1449 and Clauses.pdf

15B21222Q00000005 Page 1 of 13

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL·

3. AWARD/EFFECTIVE 4 OROER NUMBER

DATE

a. NAME

5 SOLICITATION NUMBER

15B21222Q00000005

6. SOLICITATION ISSUE

DATE

b. TELEPHONE NUMBER (No collsc!Clllls) 8. OFFER DUE DATE I LOCAL

TIME

Wendy Dupree Wdupree@BOP.GOV (518) 897-4057 05/24/2022 12:00 ET

9 ISSUED BY

Fcdcral llun:au of Prisons FCI Ray Brook

PO BOX300

RAYBROOK, NY 12977-0300

11. DELIVERY FOR FOB OESTINATION

UNLESS BLOCK IS MARKED

•"' SCHEDULE

CODE I BRBK

12. DISCOUNT TERMS

NET30

10 THE ACQUISITION IS • UNRESTRICTED OR 0 SET ASIDE· % FOR

Sll<AJ.L BUSINESS • HUBZONE S"""-l

BUSINESS

WOMEN-OWNED SMALL BUSINESS IWOSBI

ELIGIBLE UNDER THE WOIIIEN-OWl<ED S"""LJ. BUSINESS f'ROORAAI

NAICS:3!]99] • EDWOSB

SERVICE-DISABLED

VETERAN-OWNED

SMALJ. BUSINESS • •I"!

138. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15CFR700)

SIZE STANDARD: $ \ 7,000,000

13b. RATING

4. METHOD OF SOLICITATION

~RFC • IFB • RFP

15. DELIVER TO CODE BRBK 16. ADMINISTERED BY

LCC.:C::'-------J Federal Bureau of Pnson.

CODE BRBK

Federal Bureau of Prisons FCI Ray Brook

PO BOX300

RAYBROO~NY 12977-0300

17a CONTRACTOR/

OFFEROR

TELEPHONE NO.

CODEIL._. ___ __JI

FCI Ray Brook POBo~300 Ray Brook, NY 12977-03(~)

FACILITY I 18a. PAYMENT WILL BE MADE BY coo, L-------l

Federal Bureau uf Pri,on, FCI Ray Brook

PO BOX 300

RA YB ROOK, NY 12977--0300

Wendy Dupn-c

(0) (51 R) 897-4057 Wduprcc@bop.gov

COOE I BRBK

17b. CHECK IF REMITTANCE IS DIFFERENT ANO PUT SUCH ADDRESS IN 18b. SUBMIT INVOICEtil).ADORESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS OFFER CHECKED lJ SEE ADDENDUM

"""'"""",.,...,....,.....,...,""""'.,..,...---,-----1----::::-----'-r'-:---.---=---,---=::-,-- . '..''.~§'¥h1··1""i:tli.lif1'11r1.- ~ .ir --"' · ~-, .,,"/\~.A .. ~ ,," " ,,J , _ , , , Delivery Date: 07/01/2022

4th Quarter Food Service Subsistence All items are Small Business Set Aside (July 2022- September 2022) FOB Destination

See Continuation Sheet(s)

25. ACCOUNTING AND APPROPRIATION DATA 26 TOTAL AWARD AMOUNT (For Govt. Uss Only)

X 27a, SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52 212-4 FAR 52.212-3 AND 52.212-SARE ATTACHED. ADDENDA

~ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHEO. ADDENDA !:::

ARE lKl ARE NOT ATTACHED

ARE • ARE NOT A TT ACHEO

~ 26. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERW1SE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED

u 29. AWARD OF CONTRACT: REF.,~====~====~ OFFER

DATED•-~-~~~-- YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN.

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFERORICONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PR/ND

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED u). , ..

31b. NAME OF'fME CONTRACTING OFFICER !TYPE OR PR/ND 31c. DATE SIGNED

Wendy Dupree 05/10/2022

STANDARD FORM 1449 (REV. 212012)

Pmocnbed by GSA - FAR (48 CFR) 53.212

15B21222Q00000005 Page 2 of 13

19. 20. 21 " 23. "·

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, ANO CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________ _

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

OcoMPLETE • PARTIAL • FINAL

I PARTIAL I IFINAL

38. SIR ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Locel1on)

42c. DATE REC'D (YY/MMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (Rl;V.2/2012) BACK

I

Description

Solicitation/Contract Form Commodity or Services Schedule Contract Clauses

Table of Contents

15B21222Q00000005 Page 3 of 13

Page Number

. I

DJAR-PGD-15-02-IA Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) .. 5 DJAR-PGD-15-02-1 B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015) 52.203-3 Gratuities (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013).. .5 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (June 2016).

List of Attachments Solicitation Provisions

52.212-2 Evaluation - Commercial Items (Oct 2014) ..

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

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15821222Q00000005 Page 5 of 13

Section 3 - Contract Clauses ratuities (Apr 1984)

2.232-40 roviding Accelerated Payments to Small Business Subcontractors

Dec 2013)

Clauses By Full Text

DJAR-PGD-15-02-IA Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability-(DEVIATION 2015-02) (March 2015)

(a) None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation -

{l) convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability , unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of this offer -

(1) the offeror is not a corporation convicted ofa felony criminal violation under any Federal or State law within the preceding 24 months; and,

(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

DJAR-PGD-15-02-18 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

None of the funds appropriated to the Department under its current Appropriations Act may be used to enter into a contract, grant, or cooperative agreement with an entity that requires employess or contractors of such entity that requires employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise

15B21222Q00000005 Page 6 of 13 restricting such employees or contractors from lawfully reporting such waste, fraud, ora buse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. By submitting a response to this solicitation, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (June 2016)

(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:

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

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C.

6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 11 I• I 17, section 743 ofDiv. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_ (10) [Reserved].

_ (1 l)(i) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_ (ii) Alternate I (Nov 2011) of 52.219-3.

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_ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Jan 2011) of52.219-4.

_ (13) [Reserved]

X (14)(i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of 52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_ (l 7)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

_ (ii) Alternate I (Oct 2001) of52.219-9.

_ (iii) Alternate II (Oct 2001) of 52.219-9.

_ (iv) Alternate III (Oct 2015) of52.219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ (19) 52.219-14, Limitations on Subcontracting (Nov 201 I) (15 U.S.C. 637(a)(14)).

_ (20) 52.219-16, Liquidated Damages--Subcon-tracting 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 (Nov 2011) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition ofSegrcgated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. !3496).

15821222Q00000005 Page 8 of 13

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_ (ii) Alternate I (Mar 2015) of52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

_ (35)(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 l (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.)

_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

_ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.

13693).

_ (38)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of52.223-13.

_ (39)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televis10ns (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate l (Jun 2014) of 52.223-14.

_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_ ( 41 )(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s I 3423 and I 3514).

_ (ii) Alternate I (Jun 2014) of 52.223-16.

_X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging \\'bile Driving (Aug 2011) (E.O. 13513).

_ (43) 52.223-20, Aerosols (June 2016) (E.O. 13693).

_ (44) 52.223-21, Foams (June 2016) (E.O. 13693).

_ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_ (46)(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) of52.225-3.

_ (iv) Alternate III (May 2014) of 52.225-3

_ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (49) 52.225-26, Contractors Pcrfonning Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_ (50) 52.226-4, Notice of Disaster or Emergency Arca Set-Aside (Nov 2007) (42 U.S.C. 5150).

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_ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(£)).

_ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (54) 52.232-33, Payment by Electronic Funds Transfcr--System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (55) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. l 241(b) and IO U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) 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.]

_ (I) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_ (3) 52.222-42, Statement ofEquivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (5) 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).

_ (6) 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).

_ (7) 52.222-53, Exemption from Application ofthe Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

_ (10) 52.237-11, Accepting and Dispensing of$\ Coin (Sept 2008) (31 U.S.C. 5112(p)(I)).

(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, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(I) 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

15B21222Q00000005 Page 10 of 13 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 oftype 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 ofbusiness or pursuant to a provision of law.

(e)( I) 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)( I) 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 (Oct 2015) (41 U .S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) ( 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(I) off AR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow dov.n required in accordance with paragraph (f) ofFAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) _(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xii) 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).

(xiii) 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).

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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) off AR clause 52.247-64.

15B212220OOOOOOO5 Page 11 of 13

(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.

(End of clause)

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Section 4 • List of Attachments

This Section Is Intentionally Left Blank

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Section 5 - Solicitation Provisions

Provisions By Full Text

52.212-2 Evaluation - Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price and past performance

[Contracting Officer shall insert the significant evaluation factors, such as (I) technical capability of the item offered to meet the

Government requirement; (ii) price; (iii) past performance (see FAR J 5.304);?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are equal to price.

[Contracling Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

( c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offerer within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice ofwithdrawal is received before award.

(End of provision)