USAGM_Udorn-Gardening_services_Contract_19TH2019C0001_Sep2019.pdf

SBU - Contracting and Acquisitions

GARDENING SERVICES

COMMERCIAL ITEM FORMAT

COVER PAGE

SF1449 - Contract

USAGM Udornthani Gardening Services Contract Contract Number 19TH2019C0001

Contractor: Udon Siam Furnishing 1979 Ltd.

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, Contract Number 19TH2019C0001 , Prices, Block 11(f)

• Continuation To SF-1449, Contract Number 19TH2019C0001, Schedule Of Supplies/Services, Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

PRICES, BLOCK 11(f)

1. SCOPE OF CONTRACT

The contractor shall perform gardening maintenance services, including furnishing all labor and services, for the USAGM Thailand Transmitting Station, Bandung District, Udornthani Province, Thailand. The price listed below shall include all labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten

(10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with two (2) option years, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

2.0 PRICING

2.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the Ministry of Foreign Affairs, the Royal Thai Government.

2.2. BASE PERIOD PRICES

The firm fixed price for the Base year (Sep. 16, 2019 – Sep. 15, 2020) of the contract is:

Price per month Baht 176,887.00 x 12 months = 2,122,644.00 Baht per year

Estimated Defense Base Act Insurance Premium per year = 155,000.00 Baht

Total prices for the Base year = 2,277,644.00 Baht

2.3. FIRST OPTION YEAR PRICES

Option Year 1 Firm-Fixed Price for Standard Services for this contract is:

Price per month Baht 176,887.00 x 12 months = 2,122,644.00 Baht per year

Total prices for the First Option year = 2,277,644.00 Baht

2.4 SECOND OPTION YEAR PRICES

Option Year 2 Firm-Fixed Price for Standard Services for this contract is:

Price per month Baht 176,887.00 x 12 months = 2,122,644.00 Baht per year

Total prices for the Second Option year = 2,277,644.00 Baht

2.5 GRAND TOTAL Thai Baht

Base Year: 2,277,644.00

First Option Year: 2,277,644.00

Second Option Year: 2,277,644.00

Grand Total: 6,832,932.00

CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES/SERVICES

1. PERFORMANCE WORK STATEMENT

The purpose of this Purchase Order is to obtain gardening maintenance services for real property owned or managed by the U.S. Government at USAGM Transmitting Station, Bandung District, Udornthani Province, Thailand. The Contractor shall perform gardening services in all designated spaces.

1.1 DEFINITIONS

“Transmitter & Administrative Building” means the building of the Post used for official activities. Also known as the T&A.

“Maintenance & Storage Building” means the building of the Post use for facility management activities. Also known as the FAC.

“Contracting Officer (CO)” means a person appointed with the authority to enter in and administer contracts on the behalf of the Government.

“Contracting Officer’s Representative (COR)” means an individual designated in writing by the Contracting Officer to perform specific contract administration functions.

“General Instructions” means those instructions, directives and guidelines that apply to all gardening personnel.

“Government” means the Government of the United States of America.

1.2. GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening and landscape maintenance services as described in this contract for all Government properties listed in 1.13. The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION. The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The supervisor shall have supervision as his or her sole function.

1.3.2. SCHEDULES. The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 07:30 AM through 03:30 PM Monday through Friday. For those items other than routine daily services, the contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

And at no time will any contract employees be permitted access to the antenna fields without written authorization from the COR. (Refer to Section J, Exhibits A.1 Zone 1 for service locations).

1.3.3. QUALITY CONTROL. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

1.3.4. GROUNDS MAINTENANCE PLAN. The Contractor shall submit an annual Grounds Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. The Grounds Maintenance Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors. The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 30 days after contract award.

1.4 LAWN CARE

The contractor shall provide qualified and proficient personnel to operate all motorized equipment, to include mowers, edge cutters, and other such gas and electric powered equipment, in support of these services. Two tractors, cutting tails, and diesel fuel for the tractors including tractors maintenance service will be provided by the Government to the gardeners who are able to operate the tractors for the grass cutting, edging, and trimming once a week in rainy season and twice per month in dry season. To ensure safety, the contractor will need to acquire "access authorization", from the Station's Main Control Room (MCR), prior to performing these tasks inside the restricted areas posted around the curtain antennas.

1.4.1. GRASS CUTTING.

Type -- 1, Pertains to green grasses (lawns), located within the inner compound (hub) area.

Lawns are to be maintained at a height not to exceed 6 centimeters.

Type --2, Pertains to field grasses and shrub areas found in antenna fields and along paved roadways. Grasses are to be maintained at a height not to exceed 15 centimeters.

1.4.2 EDGING. Pertaining to Type 1 grass cutting, the contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut. Grass shall not extend further than 3 centimeters beyond the perimeter of lawn areas.

1.4.3. TRIMMING. Pertaining to Type 1 and Type 2 grass cutting, the contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures so that grass height does not exceed the height of the adjacent grass.

1.4.4. WEEDING. Weeding of lawns, gardens, and around trees shall be carried out on a continuous basis so as to prevent the growth of weeds into lawns and landscaping. Lawns, trees, shrubs, bushes, and flowers may be treated with weed killers once a year to ensure a weed free condition. The Contractor may use weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the cracks and joints within or along sidewalks and curbs. The Contractor shall obtain approval of the COR for all applications of weed killers.

1.4.5. The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and turf repair shall be part of the contractor's Grounds Maintenance Plan.

1.5. PRUNING

1.5.1 The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

1.5.2. The Contractor shall prepare a written schedule, as part of the Grounds Maintenance Plan, showing the method, frequencies, and dates of pruning.

1.5.3. The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to:

• direct and encourage plant growth in directions desired,

• remove dead and unsightly growth, and

• maintain a neat and attractive appearance.

The Contractor shall prune according to the schedule in the Grounds Maintenance Plan to ensure that all heavy pruning is accomplished during the proper season according to best horticultural practice. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape at all times.

1.5.4. At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor.

1.6. LEAF REMOVAL. The contractor shall, on Monday through Friday except for holidays basis, remove leaves from the properties listed in 1.12.1 Zone#1.

1.7. REMOVAL OF DEBRIS. The Contractor shall remove material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, stairways and curbs within or adjacent to the area, Monday through Friday except holidays.

Normal day-to-day gardening maintenance material, grounds keeping litter/trash debris may be place in Station trash containers. Small tree branches that fall naturally from the trees may be placed in the Station trash containers, if they will fit. Collected debris is to be removed once every week using a Contractor vehicle. However, heavy pruning, or specific tree branch project cuttings, large maintenance tree branch cuttings, must be removed from the work site each day. This type of debris shall not be placed in Station trash containers.

1.7.1 TRASH COLLECTION CONTAINERS FOR ALL COMPOUNDS:

Clean and wash the trash collection areas located at all compounds. Pick up litter, cigarette butts, papers, discarded packing crates, and any other similar items identified as trash throughout the entire Station. Empty all refuse containers in and outside of compounds Once a day, Monday through Friday.

1.8. WATERING. (applies to Zone #1)

1.8.1. The Contractor shall water lawns, flowers, shrubs, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

1.8.2. The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

1.8.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

1.8.4. The Government shall furnish the supply of water.

1.9. FERTILIZER. (applies to Zone #1)

1.9.1. The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

1.9.2. The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan.

1.9.3. The Contractor shall fertilize the lawn areas a minimum of two times per year.

1.9.4. The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

1.9.5. The Contractor shall apply weed killer once a year. If weed killer is not required, the Contractor shall request a waiver in writing from the COR.

1.10 PEST AND DISEASE CONTROL. The Contractor shall maintain a program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The Contractor shall obtain approval of the COR for all pesticides.

The Contractor shall present a plan for pest and disease control as a part of its Grounds Maintenance Plan.

1.11. HAZARDOUS AND TOXIC SUBSTANCES. (applies to Zone #1)

It is the contractor's responsibility to ensure the safe handling, storage, and application of all hazardous or potentially hazardous fertilizers products utilized in this requirement. At the end of each day, the contractor shall remove from the work place all potentially hazardous waste such as empty containers and bags for fertilizer products to an authorized area for disposal by the Government. The Government shall provide information on the safe handling, storage, and disposal, and recommended emergency actions for chemicals provided by the Government.

1.12. PERIMETER FENCE

The grass shall be cut along the perimeter fence line to a maximum 15 centimeter height, and over growth of weeds and shrubs will be removed from the fences. The area extending up to one

(1) meter outside the perimeter fences shall also be kept clear of all grass, shrubs, and weeds.

1.13. LOCATION FOR GARDENING SERVICES

All standard services are to be delivered on regular Post working days.

1.13.1 Zone #1, Lawns and Gardens (Section J, Exhibit A.1):

Approximately 43,572 square meters, mainly grass, bushes and trees. The contractor will complete Type 1 grass cutting, edging, trimming, pruning, weeding, turf/shrub repair and re-establishment, and general cleaning to ensure the pleasant appearance of the inner compound is maintained in a professional manner.

1.13.2 Zone #2, Paved Roadways (Section J, Exhibit A.2):

Approximately two (2) kilometers of paved road leading from the perimeter front gate to the inner compound main gate, with serviced areas extending up to ten (10) meters from either side of roadway shoulders or as otherwise allowed by local terrain. Adjacent terrain is primarily limited to planed trench lines and curbs. Roadways shall be maintained as per specifications given under Asphalt Covered Areas. Type 2 grass cutting, edging, trimming, and weeding also apply.

1.13.3 Zone #3, Unpaved Roadways (Section J, Exhibit A.2):

Approximately twenty (20) kilometers of unpaved laterite and crushed rock road surrounding the site, leading to and from antenna systems, and providing a fire break to un-serviced wooded areas. Serviced areas extend up to ten (10) meters from either side of roadway shoulders or as otherwise allowed by local terrain, to include an area extending one meter beyond the barbed wire fence line. Adjacent terrain consists of grass fields, culverts, drainage ditches, and irrigation channels. Growth Elimination shall apply to both laterite and crushed rock surfaces. Type 2 grass cutting, edging, trimming, and weeding also apply. In addition, road drainage ways shall be kept clear of excessive dirt, mud, or other debris, to ensure proper drainage of surrounding wooded areas.

1.13.4 Zone #4, Antenna Fields (see Section J, Exhibit A.2):

Approximately 1,413,265 square meters of cleared and semi-cleared grasslands. Type 2 grass cutting applies to open field areas. Edging, trimming, pruning, and weeding also apply to this area. Growth Elimination shall be applied to areas surrounding guy anchors (3.3 meter radius), beneath antenna structures and ground works, and under antenna baluns and coaxial lines outside of the inner compound.

Total areas for gardening services = 1,456,837 sq.m.

2. WORKING HOURS

All work shall be performed during 07:30 a.m. through 3:30 p.m., Monday through Friday except for the holidays identified in the Attachment 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above.

3. LAWS AND REGULATIONS

3.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

3.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract.

4. PERSONNEL REQUIREMENTS

4.1 GENERAL. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

4.2 STANDARD OF CONDUCT

4.2.1 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

4.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

Unauthorized use of Government property, theft, vandalism, or immoral conduct;

Unethical or improper use of official authority or credentials;

Security violations; or, Organizing or participating in gambling in any form.

4.2.6 KEY CONTROL. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract.

The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

4.3. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4. PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 45 – 60 days to perform. For each individual the list shall include:

Full Name Place and Date of Birth Current Address Identification number

4.4.2 Government shall issue identity cards to Contractor personnel, after they are approved.

Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves

Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary gardening supplies and equipment, including rakes, lawn mowers, hoe, pitchfork, pruning sheers, fertilizers to perform the work identified in Attachment A.

6. INSURANCE

6.1 AMOUNT OF INSURANCE. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

6.2 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1. Bodily Injury stated in Thai Baht:

Per Occurrence Baht 1,000,000 Cumulative Baht 10,000,000

2. Property Damage stated in Thai Baht:

Per Occurrence Baht 1,000,000 Cumulative Baht 10,000,000

6.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

6.4 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3, or host country nationals that do not have a DOL waiver.

6.5 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

any property of the Contractor, its officers, agents, employees, or any other persons, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

6.6 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7. TRANSITION PLAN

Within ten (10) days after contract award, the Contracting Officer may ask the contractor to develop a plan for preparing the contractor to assume all responsibilities for gardening services.

The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

Attachment 1

Government Furnished Property

The Government shall make the following property available to the contractor as "Government furnished property" for performance under the contract:

A. Utilities: Water supply and electricity will be provided by the USAGM Thailand Transmitting Station, Udornthani.

B. Facilities:

1. Two tractors, cutting tails, and diesel fuel for the tractors including tractors maintenance service will be provided by the Government to the contractor for the grass cutting.

2. A small facility for storage and uniform changing at M&S buildings will be furnished by the Government.

Storage: These small facilities will primarily be used by the Contractor as a place for employees to change into and out of uniforms. Contractor may store clothes, shoes, gardening equipment, i.e., sheers, hoes, rakes, lawn mowers, fire extinguishers, etc.

Chemicals and fertilizers are not allowable for storage. Only approved fertilizers, fungicides and pesticides may be brought onto government compounds for immediate usage. Cleaning these facilities will be the responsibility of the Contractor.

Facilities shall be locked by the Contractor when not in use; a separate set of keys will also be provided to the COR. COR reserves the right to access these areas for necessary inspections at any time. Contractor will maintain the storage facilities.

USAGM shall allow the contractor to store, at the Transmitting Station property, in a designated and protected area, a maximum amount of 1,000 liters of gasoline, in a fuel tank and pump provided by the contractor. This gasoline is kept temporarily to operate lawn mowers.

Attachment 2

American Holidays Thai Holidays

New Year’s Day Chakri Day Martin Luther King’s Birthday Songkran Festival Washington’s Birthday Coronation Day Memorial Day Visakha Bucha Day Independence Day Her Majesty the Queen Suthida’s Birthday Labor Day His Majesty the King Maha Vajiralongkorn’s Birthday Columbus Day Her Majesty the Queen Sirikit’s Birthday Veterans Day Chulalongkorn Day Thankgiving Day H. M. late King Bhumibol Adulyadej’s Birthday Christmas Day New Year’s Eve

*Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

Section J – Exhibit A.1

Location and size area

Zone #1 Lawns and Gardens (attached pdf file)

Section J – Exhibit A.2

Location and size area

Zone #2 Paved Roadways

Zone #3 Unpaved Roadways

Zone #4 Antenna Fields 1,413,265 sq.m.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT

2018) AND (DEVATION 2017 02) (June 2017), is incorporated by reference (see SF-1449, Block 27A)

None.

1.1.1.1 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2019)

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

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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:

(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 of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243

_ 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 (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 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 2011) of 52.219-4.

(13) [Reserved] (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).

(15) (i) 52.219-7, 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 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9

(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 (Jan 2017) (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 (Nov 2011) (15 U.S.C. 657f).

(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)).

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

_ X _ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (July 2014) of 52.222-35.

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

(ii) Alternate I (July 2014) of 52.222-36.

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

(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 (Jan 2019) (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).

(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 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.)

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

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (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 of EPEAT®-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).

(41) (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.

_ X _ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

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

(45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

(46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301note, 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.

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_ X _ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X _ (49) 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).

(50) 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).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ X _ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_ X _ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and10 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:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent 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) (Aug 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 of the 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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