21Q0009 Load Test Rappel Tower and Depot Lifting Equipment.docx

M0026321Q0009

Section B - Supplies or Services and Prices

Load Test of Rappel Tower and Depot Lift

FFP

Annual Load Test of Rappel Tower and Depot Lifting Equipment.

Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI) See Section C - Statement of Objectives (SOO) for additional details FOB: Destination

NET AMT

FFP

Annual Load Test of Rappel Tower and Depot Lifting Equipment.

Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI) See Section C - Statement of Objectives (SOO) for additional detailes

PSC CD: Z1PZ

NET AMT

FFP

Annual Load Test of Rappel Tower and Depot Lifting Equipment.

Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI) See Section C - Statement of Objectives (SOO) for additional detailes

NET AMT

FFP

Annual Load Test of Rappel Tower and Depot Lifting Equipment.

Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI) See Section C - Statement of Objectives (SOO) for additional detailes

NET AMT

FFP

Annual Load Test of Rappel Tower and Depot Lifting Equipment.

Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI) See Section C - Statement of Objectives (SOO) for additional detailes

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF OBJECTIVES (SOO)

STATEMENT OF OBJECTIVES (SOO)

I. Purpose: Perform required annual inspections and load testing on Rappel Tower, Fast Rope Stations, Side Handrails and various weight handling equipment and one fall restraint system aboard MCRD Parris Island, SC (MCRDPI).

II. Scope or Mission: The contractor shall provide all labor, materials, equipment, transportation and supervision necessary to perform inspections and load testing by rigging the stations in order to determine the adequacy of the anchor points on the Rappel Tower, Fast Rope Stations and Handrails Building 4001. This job also inspects and load test two lifting hoists in machine shop building 450, one lifting hoist in building 852 mezzanine area, one lifting hoist at building 866 and one fall restraint system, Miller VI-GO, building 720 aboard MCRD Parris Island, SC 29905

III. Period of Performance; In April of 2021, the first inspection/load test shall be completed. For each option year, inspections and load testing shall be completed in March of each option year. Contract duration shall be one (1) base year with (4) Option years.

IV. Background: Load test the (28) anchor points on the Rappel Tower and Fast Rope Stations in accordance with the prescribed 5,000 Ibs load per OSHA 29 CFR1910.140 (c), ANSI Z359 and 29 CFR1910.140 (c) (13) (i) located at building 4001 aboard MCRDPI. Each one of the eight (8) stations are assigned a letter (i.e. A, B, C, etc) and each anchor point is numbered. The Side Handrails are required to be inspected and load tested in accordance with the prescribed 200 lbs. load per OSHA 29 CFR 1910.29 (b) (3) and 29 CFR 1910.29 (b) (4).

The following drawing represents the marking of each rappel system and anchor point.

Design for system components.

(1) Connectors are drop forged, pressed or formed steel, or made of equivalent materials.

(2) Connectors have a corrosion-resistant finish, and all surfaces and edges are smooth to prevent damage to interfacing parts of the system.

(3) Lanyards and vertical lifelines which tie-off one employee have a minimum breaking strength of 5,000 pounds (22.2 KN).

(4) Self-retracting lifelines and lanyards which automatically limit free fall distance to two feet (0.61 m) or less have components capable of sustaining a minimum static tensile load of 3,000 pounds (13.3 kN)applied to the device with the lifeline or lanyard in the fully extended position.

(5) Self-retracting lifelines and lanyards which do not limit free fall distance to two feet (0.61 m) or less, rip stitch lanyards, and tearing and deforming lanyards are capable of sustaining a minimum tensile load of 5,000 pounds (22.2 kN) applied to the device with the lifeline or lanyard in the fully extended position.

(6) D-rings and snap-hooks are capable of sustaining a minimum tensile load of 5,000 pounds (22.2 kN).

(7) D-rings and snap-hooks are 100 percent proof-tested to a minimum tensile load of 3,600 pounds (16 kN) without cracking, breaking, or taking permanent deformation.

(8) Snap-hooks are sized to be compatible with the member to which they are connected so as to prevent unintentional disengagement of the snap-hook by depression of the snap-hook keeper by the connected member, or are a locking type snap-hook designed and used to prevent disengagement of the snap-hook by the contact of the snap hook keeper by the connected member.

(9) Horizontal lifelines, where used, are designed, and installed as part of a complete personal fall arrest system, which maintains a safety factor of at least two, under the supervision of a qualified person.

(10) Anchorages to which personal fall arrest equipment is attached are capable of supporting at least 5,000 pounds (22.2 kN) per employee attached, and are designed, installed, and used as part of a complete personal fall arrest system which maintains a safety factor of at least two, under the supervision of a qualified person.

(11) Ropes and straps (webbing) used in lanyards, lifelines, and strength components of body belts and body harnesses, are made from synthetic fibers or wire rope.

Load test each (4) load lifting devices to 125 percent of the working load, or as required by Government regulation. The Fall Arrest System (1), Miller VI-GO Fall Restraint System, shall be inspected and tested per established regulations for this type of equipment. This is an annual requirement for safety of personnel.

V. Tasks:

RAPPEL TOWER AND FAST ROPE STATIONS, HANDRAILS:

1. The Contractor shall provide all labor, equipment, materials, transportation, removal of debris off base and supervision necessary to perform load testing to determine the adequacy of the anchor points on the Rappel Tower and Fast Rope Stations, Building 4001 located at Marine Corps Recruit Depot, Parris Island, South Carolina.

1. The Contractor shall perform load testing on the Rappel Tower and Fast Rope Stations system by rigging the stations similar to the method used in training. The Rappel Tower and Fast Rope Stations points shall be tested to determine the adequacy of the (28) anchors points.

1. Perform Test in accordance with the prescribed 5,000 lbs. load per OSHA 29 CFR 1910.140 (c), ANSI Z359 and 29 CFR1910.140 (c) (13) (i).

1. Each anchor point is required to withstand a load of 5000 lbs.

1. Side Handrail, of the Rappel Tower, testing in accordance with the prescribed 200 lbs. load per OSHA 29 CFR 1910.29 (b)(3) and 29 CFR 1910.29 (b)(4).

1. The Contractor shall submit a report of testing by a licensed certified Structural Engineer of each point tested to the Government representative assigned. Report shall be submitted electronically in pdf format within two weeks of testing completion.

RIGGING WHILE IN USE EXAMPLE:

DRAWING OF RAPPEL TOWER ANCHOR POINTS

VI VARIOUS WEIGHT HANDLING EQUIPMENT AND FALL RESTRAINT SYSTEM:

EQUIPMENT AND LOCATION

1. BUILDING 450: Two (2) Lifting Hoist

· 1000 lb. hoist, Machine Shop Loading Dock

· 1000 lb. hoist, Mounted on Monorail Inside Machine Shop

1. BUILDING 852: One (1) Lifting Hoist (Mezzanine Area)

· 500 lb. Lifting Hoist

1. BUILDING 866: INSIDE CARPENTER STORAGE AREA WAREHOUSE

· 2000 lb. Hoist

1. BUILDING 720 (Range Tower)

· Miller VI-Go Fall Restraint System

VII. TASKS:

1. The Contractor shall inspect each of the load lifting devices and weight test each to 125 percent of the working load, or as required by government regulation. The fall restraint system shall be inspected per established regulations for this type of equipment.

1. The Contractor shall provide all weights, slings, baskets, cables, dynamometers and other specialized equipment, transportation, clean up, and certification paperwork.

1. “Note” The Contractor shall verify load capacities, equipment make and model, locations and certification requirements.

1. The Contractor shall submit a report of testing by a licensed certified Structural Engineer of each point tested to the Government representative assigned. Report shall be submitted electronically in pdf format within two weeks of testing completion.

1. Clean up and disposal (off base) of all debris generated from accomplishment of job.

1. Contractor shall contact the Facilities Support Contract Manager (Joey Gentile) @228-4587 no less than two weeks prior to start date and the CRS will contact the customer. (Allow two weeks prior for customer also).

VIII. MCRDPI Technical Point of Contact (POC):

Technical POC is not authorized to make any commitments or changes that will affect price, quality, quantity, or any other term or condition of the contract. The Technical POC is the Facilities Support Contract Manager (Joey Gentile) @843-228-4587. The contractor shall contact the Technical POC to establish a start date. The Technical POC will coordinate with each MCRDPI location to support the date and time of inspections.

VIX. Base Access and Hours of Operation:

1. HOURS OF OPERATION

The base hours of operation are 7:30AM to 4:30PM, Monday through Friday

BASE ACCESS

CONTRACTOR ACCESS TO MCRD PARRIS ISLAND, SOUTH CAROLINA

A. INTRODUCTION

The Commanding General (CG), MCRD/ERR PI grants the privilege to gain access to the Depot, conditionally, to those individuals or organizations that meet the minimum qualifications and conform to regulations. CG, MCRD/ERR PI retains the responsibility to suspend or revoke access privileges if necessitated by and action deemed contrary to maintaining good order and discipline aboard this installation. In order to gain access to Marine Corps Recruit Depot, Parris Island (MCRDPI), SC, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access.

All contractor personnel, to include delivery personnel, who perform work on Marine Corps Recruit Depot Parris Island, SC (MCRDPI) for the cited contract must adhere to the Defense Biometric Identification System (DBIDS) process to gain access MCRDPI provided in paragraphs B and C. Individuals operating a vehicle aboard our military installations are required to have a valid, U.S. Driver’s License, registration, and insurance. If an individual has a foreign driver’s license, said individual must also provide a valid Passport. The contractor shall understand and comply with Depot Order 5512.12A Access Control Regulations.

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system replaces RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

B. DBIDS ACCESS

DBIDS credentials is now being issued as of October 1, 2018. If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

· DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

· RAPIDGate/MCESS credentials are still being accepted at Parris Island Depot. An exact termination of RAPIDGate is 31 December 2018.

NEW CONTRACTORS

The contractor shall submit a written request on company letterhead to the Contracting Office listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The format for the letter will be provided by the Contracting Office. In addition to the aforementioned letter, the contractor must also submit a contractor information sheet on each employee. A template for the letter and contractor informational sheet template will be provided upon contract award. The Contracting Office will endorse the request and forward to the Depot Security Manager Office for processing. This information must be provided to the assigned Contract Specialist and/or Contracting Officer for the contract at least two (2) weeks prior to start of the contracts period of performance.

Contractors must do the following in order to obtain a base access card:

-Submit Contractor Application Form and cover sheet to the Contracting Office

- The Contracting Office will send the form to G3 Security

- Once cleared (weekly list sent out), pre-register at DBIDS

· Google DBIDS (1st link)

· https://dbids-global.dmdc.mil/enroll#!/

- Take QR code to PMO for badge

- If cleared with the Air Station, an application still needs to be submitted to Security at Parris Island but we will reciprocate off of their cleared/not cleared for base access.

- New contractors requiring access for over 60 days will receive a credential valid for up to one year.

- New contractors requiring access for less than 60 days will receive a temporary paper pass.

Pending means that there were issues that our office needs to review to determine if the individual will or will not be denied base access.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Security Office at 843-228-4174.

C. Contractor’s Responsibility A criminal background check conducted by the MCRDPI Security Manager’s Office shall be required for all contractor personnel who make frequent visits to or perform work on the MCRDPI cited in the Contract, prior to the start date of the contract. Contractors are required to review any proposed employee prior to submitting their names for the background check. Depot access will be denied if it is determined that the personnel requesting access are within one of the following categories:

1. On the National Terrorist Watch List.

2. Illegally present in the United States.

3. The subject to any outstanding warrant or criminal summons.

4. Has knowingly submitted an employment questionnaire with false or fraudulent information.

5. Has been issued a debarment order and is currently banned from any military installation.

6. A prisoner on work-release program or currently on felony probation/parole.

7. A registered sex offender.

8. Membership within the previous 10 years in any organization that advocated the overthrow of the U.S. Government or affiliated with any active gang.

9. Is pending any felony charges.

10. Has been convicted of a felony within the last ten (10) years.

11. Has multiple (three or more) misdemeanor criminal offenses to include, but not limited to:

a. Drug Offenses

b. Offenses of violence

c. Weapons offenses including those where the weapon was used as either the means of the violence or threat of violence

d. Larceny/theft

12. Any reason the Installation Commander deems reasonable for good order and discipline.

No physical badge will be issued. If a contractor’s proposed employees requiring access meet the required criminal background check, upon entry, each contractor employee must present a valid form of identification (Driver’s License). At the front gate, the Provost Marshall’s Office will screen each contractor employee against MCRDPI Security Manager’s Office listing of approved contractor employees. The operator of the motor vehicle must also provide valid registration and current insurance.

D. ADDITIONAL BASE ACCESS GUIDANCE

1. All vehicles are subject to search

2. No Illegal Drugs

3. Firearms are prohibited

4. Fireworks are prohibited

5. Strictly obey speed limits

6. No Cell Phone use while driving

7. DO NOT enter any training, unauthorized, or restricted areas.

8. Military Police Contact Information

i. Emergency Dial – 911

ii. Non-Emergency Dial – 843.228.3444

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-MAR-2022

SEE SCHEDULE

FOR EXACT LOCATION

PARRIS ISLAND SOUTH CAROLINA 29905

843-228-2632

M00263

31-MAR-2023

M00263

31-MAR-2024

M00263

31-MAR-2025

M00263

31-MAR-2026

M00263

Section G - Contract Administration Data

ECMRA

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Load Test Rappel Tower and Depot Lifting Equipment aboard MCRD Parris Island, via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

1. W, Lease/Rental of Equipment;

1. X, Lease/Rental of Facilities;

1. Y, Construction of Structures and Facilities;

1. D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

1. S, Utilities ONLY;

1. V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address: https://beta.sam.gov

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://beta.sam.gov

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION

G-1.1 Most contract administration functions shall be retained by the Regional Contracting Office, Marine Corps Recruit Depot, Parris Island, South Carolina. Any inquiries pertaining to the administration of performance of this contract should be directed to the Regional Contracting Office.

G-1.2 Invoices and receiving documents shall be submitted through Wide Area Workflow (WAWF) for payment in accordance with DFARS 252.232-7006.

G-2 Contract Correspondence and Inquiries

G-2.1 All correspondence/inquiries shall reference the appropriate Contract Number, and shall be submitted to the email points of contact address:

Regional Contracting Office, Parris Island Marine Corps Recruit Depot Attn: Terrence Wideman Contract Specialist Parris Island, SC 29905 Phone: 843-228-3243 E-mail: terrence.wideman@usmc.mil Regional Contracting Office, Parris Island Marine Corps Recruit Depot Attn: Charles R. Small Contracting Officer Parris Island, SC 29905 Phone: 843-228-2151 E-mail: rodney.c.small@usmc.mil

G-3 Technical Inquiries

G-3.1 Upon contract award, all inquiries that relate to technical issues shall be directed to the contracting office.

G-4 Authority of Government Personnel

G-4.1 Notwithstanding any provisions to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation.

G-4.2 The Contracting Officer is the only person who can legally modify any resulting contract or obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

WAGE DETERMINATION

WD 15-5799 (Rev.-14)

U.S. Department of Labor Wage Determination Number 2015-5799, Revision Number 14 dated 21 December 2020 is hereby incorporated into this contract and any subsequent order.

This Wage Determination can be found at http://www.dol.gov

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

________________________2 in 1____________________________________

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

___________________Destination/Destination_________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

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

Routing Data Table*

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

____________________terrence.wideman@usmc.mil_____________________________________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

252.222-7999

COMBATING RACE AND SEX STEREOTYPING

(DEVIATION 2021-O0001) (NOV 2020)

(a) Definitions. As used in this clause—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

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

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

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

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

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

_X_ (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 (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (JUN 2020) of 52.219-9.

_X_ (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 (MAR 2020) (15 U.S.C. 637(a)(14)).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (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).

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

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

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

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

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

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

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

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

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

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

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

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

_X__ (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).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

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

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

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xv) 52.222-53, Exemption from Application of the Service Contract…