Solicitation_clauses_unrestricted_bread_dairy.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 GP -Z&\

2. CONTRACT NO. 3. AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

l 5B2 l 220Q00000004 02/10/ 2020

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect ca/ts) 8. OFFER DUE DATE / LOCAL

INFORMATION CALL: TIME

Mar k Allen mallen@ b op.gov (518) 897-4075 0 2 / 27/ 2020 17 :00:00

9. ISSUED BY CODE I BRBK 10. THE ACQUISITION IS 0 UNRESTRICTED OR • SET ASIDE: % FOR

Fed eral Bureau of P r isons • SMALL BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCI R ay Brook • HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 3 l I 99 1

PO BOX 300

BUSINESS • EDWOSB

RA YBROOK, NY 12977-0300 • SERVICE-DISABLED SIZE STANDARD: $ J 7 ,000,00

VETERAN-OWNED • SMALL BUSINESS B(A)

11 . DELIVERY FOR FOB DESTI NATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET30 • RATED ORDER UNDER DPAS • SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE 0 RFQ • IFB • RFP

15. DELIVER TO CODE I B RBK

16. ADMINISTERED BY CODE I BRBK

Federal Bureau of Prisons Federal Bureau of Prisons Mark Allen

FCI R ay Brook FCI Ray Brook (0) (5 I 8) 897-4075 PO BOX 300 PO Box 300 mallen@ bop.gov RA YBROOK, NY 12977-0300 Ray Brook, NY 12977-0300

17a. CONTRACTOR/ CODE I I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I BRBK

OFFEROR CODE

Fed eral Bureau of P r isons

FCI Ray Brook

POBOX300

RA YBROOK, NY 12977-0300

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEtJADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

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

Delivery Date: 04/ 01/2020

3rd Quarter Food Service Subsistence

(Apr il I, 2020 - June 30, 2020)

FOB Destination

See Continuation Sheet(s)

( Use R~Y!rs~ a1Kf!or Allach Atkli1io110/ Sheets ru Nt"Cessa,:,,)

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

!29 21a . SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 , 52.212-4 . FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA LJ ARE X ARE NOT ATTACHED • ARE ~ ARE NOT ATTACHED • 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 . FAR 52.21 2-5 IS ATTACHED. ADDENDA

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

• 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNIT~RZTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRIN7)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRIN7) 31c. DATE SIGNED

Mark Allen 02/l 0/2020

STANDARD FORM 1449 (REV. 2/2012)

Prescrbed by GSA - FAR (48 CFR) 53.212

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19. 20. 21 . 22. 23. 24.

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND 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 32f. 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

O coMPLETE • PARTIAL • FINAL I PARTIAL I IFINAL

38. S/R ACCOUNT NUMBER 39. S/R 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 (Location)

42c. DATE REC'D (YYIMM/DD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

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Table of Contents

Description Page Number

Solicitation/Contract Form .. ... ............................. .................... ............. ....... .... .. ... ... .. .. ..... ..... ... ........ ........... ... . I Commodity or Services Schedule Contract Clauses

DJAR-PGD-15-02-IA Corporte Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-IB Contractor Internal Confidentiali ty Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 2015-02) (March 2015)

52.21 2-5 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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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

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Section 3 - Contract Clauses

Clauses By Reference

152.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

['his 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): www .acquisition.gov

Clause rnt1e Fill-ins (if applicable)

52 .203-3 Gratuities (Apr 1984)

52 .232-40 Providing 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 20 15-02) (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 -

(1) 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 of a 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-15-02-1B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation - (DEVIATION 201 5-02) (March 2015)

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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 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 infonnation. 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)

52.2 12-5 Contract Tenns and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (June 2016)

(a) The Contractor shall comply with the followi ng Federal Acquis ition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acqu isitions of commercial items:

( l) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 20 I 5)

(2) 52.233-3, Protest After Award (Aug l 996) (3 1 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws l 08-77 and l 08-78 (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 ( I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U .S.C. 4 704 and 10 u.s.c. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 20 15) (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. l 09-282) (3 I U.S.C.

610 1 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 20 14) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (3 I U.S.C. 6 IO I note).

_ (9) 52.209-9, Updates of Publicly Available Infonnation Regarding Responsibility Matters (Jul 2013) (4 1 U.S.C. 2313).

_ ( I 0) [Reserved].

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_ ( 11 )(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ov 2011) (15 U.S.C. 657a).

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

_ (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 201 I) of52.219-4.

_ (13) [Reserved]

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

_ (ii) Alternate I (Nov 2011 ).

_ (iii) Alternate II (Nov 2011).

_ (l 5)(i) 52.2 I 9-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-7.

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

_ (16) 52 .219-8, Utilization of Small Business Concerns (Oct 20 14) (15 U.S.C. 637(d)(2) and (3)).

_ ( l 7)(i) 52.2 19-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

_ (i i) Alternate I (Oct 200 I) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of 52 .2 19-9.

_ (iv) Alternate III (Oct 2015) of 52.2 I 9-9.

_ (18) 52.2 19-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)) .

_ (l 9) 52.219-14, Limitations on Subcontracting (Nov 2011) (l 5 U.S.C. 637(a)( 14)).

_ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U .S.C. 63 7( 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 t).

X (22) 52.2 19-28, 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) 52.2 19-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 20 15) (15 U.S.C. 637(m)).

X (25) 52 .222-3 , Convict Labor (June 2003) (E.O. 11 755).

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

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 20 I 5).

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. 42 12).

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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. 13496).

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

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

_ (34) 52.222-54, Employment Eligibili ty Verification (Oct 2015). (Executive Order I 2989). (Not applicable to the acquisition of commercially availab le 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 I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisi tion 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 20 16) (E.O.

13693).

_ (38)(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.

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

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

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

_ (4l)(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Oct 20 15) (E.O.s 13423 and 13514).

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

X (40) 52 .223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 201 1) (E.O. 135 13).

_ (43) 52.223-20, Aerosols (June 20 16) (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, 11 2-42, and 11 2-43.

_ (ii) Alternate I (May 20 14) of 52.225-3 .

_ (i ii) 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).

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

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

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

_ (52) 52.232-29, Tenns for Financing of Purchases ofConmmcial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

X (54) 52.232-33, Payment by Electronic Funds Transfer--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. 124l(b) and l 0 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.]

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

_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (4 1 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) (4 1 U.S.C. chapter 67) .

_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 20 14) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order I 3658 (Dec 20 l 5).

_ (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$1 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.

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(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 avai lable for 3 years after any resulting final tennination 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 avai lable until such appeals, litigation, or claims are finally reso lved.

(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)(l) 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)(l) 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) (4 1 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 faci lity), 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) of FAR 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 20 15) (38 U.S .C. 42 12).

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

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

(x) 52.222-4 l , Service Contract Labor Standards (May 20 14) (41 U.S.C. chapter 67).

(xi) _ (A) 52.222-50, Combating Trafficking in Persons (Mar 20 15) (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 .222-5 l , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (4 1 U.S.C. chapter 67).

(xii i) 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 Eligibi lity Verification (Oct 20 l 5) (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) .

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(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.

(xvi ii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C.

263 I). Flow down required in accordance with paragraph (d) ofF AR 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.

(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

This Section Is Intentionally Left Blank

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 wi ll be most advantageous to the Government, price and other factors considered. The fo llowing 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 15. 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.

[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation f actors, 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 offeror 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

15B21220Q00000004 Page 14 of 14 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 of withdrawal is received before award.

(End of provision)