TRANSPORTATION SECURITY ADMINISTRATION USA Tender
TRANSPORTATION SECURITY ADMINISTRATION USA Tender
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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 70t05024q6115n007. 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 List (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. Ppirs) 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 1758 Of The Export Control Reform Act Of2018 (50 U.s.c. 4817). "interconnection Arrangements" Means Arrangements Governing The Physical Connection Of Two Or More Networks To Allow The Use Of Another's Network To Hand Off Traffic Where It Is Ultimately Delivered (e.g., Connection Of A Customer Of Telephone Provider A To A Customer Of Telephone Company B) Or Sharing Data And Other Information Resources. "reasonable Inquiry" Means An Inquiry Designed To Uncover Any Information In The Entity's Possession About The Identity Of The Producer Or Provider Of Covered Telecommunications Equipment Or Services Used By The Entity That Excludes The Need To Include An Internal Or Third-party Audit. "roaming" Means Cellular Communications Services (e.g., Voice, Video, Data) Received From A Visited Network When Unable To Connect To The Facilities Of The Home Network Either Because Signal Coverage Is Too Weak Or Because Traffic Is Too High. "substantial Or Essential Component" Means Any Component Necessary For The Proper Function Or Performance Of A Piece Of Equipment, System, Or Service. (b) Prohibition. (1) Section 889(a)(l)(a) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2019, From Procuring Or Obtaining, Or Extending Or Renewing A Contract To Procure Or Obtain, Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System. The Contractor Is Prohibited From Providing To The Government Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System, Unless An Exception At Paragraph (c) Of This Clause Applies Or The Covered Telecommunication Equipment Or Services Are Covered By A Waiver Described In Far 4.2104. (2) Section 889(a)(l)(b) Of The John S. Mccain National Defense Authorization Act For Fiscal Year 2019 (pub. L. 115-232) Prohibits The Head Of An Executive Agency On Or After August 13, 2020, From Entering Into A Contract, Or Extending Or Renewing A Contract, With An Entity That Uses Any Equipment, System, Or Service That Uses Covered Telecommunications Equipment Or Services As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System, Unless An Exception At Paragraph (c) Of This Clause Applies Or The Covered Telecommunication Equipment Or Services Are Covered By A Waiver Described In Far 4.2104. This Prohibition Applies To The Use Of Covered Telecommunications Equipment Or Services, Regardless Of Whether That Use Is In Performance Of Work Under A Federal Contract. (c) Exceptions. This Clause Does Not Prohibit Contractors From Providing- (1) A Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or (2) Telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or Permit Visibility Into Any User Data Or Packets That Such Equipment Transmits Or Otherwise Handles. (d) Reporting Requirement. (1) In The Event The Contractor Identifies Covered Telecommunications Equipment Or Services Used As A Substantial Or Essential Component Of Any System, Or As Critical Technology As Part Of Any System, During Contract Performance, Or The Contractor Is Notified Of Such By A Subcontractor At Any Tier Or By Any Other Source, The Contractor Shall Report The Information In Paragraph (d)(2) Of This Clause In Writing Via Email To The Contracting Officer, Contracting Officer's Representative, And The Network Operations Security Center (nosc) At Ndaa Incidents@hg.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 Nosc, 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.clod.mil. (2) The Contractor Shall Report The Following Information Pursuant To Paragraph (d)(l) Of This Clause (i) Within One Business Day From The Date Of Such Identification Or Notification: The Contract Number; The Order Number(s), If Applicable; Supplier Name; Supplier Unique Entity Identifier (if Known); Supplier Commercial And Government Entity (cage) Code (if Known); Brand; Model Number (original Equipment Manufacturer Number, Manufacturer Part Number, Or Wholesaler Number); Item Description; And Any Readily Available Information About Mitigation Actions Undertaken Or Recommended. (ii) Within 10 Business Days Of Submitting The Information In Paragraph (d)(2)(i) Of This Clause: Any Further Available Information About Mitigation Actions Undertaken Or Recommended. In Addition, The Contractor Shall Describe The Efforts It Undertook To Prevent Use Or Submission Of Covered Telecommunications Equipment Or Services, And Any Additional Efforts That Will Be Incorporated To Prevent Future Use Or Submission Of Covered Telecommunications Equipment Or Services. (e) Subcontracts. The Contractor Shall Insert The Substance Of This Clause, Including This Paragraph (e) And Excluding Paragraph (b)(2), In All Subcontracts And Other Contractual Instruments, Including Subcontracts For The Acquisition Of Commercial Items. (end Of Clause) 52.217-8 Option To Extend Services (nov 1999) the Government May Require Continued Performance Of Any Services Within The Limits And At The Rates Specified In The Contract. These Rates May Be Adjusted Only As A Result Of Revisions To Prevailing Labor Rates Provided By The Secretary Of Labor. The Option Provision May Be Exercised More Than Once, But The Total Extension Of Performance Hereunder Shall Not Exceed 6 Months. The Contracting Officer May Exercise The Option By Written Notice To The Contractor Within 30 Days (end Of Clause) 52.217-9 Option To Extend The Term Of The Contract (mar 2000) (a) The Government May Extend The Term Of This Contract By Written Notice To The Contractor Within 30 Days; Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least 60 Days Before The Contract Expires. The Preliminary Notice Does Not Commit The Government To An Extension. (b) If The Government Exercises This Option, The Extended Contract Shall Be Considered To Include This Option Clause. (c) The Total Duration Of This Contract, Including The Exercise Of Any Options Under This Clause, Shall Not Exceed Five Years. (end Of Clause) 52.252-2 Clauses Incorporated By Reference (feb 1998) this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): Acquisition.gov/far 52.202-1 Definitions (jun 2020) 52.204-13 System For Award Management Maintenance (oct 2018) 52.204-18 Commercial And Government Entity Code Maintenance (aug 2020) 52.204-19 Incorporation By Reference Of Representations And Certifications (dec 2014) 52.209-10 Prohibition On Contracting With Inverted Domestic Corporations (nov 2015) 52.212-4 Contract Terms And Conditions -- Commercial Items (nov 2023) 52.223-3 Hazardous Material Identification And Material Safety Data (feb 2021) 52.223-5 Pollution Prevention And Right-to-know Information (may 2011) 52.223-6 Drug-free Workplace (may 2001) 52.223-10 Waste Reduction Program (may 2011) 52.232-39 – Unenforceability Of Unauthorized Obligations (jun 2013) 52.246-4 Inspection Of Services-fixed-price. (aug 1996) (end Of Clause) hsar 3052.205.70 Advertisements, Publicizing Awards, And Releases (sep 2012) the Contractor Shall Not Refer To This Contract In Commercial Advertising Or Similar Promotions In Such A Manner As To State Or Imply That The Product Or Service Provided Is Endorsed Or Preferred By The Federal Government Or Is Considered By The Government To Be Superior To Other Products Or Services. (end Of Clause) hsar 3052.212-70 Contract Terms And Conditions Applicable To Dhs Acquisition Of Commercial Items (jul 2023) the Contractor Agrees To Comply With Any Provision Or Clause That Is Incorporated Herein By Reference To Implement Agency Policy Applicable To Acquisition Of Commercial Items Or Components. The Provision Or Clause In Effect Based On The Applicable Regulation Cited On The Date The Solicitation Is Issued Applies Unless Otherwise Stated Herein. The Following Provisions And Clauses Are Incorporated By Reference: __x__3052.205–70 Advertisement, Publicizing Awards, And Releases. __x_3052.242–72 Contracting Officer's Representative. tsa-rqmts: Tsa Points Of Contact (june 2024) the Primary Point Of Contact For This Contract: contracting Officer: name: Delisa Hawkins email: Delisa.hawkins@tsa.dhs.gov if A Name Is Included, The Contracting Officer Hereby Designates The Individual(s) Named Below. The Scope And Limitations Of The Authority So Delegated Are Included In The Tsa Requirement Entitled, Contracting Officer’s Representative: contracting Officer’s Representative (cor): name: Maribel Coleman phone Number: email: Maribel.coleman@tsa.dhs.gov tsa-rqmts: Contracting Officer’s Representative (cor) (june 2024) the Principle Role Of The Cor Is To Support The Contracting Officer In Managing The Contract. This Is Done Through Furnishing Technical Direction Within The Confines Of The Contract, Monitoring Performance, Ensuring Requirements Are Met Within The Terms Of The Contract, And Maintaining A Strong Relationship With The Contracting Officer. As A Team The Contracting Officer And Cor Must Ensure That Program Requirements Are Clearly Communicated And That The Agreement Is Performed To Meet Them. The Principle Role Of The Technical Monitor (tm) Is To Support The Cor On All Work Orders, Tasks, Deliverables And Actions That Require Immediate Attention Relating To The Approved Scope And Obligated Funding Of The Contract Action. the Cor And Tm May Be Changed At Any Time, Without Prior Notice To The Contractor; However, Notification Of The Change, Including The Name And Phone Number Of The Successor, Will Be Promptly Provided To The Contractor By The Contracting Officer In Writing. the Cor Duties Are As Follows: · Performing Surveillance/inspection And Acceptance. · Monitoring Activities, Cost, Providing Input To Contractor Performance Evaluations, And Notifications To The Contracting Officer. · Making Recommendations For Invoices And Payments. · Managing Government-furnished Assets (when Applicable). · Managing Contractor Employee Access (when Applicable). the Responsibilities And Limitations Of The Tm Are As Follows: · Coordinating With The Cor On All Work Orders, Task, Deliverables And Actions That Require Immediate Attention Relating To The Approved Scope And Obligated Funding Of The Contract Action. · Performing Surveillance/inspection And Acceptance. · Monitoring Activities, Cost, Providing Input To Contractor Performance Evaluations, And Notifications To The Cor. · Making Recommendations For Invoices And Payments. · Managing Government-furnished Assets (when Applicable). · Managing Contractor Employee Access (when Applicable. tsa-rqmts: Submission Of Invoices (june 2024) background: The Transportation Security Administration (tsa) Partners With The United States Coast Guard Finance Center For Financial Services In Support Of Tsa Operations, Including The Payment Of Contractor Invoices. Therefore, All Contractor Invoices Must Be Submitted To, And Will Be Paid By, The U.s. Coast Guard Finance Center (fincen). invoice Submission Method: Invoices May Be Submitted Via U.s. Mail, Or Email. Contractors Shall Utilize Only One Method Per Invoice Submission. It Is The Responsibility Of The Contractor To Verify That Invoices Are Received, Regardless Of The Method Of Submission Used. Contractors May Inquire Regarding The Receipt Of Invoices By Contacting The U.s. Coast Guard Finance Center Via The Methods Listed In The Paragraph Entitled, “payment Status”. The Submission Information For Each Method Is As Follows (listed In Order Of Preference): mail Invoices To: united States Coast Guard Finance Center Tsa Commercial Invoices p.o. Box 4111 chesapeake, Va 23327-4111 or Email Invoices To: Fin-smb-tsainvoices@uscg.mil Or Www.fincen.uscg.mil invoice Elements. Invoices That Are Not Proper Will Automatically Be Rejected If The Information Required In The Prompt Payment Clause Are Not Included In The Invoice. Contractors Must Correct Any Noted Deficiencies And Resubmit The Invoice Directly To The Fincen For Verification Of Error Correction. all Invoices Must Clearly Correlate Invoiced Amounts To The Corresponding Contract Line Item Number And Funding Citation. The Contractor Shall Work With The Government To Mutually Refine The Format, Content And Method Of Delivery For All Invoice Submissions During The Performance Of The Contract. discounts Offered After Invoice Submission. If The Contractor Should Wish To Offer A Discount On A Specific Invoice After Its Submission For Payment, The Contractor Should Submit A Letter To The Fincen Identifying The Specific Invoice For Which A Discount Is Offered And Specify The Exact Terms Of The Discount Offered And What Time Period The Government Should Make Payment By In Order To Receive The Discount. The Contractor Should Clearly Indicate The Contract Number, Invoice Number And Date, And The Specific Terms Of The Discount Offered. Contractors Should Not Structure Terms For Net Amount Payments Any Sooner Than The Standard Period Required Under Far Subpart 32.9 Regarding Prompt Payments For The Specified Deliverables Under Contract. payment Status. Contractors May Contact The Fincen Via Phone Or Email Regarding The Receipt Of Invoices Or Billing Inquiries Using (800) 564-5504 Or (757) 523-6940 (voice Option #1) Or Email: Fin-smb-customerservice@uscg.mil frequency Of Invoice Submission timely Submission Of Invoices: In Order To Ensure Reimbursement Under This Contract, Invoices Shall Be Timely Submitted For Payment. Contractors Must Submit An Invoice To The Payment Office As Indicated For All Allowable And Allocable Internal Expenditures Made During The Specified Invoice Period Pursuant To The Contract. Also Be Advised That Under 31 U.s.c. §1552 And §1553, Funds That Were Obligated To The Contract, But That Have Expired, Remain Available For Adjustments For Five (5) Fiscal Years Following Expiration Of The Period For Which The Relevant Appropriation Was Made. After The Respective Timeframe, The Expired Account Closes And The Funds Are Not Available For Any Purpose. tsa-rqmts: Observance Of Legal Holidays And Administrative Leave (june 2024) the Government Observes The Following Federal Holidays (and Government Facilities Are Generally Closed On These Days, Have Restricted Access, Or Other Entrance Requirements May Apply Due To Security Procedures): · New Year’s Day · Birthday Of Martin Luther King, Jr. · Washington’s Birthday (president’s Day) · Memorial Day · Juneteenth National Independence Day · Independence Day · Labor Day · Columbus Day · Veteran’s Day · Thanksgiving Day · Christmas Day in Addition To The Days Designated As Federal Holidays, The Government Also Observes Also The Following Days (with The Same Access Restrictions As Stated Above): · Any Other Day Designated By Federal Statute; · Any Other Day Designated By Executive Order; · Any Other Day Designated By President’s Proclamation, Such As Extreme Weather Conditions; · Inauguration Day (washington, Dc Metropolitan Area) (likewise Government Facilities In The Dc Area Are Generally Closed On These Days, Or Restricted Access Or Entrance Requirements May Apply Due To Security Procedures); · Inclement Weather Closures And/or Early Dismissals; And, · Or Any Other Officially Declared Reason. when The Government Grants Excused Absence To Its Employees In A Specific Location, It Is Up To The Contractor To Determine If Assigned Contractor Personnel At That Same Location Are Dismissed. The Contractor Agrees To Continue To Provide Sufficient Personnel To Perform Critical Tasks Already In Operation Or Scheduled, And Shall Be Guided By The Notification Issued By The Contracting Officer Or The Contracting Officer’s Representative. Observance Of Such Holidays By Government Personnel Shall Not Be A Reason For The Contractor To Request An Extension Of The Period Of Performance, Or Entitlement Of Compensation Except As Set Forth Within The Contract. in The Event The Contractor’s Personnel Work During The Holiday Or Other Excused Absences: for Firm-fixed Price Contracts: No Form Of Holiday Or Other Premium Compensation Will Be Considered As Either As A Direct Or Indirect Cost, Other Than Their Normal Compensation For The Time Worked. for Cost Reimbursement And Time And Materials (t&m)/ Labor Hour (lh) Contracts: The Government Will Only Consider As Direct And/or Indirect Costs Those Efforts Actually Performed During The Holiday Or Excused Absences In The Event Contractor Personnel Are Not Dismissed. This Provision Does Not Preclude Reimbursement For Authorized Overtime Work If Applicable To This Contract. All Costs Chargeable Shall Be Consistent With The Contractor’s Disclosure Statement. it Is The Contractor’s Responsibility To Ensure The Management Responsibility For Contractor Functions Approved By The Contracting Officer For Offsite Work In The Event Of Inaccessibility Of Federal Workplaces. The Contractor May Propose Telework Or Other Solutions When Critical Work Is Required, However, The Contractor Is Solely Responsible For Any Cost Differential In Performance, All Liabilities That May Be Due To Performance At An Alternate Location, And All Resources Necessary To Complete Such Performance. in The Event Of An Actual Emergency, The Contracting Officer May Direct The Contractor To Change Work Hours Or Locations Or Institute Telework, Utilize Personal Protective Equipment, Or Other Mandated Items. in The Event Of A Government Closure (furlough) Caused By A Lapse In Appropriations, Which Can Occur If Adequate Funds Have Not Been Appropriated, The Contractor Shall Continue Performance Under The Contract Unless Otherwise Notified In Writing By A Contracting Officer. Unless The Contractor Is Provided A Formal Notification To The Contrary, Usually Via A Stop Work Order Pursuant To Far 52.242-15, The Contractor Must Continue To Comply With All Terms And Conditions Of The Contract. If A Contract Will Not Be Affected By A Shutdown, Generally No Separate Notification Or Communication Of That Fact Will Be Provided. Processing Of Contractor Invoices For Payment May Or May Not Be Deemed An Excepted Duty During A Furlough. As Such, Contractor Performance Is Expected Even Though Invoices Are Pending Payment Processing. The Prompt Payment Act Still Applies. the Government May Close A Government Facility For All Or A Portion Of A Business Day As A Result Of: · Granting Administrative Leave To Non-essential Government Employees (e.g., Unanticipated holiday); · Inclement Weather; · Failure Of Congress To Appropriate Operational Funds; Or, · Any Other Reason. in The Above Cases, Contractor Personnel Who Are Not Classified As Essential, I.e., Not Performing Critical Round- The-clock Services Or Tasks, Who Are Not Already On Duty At The Facility Shall Not Report To The Facility. Such Contractor Personnel Already Present Shall Be Dismissed And Shall Leave The Facility. The Contractor Is Responsible For Notifying All Of Its Affected Personnel In Such Circumstances Once The Contracting Officer Provides Notice Of Such. The Contractor Agrees To Continue To Provide Sufficient Personnel To Perform Continual Requirements Of Critical Tasks Already In Operation Or Scheduled For Performance During The Period In Which Government Employees Are Dismissed, And Shall Be Guided By Any Specific Instructions From The Contracting Officer. when Contractor Personnel Services Are Not Required Or Provided Due To Closure Of A Government Facility As Described In The Contract, The Contractor’s Payment Under The Contract Shall Be Affected As Follows-- for Cost-reimbursement, Time-and-materials And Labor-hour Type Contracts, The Government Shall Not Reimburse As Direct Costs, The Costs Of Salaries Or Wages Of Contractor Personnel For The Period During Which Such Personnel Are Dismissed From, Or Do Not Have Access To, The Facility. for Fixed-price Contracts, The Price Will Not Be Prorated And The Contractor Is Expected To Satisfy The Contract Requirement During The Period Of Performance Without Requested Extension. the Government May Also Terminate A Contract For Convenience Either In Partial Or Full. the Contractor Shall Include The Terms Of This Special Contract Requirement In All Subcontracts Awarded Under This Contract. 52.252-1 Solicitation Provisions Incorporated By Reference. (feb 1998) See Attachment this Solicitation Incorporates One Or More Solicitation Provisions 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. The Offeror Is Cautioned That The Listed Provisions May Include Blocks That Must Be Completed By The Offeror And Submitted With Its Quotation Or Offer. In Lieu Of Submitting The Full Text Of Those Provisions, The Offeror May Identify The Provision By Paragraph Identifier And Provide The Appropriate Information With Its Quotation Or Offer. Also, The Full Text Of A Solicitation Provision May Be Accessed Electronically At This/these Address(es): Https://www.acquisition.gov (end Of Provision) incorporated By Reference 52.204-7 System For Award Management (oct 2018) 52.204-16 Commercial And Government Entity Code Reporting ( Aug 2020) 52.212-3 Offeror Representations And Certifications—commercial Products And Commercial Services (dec 2022) 52.217-5 Evaluation Of Options (july 1990) 52.229-11 Tax On Certain Foreign Procurements—notice And Representation (jun 2020) (xiv) This Is Not A Rated Defense Priorities And Allocations System (dpas) Order. (xv) All Quotes Must Be Submitted Via Email To The Points Of Contact Listed No Later Than September 12, 2024 At 12:00 Pm (noon) Eastern Time. (xvi) For More Information Contact Delisa.hawkins@tsa.dhs.gov. ---end Of 70t05024q6115n007---
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