15. AMENDMENT 0001 to 2032H322Q00058_20220803.pdf

Date: August 3, 2022 To: Authorized Resellers of Artist Robert A. Anderson’s Services From: The Office of Business Solutions Acquisition (OBSA); Treasury Operations Branch Subject: Amendment 0001 to Request for Quote (RFQ) 2032H322Q00058 – Official Portrait of Secretary Steven T. Mnuchin

AMENDMENT 00001 to RFQ 2032H322Q00058

Attachment 1 to RFQ 2032H322Q00058-0001 (Amendment 0001) provides the government’s response to vendor questions received. Based on the questions received, and the government’s response hereto, the following revisions and/or updates have been made to the RFQ, as follows:

1. Ref. Para 6.6.3 Pricing. Para 6.6.3 Pricing has been revised, as well as RFQ Attachment 1 Pricing Worksheet. See below for changes to Para 6.6.3 Pricing and attached for the revised RFQ Attachment 1 Pricing Worksheet.

2. Ref. Para 6.6.6 Questions. The question period has closed. Therefore, no additional questions shall be considered in reference to this RFQ notice.

3. Ref. Para 6.6.7 Proposal/Quote: The proposal/quote due date has been extended from “3:00 pm Eastern Time (ET) Wednesday, August 10, 2022,” to, “3:00 pm Eastern Time (ET) Wednesday, August 17, 2022.

4. Ref. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2022) has been revised to remove the “X” in reference to FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). FAR 52.204-10 does not apply to this acquisition.

All other terms and conditions remain the same.

*RFQ 2032H322Q00058 Terms and Conditions conformed thru Amendment 0001”

1. The Office of Business Solutions (OBSA), Treasury Operations Branch is issuing this Request for Quote (RFQ) to solicit authorized resellers for art Robert A. Anderson services. This acquisition is BRAND NAME ONLY. Based on market research, it was determined there are authorized Woman Owned Small Businesses capable of securing the services of artist Robert A. Anderson. Therefore, the solicitation is 100% WOSB set-aside. Authorized WOSB companies that can fulfill this requirement are invited to respond to this notice.

2. This notice is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06; Effective Date: 05/26/2022. The complete text of any of the clauses and provisions may be accessed in full text at https://www.acquisition.gov/browse/index/far.

4. The associated North American Industrial Classification System (NAICS) code for the procurement is 711510 Independent Artists, Writers, and Performers with a business size standard of $8.0 million. This requirement is to provide Department of Treasury an official portrait of Secretary Steven T. Mnuchin.

5. Since this solicitation includes a BRAND NAME requirement for artist Robert A.

Anderson, a copy of the redacted Brand Name (Limited) Justification is attached in accordance with FAR 5.102(a)(6) procedures.

6. Instructions to Offerors: Offeror(s) shall provide the following items in order to be responsive to this solicitation notice, as follows:

6.1 A cover letter (or within their email transmittal), the name of the individual authorized to negotiate on behalf of the company. This information should include the individual’s name, title, company name, company address, phone number, and email address.

Page Limitation: If in letter format, One Page

6.2 Technical Capability Statement that demonstrates ability to perform the requirements, as stated in Section II, Description of Services. In addition, should the contractor have any assumptions, exceptions to the RFQ terms and conditions or issues, it shall be provided within this section.

Page Limitation: Three Pages

6.3 Pricing. The offeror’s Firm Fixed Price quote shall be provided by completing RFQ Attachment 1 Pricing Worksheet. NOTE: This information will be transferred to the awardee’s Part I – The Schedule, Section B – Supplies or Services, Para B.1 Schedule of Services. RFQ Attachment 1 Pricing Worksheet requires offerors to provide a sum amount for the amount to be obligated under any resulting award to this RFQ requirement, as well as the summed amount that will be the assumed responsibility of Secretary Steven T. Mnuchin. In addition, offerors shall provide a separate and detailed pricing summary inclusive of all costs associated with this requirement. The "detailed pricing summary" total price shall not exceed the value of CLIN 0001 and the Secretary’s portion, when added together. The government intends to use this information in its' evaluation of the offeror's proposed price. At the offeror's discretion, discounts may be applied to both CLIN 0001, as well as the portion to be covered by the Secretary. This information shall be clearly demonstrated in the “detailed pricing summary.”

Page Limitation: No Page Limitation

6.4 Customer Survey. By providing two Customer Surveys (government contracts preferred) by completing RFQ Attachment 2, Customer Survey Form.

Page Limitation: Maximum - Two completed Customer Surveys

6.5 Complete portions of the following provisions (unless already completed through SAM.gov):

a. DTAR 1052.209-70 - Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)

b. FAR 52.212-3 - Offeror Representations and Certifications-Commercial Items (Feb 2021)

Page Limitation: No page limitation

6.6 Questions: The question period closed. Therefore, no additional questions will be considered in reference to this RFQ notice.

6.7 Proposal/Quote: Provide proposal/quote via email to Ramona L. Hanson, Contracting Officer at Ramona.L.Hanson@irs.gov no later than 3:00 pm Eastern Time (ET) on Wednesday, August 17, 2022.

7. Basis for Award: This acquisition is being procured utilizing the evaluation and award procedures as set forth in FAR Parts 12 and 13. Only one award will result from this solicitation and the Government shall make its’ award decision to the lowest priced, technically acceptable offeror based upon the aforementioned and its’ evaluation of all offer(s)/quote(s) received.

PART I – SCHEDULE:

SECTION B – SUPPLIES OR SERVICES

B.1 Schedule of Services

The services to provide an official portrait of Secretary Steven T. Mnuchin is further described below in this document, and it is intended that upon completion of this service the official portrait will be added to the Department of Treasury’s permanent collection. The government has agreed to pay out a maximum Firm Fixed Price (FFP) amount of $30,000.00 for the portrait.

Secretary Steven T. Mnuchin has agreed to cover the remaining amount for the procurement of an official portrait.

LINE ITEM

SCHEDULE OF

SUPPLIES/SERVICES

$ Estimated

FFP

Amount

% of Difference

$ Total (Discounted) FFP Amount

CLIN 0001

Official Portrait of Secretary Mnuchin

$30,000.00 % $

TOTAL FIRM FIXED PRICE (FFP) $

*As noted above, the above Table will be completed by the Contracting Officer at time of award by transferring the offeror’s RFQ Attachment 1 Pricing Worksheet information to the above Table. Therefore, the Offeror shall not complete the above Table in response to this RFQ notice.

B.2 Invoicing and Payment Instructions

Electronic Funds Transfer: Pursuant to FAR 32.1101, payment shall be made through transfer of electronic funds as provided in FAR 52.232-33, “Payment by Electronic Funds Transfer – System for Award Management.” The Contractor shall complete the ACH Vendor Enrollment Form for Electronic Funds Transfer (EFT).

(a) Invoices shall be submitted electronically to www.ipp.gov.

(b) An electronic copy shall also simultaneously be submitted to the COR at TBD and the Contracting Officer at Ramona.L.Hanson@irs.gov.

(c) Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.

(d) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform

(IPP)

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. The preferred method for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing through IPP will be mandatory for all new contract awards. Additional information regarding IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480- 8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131.

Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through IPP should be in the proper format and contain the required information for payment processing. A “proper invoice” must meet the minimum standards specified in FAR 32.905(b) in order to be approved for payment. Under this contract, the following documents are required to be submitted as an attachment to the invoice:

Payment and Invoice Questions

For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via e-mail at AccountsPayable@bpd.treas.gov.

Waivers

If the Contractor is unable to utilize IPP for submitting payment requests starting on October 1, 2012 then a waiver form must be completed in advance and submitted via mail or e-mail for review and approval by the Contracting Officer (see Attachment 1). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats for submitting waivers electronically. The vendor will be notified in a reasonable number of days as to whether their waiver has been approved or rejected. If the waiver is granted, then a copy of the waiver must be submitted with each invoice that the vendor submits to the payment office.

(End of Clause)

PART II - DESCRIPTION OF SERVICES

1.0` BACKGROUND

For over 130 years the U.S. Department of Treasury has commissioned prominent artists to paint the portraits of Treasury secretaries. These portraits become the property of the U.S. government and are permanently displayed in the Treasury building as part of the Treasury collection of artworks. The collection commenced in 1880 when Secretary John Sherman commissioned the American artist George Healy to paint his official portrait from life for the sum of $500. The tradition has continued and the collection contains a likeness of every Treasury secretary, since Sherman all painted from life. Secretary Steven T. Mnuchin served as Treasury Secretary under President Donald Trump and, by Treasury tradition, merits an official Treasury portrait that commemorates his tenure as a Treasury Secretary.

2.0 SCOPE

The U.S. Department of Treasury seeks to acquire an official portrait of Secretary Steven T. Mnuchin to add to its permanent collection. The portrait will become official government property and exhibited in the Treasury building. The portrait will follow the precedent established in 1880 and will be three-quarter in figure length, painted in oil on canvas, securely mounted in a wooden frame with a gold leaf finish. The contract will be a firm fixed price. The finished portrait will be approved by the sitter, Steven T.

Mnuchin and delivered to the Treasury Department on the date specified in the purchase order. All transportation liability will be borne by the artist and any necessary adjustments will be their responsibility. The portrait will be completed in 12 months from the date of the commencement of the purchase order.

3.0 TASKS

The Contractor shall complete the portrait in accordance with the criteria outlined below:

The Painting

3.1 The portrait will be executed in oil on canvas and the size of finished portrait shall be three-quarter in figure length painted on a canvas sized 40” x 50.”

3.2. The portrait shall be executed on a prepared canvas which will be mounted on a wooden stretcher. The stretcher will be firmly keyed on all four corners and no nails or screws will protrude into the canvas area. The canvas will be firmly affixed to the stretcher either by stainless steel staples or tacks. The finished portrait will be backed by the artist prior to its delivery to Treasury.

3.3 The artist will consult with the Contracting Officer’s Representative (COR) in determining the number of sittings and their impact on the portrait’s completion. Any change in the number of agreed upon sittings will not affect the fixed price of the contract.

3.4 Secretary Steven T. Mnuchin will determine the portrait’s background. The COR will assist the artist, as necessary, in recommending appropriate background elements.

The artist will sign and date the finished portrait.

The Frame

3.5 The finished portrait will include an assembled and finished frame with mounting hardware.

3.6 The frame shall not be labeled with the Secretary’s name or tenure.

3.7 The frame will be constructed of a wooden substrate, covered in gesso and finished in a 22 karat (or higher) gold leaf finish.

Progress Reports & Schedule

3.8 Quarterly progress reports will be provided to the COR on a set schedule that shall be predicated on the contractual date of completion. The progress report will note if any delay in completion is anticipated and the reason and period of the delay. Color photographs, recording the artist’s progress, will be submitted with the quarterly reports. The progress photographs will be considered property of Treasury and are not returnable. The photographs should be labeled with the date and state of progress.

3.9 Feedback from the COR shall be obtained throughout the process and in the event that the COR is not satisfied with the timeliness of the progress or portrait’s execution, the Contracting Officer (CO) will direct the artist to correct deficiencies. A mid-term review will be held between the COR and Contractor to document the portrait’s progress and to justify a partial payment at this juncture.

3.10 The Contractor shall not release or permit the release of sketches, photographs, or copies of the portraits to the public as it is being completed or after final acceptance without the prior written permission of the CO. The portrait becomes the property of the Treasury Department and may not be reproduced or replicated in any medium. The artist has the right to reserve black and white or color photographs of the portrait for use in his portfolio after the acceptance of the portrait of the Treasury.

3.11 The finished portrait will be delivered to Treasury, wrapped in a protective layer of ethafoam, cardboard and plastic, and shipped in a closed wooden crate via a fine arts carrier or an express mail service. The artist may elect to provide to Treasury sketches and other materials used in the execution of the portrait.

4.0 DELIVERABLES

Task Reference Number

Deliverable Date/Frequency

4.1 Quarterly Progress Reviews Quarterly

4.2 Photographic Documentation Quarterly

4.3 Mid-Term Progress Report Mid-Term

4.4 Finished Portrait Upon Completion

4.5 Sketches, photos (Optional) Upon Completion

5.0 TRAVEL

This is a firm fixed price purchase order. Travel is to be included in the overall price.

6.0 PERIOD OF PERFORMANCE

Upon award of the Purchase Order, the period of performance shall be completed 12 months after contract award. Should a delay occur in performance, the contractor shall immediately notify the COR in writing (via email) and also provide the reason for the delay.

7.0 DELIVERY

The complete portrait shall be delivered to the Treasury Building, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220 and scheduled with the COR for receipt by the Office of the Curator. It shall be insured for full value by the vendor. Any damage in transit to the portrait and/or frame shall be the responsibility of the contractor to correct or redo per the terms of this contract.

Any damage to the painting will be repaired only by the contractor and corrective actions to the painting shall be subject to the final approval of the

COR.

8.0 PLACE OF PERFORMANCE

All work, except for the sittings, will be performed at the contractor’s facility.

9.0 GOVERNMENT FURNISHED PROPERTY

If the government shall furnish photos for background purposes, those photos will be returned to the COR upon completion of the portrait. No other government property will be furnished.

10.0 OWNERSHIP/PROPERTY RIGHTS

After final acceptance, the completed portrait becomes the exclusive property of the Treasury Department which shall retain all rights thereto.

11.0 POINTS OF CONTACT

The primary points of contact for this contract are as follows:

Contracting Officer Ramona L. Hanson Phone: (240)613-9385 Email Address: Ramona.L.Hanson@irs.gov

Contracting Officer Representative (COR):

TBD

Phone: TBD Email Address: TBD

12.0 INVOICE INSTRUCTIONS AND PAYMENT

Electronic Funds Transfer: Pursuant to FAR 32.1101, payment shall be made through transfer of electronic funds as provided in FAR 52.232-33, “Payment by Electronic Funds Transfer –System for Award Management.” The Contractor shall complete the ACH Vendor Enrollment Form for Electronic Funds Transfer

(EFT).

Invoicing and Payment Instructions:

a) Invoices shall be submitted electronically to www.ipp.gov.

b) An electronic copy shall also simultaneously be submitted to the COR at

TBD and the Contracting Officer at Ramona.L.Hanson@irs.gov

c) Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.

d) Each invoice submitted shall be supported by appropriate documentation.

Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

Electronic Invoicing and Payment Requirements for The Internet Payment Platform (IPP): Internet Payment Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. The preferred method for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing through IPP will be mandatory for all new contract awards. Additional information regarding IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480-8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at

(866) 973-3131.

13.0 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Vendor invoices submitted electronically through IPP should be in the proper format and contain the required information for payment processing. A “proper invoice” must meet the minimum standards specified in FAR 32.905(b) in order to be approved for payment. Under this contract, the following documents are required to be submitted as an attachment to the invoice:

See above Para 4.0 Deliverables.

14.0 PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, contact the Accounting Services Division at

(304) 480-8000 option 7 or via e-mail at AccountsPayable@bpd.treas.gov

15.0 SECURITY

N/A

16.0 KEY PERSONNEL

The portrait shall be painted by artist Robert A. Anderson and is identified under this contract as “key” personnel. No substitution of key personnel shall be permitted at any level of performance in the execution of the portrait.

17.0 NON-DISCLOSURE AGREEMENT

The contractor shall not release or permit the release of sketches, photographs, or copies of the portrait to the public as it is in progress or after final acceptance without the prior written permission of the Contracting Officer, U.S. Treasury Department. The artist has the right to reserve black and white or color photographs of the portrait for use in his portfolio after the acceptance of the portrait by Treasury.

PART II – CONTRACT CLAUSES

TERMS AND CONDITIONS

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/farsite.html

The following clauses are incorporated by reference:

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Number Title Date

52.202-1 Definitions Jun-20

52.203-3 Gratuities Apr-84

52.204-7 System for Award Management Maintenance Oct-18

52.204-13 System for Award Management Maintenance Oct-18

52.204-16 Commercial and Government Entity Code Maintenance

Aug-20

52.204-17 Ownership or Control of Offeror Aug-20

52.204-18 Commercial and Government Entity Code Maintenance

Aug-20

52.204-19 Incorporation by Reference of Representations and Certifications

Dec-14

52.204-20 Predecessor of Offers Aug-20

52.204-22 Alternative Line Item Proposal Jan-17

52.204-26 Covered Telecommunications Equipment or Services Representations

Oct-20

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations

Nov-15

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law

Feb-16

52.212-4 Contract Terms and Conditions - Commercial Items

Jan 22

52.217-8 Option to Extend Services Nov 99

52.232-8 Discounts for Prompt Payment Feb-02

52.232-39 Unenforceability of Unauthorized Obligations Jun-13

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Nov 21

52.242-15 Stop Work Order Aug-89

52.253-1 Computer Generated Forms Jan-91

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14)

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

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

__ (15)

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

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

__ (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 (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

X (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP

2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

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

__ (30)

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

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

__ (31)

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

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

__ (32)

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

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

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

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

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

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

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

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

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

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial

Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for

Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT

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

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) ( 41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

DTAR 1052.210-70 – Contractor Publicity (Apr 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

DTAR 1052.201-70 – Contracting Officer’s Representative (COR) Designation and Authority (Apr 2015)

(a) The COR is:

TBD

Telephone: TBD E-Mail: TBD

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled ``Disputes.''

DTAR 1052.212-4 – Contract Terms and Conditions—Commercial Items (Deviation 2016- 00001) (Apr 2018)

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements-Unenforceable Clauses paragraphs of this clause,

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (e) of this clause, when any supply or service acquired under this contract is subject to any CSA as defined in DTAP 1002.101, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(iii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iv) Any such language, provision, or clause is deemed to be stricken from the CSA.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements -unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in paragraph (d) of this clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(5) Terms do not limit any other Government rights addressed elsewhere in this contract.

(B) For revision that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are…