaluation -- Commercial Items does not apply to the solicitation. The evaluation procedures to be used are as follows: Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary or in the government's best interests. The LPTA process will proceed as follows: 1)�� �Quotes may be removed from consideration for, but not limited to, the following reasons: ��� �Quotes that are not received timely ��� �Quotes that fail to follow the instructions in FAR Provision 52.212-1 ��� �Quotes that fail to submit ALL required documentation/provisions ��� �Quotes that do not provide completed pricing table ��� �Quotes that have language inconsistent with the terms and conditions set forth in the solicitation 2)�� �Quotes will be ordered by price from lowest to highest. 3)�� �The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness (Factor 3) and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue in order by price until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. 4)�� �USING THIS PROCEDURE, THE GOVERNMENT MAY NOT EVALUATE ALL QUOTES. (e) Each Factor will be evaluated as follows: Factor 1. Technical Acceptability Technical Acceptability will be rated on an ""acceptable"" or ""unacceptable"" basis as follows: Acceptable - The quoted range meets all technical criterion stated in the Statement of Work. Unacceptable - The quoted range does not meet all technical criterion stated in the Statement of Work. Factor 2. Past Performance Past performance will be rated on an ""acceptable"" or ""unacceptable"" basis as follows: Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.) Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort Note: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, ""unknown"" shall be considered ""acceptable."" Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. CPARS) to evaluate past performance. Factor 3. Price Price will not be rated. Price analysis will be conducted to determine reasonableness. Submission Requirements -�� �Completed Pricing schedule -�� �Acknowledgement of Statement of Work requirements -�� �Most recent Lead Testing results in accordance with OSHA -�� �Applicable fill in clauses and provisions -�� �Subcontractor Agreement if Applicable -�� �Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision. (x)�� �The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition. There are no addenda and a statement regarding any addenda to the clause. (xi)�� �The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition. There are addenda to the clause. The following FAR clauses cited in the clause are applicable to the acquisition: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders�Commercial Items (May 2024) (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 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. 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.) _X_ (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). _X_ (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). _X_ (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. _X_ (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). _X_ (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] __ (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 (FEB 2024) ( 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. 637s). __ (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f). __ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 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) ( 15U.S.C. 637(a)(17)). _X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). __ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). _X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). _X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). __ (ii) Alternate I (FEB 1999) of 52.222-26. _X_ (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. _X_ (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. _X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212). _X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). _X_ (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). _X_ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 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)). (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.) __ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.). __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.). __ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.). __ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.). __ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l). __ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). __ (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 (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved]. __ (iii) Alternate II (DEC 2022) of 52.225-3. __ (iv) Alternate III (FEB 2024) of 52.225-3. __ (v) Alternate IV (Oct 2022) of 52.225-3. __ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (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. Subtitle A, Part V, Subpart G 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). _X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513). __ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). __ (57) 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. 3805). __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). _X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332). __ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a). __ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)). __ (64) (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.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67). __ (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). __ (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) ( 29U.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). __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). __ (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712). (iii) 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)). (iv) 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). (v) 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). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328). (vii)� (A) 52.204�30, Federal Acquisition Supply Chain Security Act Orders�Prohibition. (DEC 2023) ( Pub. L. 115�390, title II). (B) Alternate I (DEC 2023) of 52.204�30. (viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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. (ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212). (xiv) 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. (xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67). (xvi)� (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). (xvii) 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). (xviii) 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). (xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xxii)� (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxiii) 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. Subtitle A, Part V, Subpart G Note). (xxiv) 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. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxvi) � 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. (End of clause) Clauses Incorporated by Full Text 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEVIATION 20-05) (JUL 2024) (a)�� �Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that� (1)�� �Is developed or provided by a Kaspersky Lab covered entity; (2)�� �Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or (3)�� �Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity. Kaspersky Lab covered entity means� (1)�� �Kaspersky Lab; (2)�� �Any successor entity to Kaspersky Lab, including any change in name, e.g., �Kaspersky�; (3)�� ��� �Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4)�� �Any entity of which Kaspersky Lab has a majority ownership. (b)�� �Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from� (1)�� �Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and (2)�� ��� �Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c)�� �Reporting requirement. (1)�� �In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2)�� �The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i)�� �Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)�� �Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles. (d)�� �Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT(DEVIATION 20-05) (DEC 2020) (a)�� �Definitions. As used in this clause- ""Backhaul"" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). ""Covered foreign country"" means The People's Republic of China. ""Covered telecommunications equipment or services"" means- (1)�� �Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2)�� �For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3)�� �Telecommunications or video surveillance services provided by such entities or using such equipment; or � (4)�� �Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. ""Critical technology"" means- (l) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2)�� �Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i)�� �Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii)�� �For reasons relating to regional stability or surreptitious listening; (3)�� �Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4)�� �Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5)�� �Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6)�� �Emerging and foundational technologies controlled pursuant to section ...
 
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Zip Code: 22150
Country: USA
 
Record
SN07210795-F 20240915/240913230119 (samdaily.us)
 
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