1. Combined Synopsis - IDIQ Demo 1_14_2021.pdf

**Competitive Woman Owned Small Business (WOSB) Set-Aside**

COMBINED SYNOPSIS/SOLICITATION ISSUE DATE: JANUARY 14, 2021

PROPOSAL DUE DATE: FEBRUARY 11, 2021

Subject: REQUEST FOR PROPOSAL N62473-21-R-1012, DEMOLITION AND ABATEMENT SERVICES

FOR MARINE CORPS BASE CAMP PENDLETON (MCBCP), CALIFORNIA AND NAVAL

WEAPONS STATION – SEAL BEACH DETACHMENT, FALLBROOK (NWSSBDF),

CALIFORNIA

(1) This is a Naval Facilities Engineering Command Southwest solicitation that is issued as a Request for Proposal and is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation for the subject services. Proposals are being requested and a written solicitation will not be issued. Also, this acquisition is being procured in accordance with FAR Parts 12 and 13. This competitive procurement has been designated as a Woman-Owned Small Business Set-Aside (WOSB) in accordance with FAR 19.805-1. Only proposals submitted by a contractor that has been certified as a WOSB Small Business Concern, will be considered for award. The intent of this combined synopsis/solicitation is to procure work requirements as defined using the primary North American Industry Classification System (NAICS) Code 238910 – Site Preparation Contractors, with a Small Business Size Standard of $16.5Million.

(2) The basis for award is price only. The Government anticipates the resultant contract will be an Indefinite Delivery, Indefinite Quantity (IDIQ) performance-based facility services contract, requiring non-recurring services. The solicitation requires proposals to be complete and in accordance with the attached Request for Proposal. All pricing shall be provided on the attached Exhibit Line Item Number (ELIN) Schedules and Bid Schedules.

(3) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2020-05 Item I (Effective 30 March 2020). In addition, this solicitation document and incorporated provisions and clauses are those in effect through Defense Federal Acquisition Supplement Current to DPN 20190913 (Effective 13 Sep 2019) Edition. See the following website for details:

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

(4) This is a competitive, WOSB set-aside procurement in accordance with FAR 19.805-1.

(5) The following are the Contract Line Item Numbers (CLINs) and options that are applicable to this acquisition:

CLIN 0001: Non-Recurring Services Work

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Commercial Items, Firm-Fixed Price (FFP) single award service contract that provides demolition and abatement non-recurring services for various facilities located at Marine Corps Base Camp Pendleton, California and at other locations under the cognizance of NAVFAC SW FEAD Camp Pendleton's Area of Responsibility. All project specific requirements for this contract will be issued on a task order as outlined in the basic contract. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representative, who will issue a written task order to the Contractor. Award of the task order(s) will be on a firm-fixed price basis. The estimated maximum dollar value, including the base period and all option periods (if exercised by the Government) for this contract is $10,000,000 and will serve as the maximum not-to-exceed amount of the entire contract term. The term of this contract includes a 12-month base period and four

(4) 12-month option periods for a total maximum contract term of 60 months. The contract will expire when 60 months has elapsed, or when the total contract maximum capacity of $10,000,000 is exhausted, whichever occurs first. The task order range for this contract is between $500 and $750,000. Task Order(s) issued below or above the task order range may be issued contingent upon mutual agreement of the contractual parties. The anticipated base period of performance is April 1, 2021 through March 31, 2022.

(6) The potential awardee of this procurement shall provide all labor, supervision, management, equipment, and materials (except those specified as Government-furnished, if applicable) necessary to perform the following technical annexes:

Annexes:

0100000 General Information 0200000 Management and Administration 1502000 Facility Investment (Demolition & Abatement)

The outcome for this procurement is consistent with Federal Acquisition Regulation (FAR 37.101) definition of service contracts. The Product Service Code for this procurement is P-400 – Site preparation. In addition, the proposed business arrangement for this acquisition is a single award Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract with only non-recurring services requirements. Contingent on the Government’s requirements, bona fide need for continuous services, and a minimum Contractor performance rate of Satisfactory, the Government shall have the unilateral right to exercise Option Periods to extend the contract term. All non-recurring project-specific requirements will be issued as task orders, will be pre-priced according to the awarded pricing bid and ELIN schedules. All task orders will include the funding obligations for such ordered services as described in the appropriate task order(s).

The non-recurring work requirements may also be ordered via DoD FEDMALL and payment for completed work ordered via DoD FEDMALL will be disbursed using Government Purchase Credit Card methods. The Government reserves the right to issue Blanket Task Orders for multiple requirements.

(7) Date(s) and place(s) of delivery and acceptance:

Date(s) for delivery and acceptance:

CLIN 0001: All task orders issued will define the work schedules and task order completion dates in accordance with each specific requirement.

Place(s) for delivery and acceptance:

Work performance shall be completed at various facilities located within the Area of Responsibility of the Naval Facilities Engineering Systems Command, Facilities Engineering and Acquisition Division, Camp Pendleton, California.

NOTE: This solicitation includes a seed project which will be issued as the initial task order requirement from the resultant contract. The seed project requirement description/title: Demolish Building 18416 at Marine Corps Base, Camp Pendleton, CA.

(8) FAR 52.212-1 Instructions to Offerors – Commercial Items (Deviation 2018-O0018) applies to this acquisition and any applicable addenda to this provision.

(9) FAR 52.212-2 Evaluation – Commercial Items is applicable to this acquisition and the evaluation criteria is included in Paragraph (a) of this provision and as specified in Paragraph (2) of this solicitation notice. The PRICE ONLY criteria was determined to be the most advantageous to the Government and is selected as appropriate for this acquisition. Award will be made upon a price reasonableness determination, contractor’s determination of responsibility within theof FAR Part 9, and acceptance to the provisions set forth herein.

(10) The following factor shall be used to evaluate offers: PRICE ONLY

(11) Submittal Requirements (provided on an 8 ½ x 11 in size using between a 10 to12-point Times New Roman fonts):

Attachment #1: Cover Letter: Include the following also on the cover letter:

Solicitation Number N62473-21-R-1012 Name, address, telephone, and email address of the offeror.

DUNS number, CAGE CODE number, and Tax Payer Identification (TIN) number.

Point(s) of contact with title, telephone, fax, email address of person(s) authorized to negotiate on the

Offeror’s behalf with the Government as related to this solicitation.

Total price per Contract Line Item Numbers (CLIN 0001) and the total proposed price of all CLINs (as applicable) combined. The figures on the cover letter shall match the figures identified in Attachment #2.

An alternate point of contact (POC) with whom the Government can correspond regarding the solicitation.

The cover letter signed by an authorized contractor representative/officer of the corporation.

The Offeror shall acknowledge in their cover letter there are no technical assumptions and/or qualifiers/conditions in the proposal. See below for details:

TECHNICAL ASSUMPTIONS:

Any technical assumptions made by the offeror in its proposal will not be binding on the Government. The offeror will not be entitled to any equitable adjustments based on assumptions made by the offeror in its proposal.

QUALIFIERS/CONDITIONS:

Any qualifiers / conditions made by the offeror in its proposal will not be binding on the Government. The offeror will not be entitled to any equitable adjustments based on qualifiers/conditions made by the offeror in its proposal.

Note: An Offeror who includes any technical assumptions and/or qualifiers/conditions in their proposal may be ineligible for award.

Attachment #2: ELIN Price Proposals:

a) Price Proposal for Total Contract

b) Price Proposal for Seed Project Requirement: Demolish Building 18416 (PE17450M)

Complete an electronic version using Excel worksheets that was provided by the Government. Electronic version must be compatible with Microsoft Office 2010. Leave all excel formulas in the spreadsheet. In addition, Offerors shall round all proposal figures in the ELIN schedule to two (2) decimal places.

Attachment #3: Copy of the Online Representations and Certifications from the System for Award Management, at the following website: www.sam.gov, including all completed applicable sections of the FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items.

Attachment #4: Copy of the VETS-4212 annual report. Legislatively mandated under 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300, respectively, contractors and subcontractors who enter into, or modify a contract or subcontract with the Federal Government, and whose contract meets the criteria set forth in the above legislation/regulations, are required to report annually on their affirmative action efforts in employing veterans.

Veterans’ Employment and Training Service (VETS) has a legislative requirement to collect, and make available to OFCCP, reported data contained on the VETS-4212 report for compliance enforcement.

http://www.dol.gov/vets/vets4212.htm.

Federal Contractor Reporting – VET 4212

In accordance with FAR 22.13, any contractor or subcontractor with a contract or subcontract with the Federal Government of $150,000 or more that was entered into on or after October 1, 2015 (or $100,000 or more that was entered prior to October 1, 2015) must take affirmative action to hire and promote qualified covered veterans which includes, special disabled veterans, veterans of the Vietnam-era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

If subject to the reporting requirements, companies must file an annual VETS-4212 Report, which shows the number of covered veterans in their workforce and number of new hires, including covered veterans hired during the reporting period. Instructions, information, and follow-up assistance is provided at VETS-4212 Internet site at http://www.dol.gov/vets/vets4212.htm or employers may contact the VETS-4212 customer support at (866) 237- 0275 or e-mail at VETS4212-customersupport@dol.gov.

VETS-4212 Reports must be filed between August 1 and September 30 of each year following a calendar year in which a contractor or subcontractor held a covered contract or subcontract.

Upon the successful submission of a VETS-4212 report, federal contractors will receive an email confirmation of receipt notification for their records. Offerors shall include a copy of their confirmation notification email in their proposal as verification of submission for the current reporting period. DO NOT SUBMIT A COPY OF THE REPORT ITSELF. If this requirement is not applicable to your firm, provide a statement that your firm does not have any contracts subject to this requirement.

A contract cannot be awarded to a contractor that has not submitted a required annual form VETS-4212, Federal Contractor Veterans’ Employment Report (VETS-4212 Report) if subject to the reporting requirements of 38 U.S.C.

4212(d) for that fiscal year.

Attachment #5: Copy of WOSB Certification by the U.S. Small Business Administration with pertinent supporting documentation confirming the Offeror meets the WOSB Small Business Size Standard as defined in FAR Part 19.805-1.

Basis of Evaluation:

The Government will evaluate price based on the TOTAL PRICE (lowest total price). Total price consists of all requirements included in the base period and all option period line items. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) of the solicitation. In accordance with FAR 52.217-5, evaluation of options will not obligate the Government to exercise the option(s).

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the RFP.

ii. Comparison of proposed prices with the IGCE.

iii. Comparison of proposed prices with available historical information.

iv. Comparison of market survey results.

A price that is found to be unreasonably high in relation to the proposed work may result in the overall proposal being considered unacceptable. The burden of proof of price reasonableness rests solely with the offeror.

Offers may be evaluated as unacceptable if they lack the following additional business information with their proposal:

Company Name, Address, Point of Contact DUNS number CAGE CODE number

TIN

NAICS Code Business Size RFQ Amendment acknowledgements Unit price/rate or extended price for any item within the quote

(12) Offerors shall include a completed copy of the provision at 52.212-3 Offeror Representations and

Certifications -- Commercial Items, with its offer.

(13) FAR 52.212-4 Contract Terms and Conditions – Commercial Items is applicable to this acquisition and any applicable addenda to this clause.

(14) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items applies to this acquisition and the additional FAR clauses cited in the clause are applicable to this acquisition.

(15) The anticipated award date is March 15, 2021 with a base performance period of April 1, 2021 through

March 31, 2022. The Offeror agrees to hold its offer firm for a period of 90 days from the proposal submission due date.

(16) Defense Priorities and Allocations System: Not applicable.

(17) Quote/Proposal due date and delivery location:

Quotes/Proposals are due by Thursday, February 11, 2021 by 10:00 AM, (Pacific Standard Time). Deliver proposal via email to tracy.thompkins@navy.mil, kellee.krause@navy.mil, and lisa.delapena@navy.mil.

Offerors shall provide either a Microsoft Word 2007 or later version or Adobe Acrobat 5.0 or later version of the technical portion of the quote/proposal.

For the pricing portion of the proposal, all formulas must be compatible with Microsoft Office 2007 or later. Leave all excel formulas open in the spreadsheet. In addition, Offerors shall round all proposal figures in the ELIN schedule to two decimal places.

(18) Pre-proposal conference/Site Walk:

A pre-proposal conference combined with a site visit is scheduled for January 23, 2021 at 9:00 AM. All Offerors will meet at the NAVFAC SW FEAD Office located at 22101 Ninth Street, Camp Pendleton, California. All base access requirements shall be coordinated with Tracy Thompkins at tracy.thompkins@navy.mil. There will be an attendee limitation of the PPC/Site Walk. Each Offeror firm will be limited to only two (2) representatives. Provide a list of attendees to Tracy Thompkins on or before 1:00 PM on January 20, 2021.

Requests for Information (RFIs) are due on or before January 28, 2021 at 10:00 A.M. Pacific Standard Time (PST).

If a prospective Offeror does not submit any questions via RFI, it will be construed to mean that the Offeror fully understands all requirements of the solicitation. All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing. However, if an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as required by FAR Clause 52.212-1 Instruction to Offerors of the solicitation.

(19) Attachments included in the soliciation:

Technical Annexes:

Annexes:

0100000 General Information 0200000 Management and Administration 1502000 Facility Investment (Demolition & Abatement)

Wage Determination:

J-0200000-08 – SCA Wage Determination (WD #2015-5635)

Exhibit Line Item Number (ELIN) Schedule:

J-0200000-09 – ELIN Schedules

Maps:

J-1502000-01 Base Map

Other:

Asbestos and Lead-Based Paint Survey (Seed Project); Building 18416; PE17450M

The following provisions and clauses (incorporated by reference) are required to be completed by the prospective offerors and must be submitted with the offer:

52.209-7 – Information Regarding Responsibility Matters 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.209-12 – Certification Regarding Tax Matters 52.212-3 – Offeror Representations and Certifications -- Commercial Items (Oct 2018) – Alternate I 52.219-1 – Small Business Program Representation 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

General Clauses and Provisions:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts 52.204-16 Commercial and Government Entity Code Reporting 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations 52.212-1 Instructions to Offerors--Commercial Items 52.212-1 Instructions to Offerors--Commercial Items 52.212-3 Offeror Representations and Certifications—Commercial Items 52.212-4 Contract Terms and Conditions--Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items 52.217-8 Option To Extend Services 52.217-9 Option To Extend The Term Of The Contract 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns 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 52.222-36 Alt I Equal Opportunity for Workers with Disabilities (JUN 2020) - Alternate I 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658

52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving 52.232-29 Terms for Financing of Purchases of Commercial Items 52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management 52.232-36 Payment by Third Party 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest After Award 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-5 Payments to Small Business Subcontractors 52.252-5 Authorized Deviations In Provisions 52.252-6 Authorized Deviations In Clauses 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7003 Agency Office of the Inspector General 252.204-7004 Antiterrorism Awareness Training for Contractors.

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.215-7007 Notice of Intent to Resolicit 252.215-7008 Only One Offer 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data 252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation

(DEVIATION 2020-O0015)

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.237-7019 Training for Contractor Personnel Interacting with Detainees 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

(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 items:

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

C).

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

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

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

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

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

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

_X_ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

_X_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

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

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

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

13496).

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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

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

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

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

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

13513).

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

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

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

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

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

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

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

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

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (FEB 2006) 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 items: (Contracting Officer check as appropriate.)

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

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

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN 2020) (41 U.S.C. 3509).

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $750,000;

(2) Any order for a combination of items in excess of $750,000; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 365 days after the basic award contract completion date.

(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 30 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 60 months.

(End of Clause)

52.222-35 -- Equal Opportunity for Veterans.

As prescribed in 22.1310(a)(1), insert the following clause:

Equal Opportunity for Veterans (Oct 2015)

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

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

Alternate I (Jul 2014). As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: _____________________

52.222-36 – Equal Opportunity for Workers With Disabilities.

As prescribed in 22.1408(a), insert the following clause:

Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

DCAA Auditor DoDAAC

Other DoDAAC(s)

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC