47HAA019Q0169_RFQ_-_SOW_Annual_Software_Maintenance_for_GECO_RMS_Licenses.pdf

August 6, 2019

Re: Request for Quotation (RFQ) #47HAA019Q0169

Dear Offeror of Interest:

The General Services Administration has a requirement for Annual Software Maintenance for GECO RMS Licenses. This Request for Quotation (RFQ) is prepared in accordance with FAR PART 13.106- 1(b). You are hereby invited to submit a quotation in response to this notice. If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions that follow.

Your firm is requested to submit a firm-fixed price to provide the products outlined in the SOW/Product Table herein. Discounts are encouraged. In responding to this RFQ, it is the contractor’s responsibility to provide current, relevant, complete and accurate information in their quotation. Please submit a quote via email to roger.mckinnis@gsa.gov, no later than August 13, 2019. Your email subject line shall begin with FBO RFQ#47HAA019Q0169. Quotes must be received by 12:00 PM Eastern Standard Time.

Questions concerning this requirement should be directed to me via email at roger.mckinnis@gsa.gov no later than August 9, 2019 at 10:00 AM EST. On behalf of the U.S. Government, thank you for your participation.

Roger McKinnis Contract Specialist Acquisition Operations Division U.S. General Services Administration 1800 F St, NW Washington, DC 20407

(202) 969-7565 roger.mckinnis@gsa.gov mailto:roger.mckinnis@gsa.gov

REQUEST FOR QUOATION (RFQ)

RFQ # 47HAA019Q0169

In support of:

Office of the Chief Information Officer (OCIO)

Issued by:

General Services Administration

Office of Internal Acquisition

1800 F ST NW

Washington, DC 20405

DATE: August 6, 2019

U.S. General Services Administration (GSA)

Office of the Chief Information Officer (OCIO) Statement of Work (SOW)

Annual Software Maintenance for GECO RMS Licenses

1.0 Introduction

This requirement is being solicited under Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Items and Part 13 – Simplified Acquisition Procedures. The resultant purchase order will be Firm-Fixed Price. The North American Industry Classification Code NAICS is 541519.

2.0 Background

The General Services Administration (GSA), Office of the FAS General Supplies and Services (GSS) Business Operations Division intends to procure Microsoft Retail Management Systems (RMS) annual software maintenance for the GECO 2/Store Portal (herein referred to as G2/SP) application currently in production. The need is to procure annual software maintenance so that GSA Supplies and Services (GSS) has technical support should there be an issue with the commercial off-the-shelf Microsoft RMS licensed software. Software maintenance shall be conducted by Microsoft Corporation in Seattle, Washington. The maintenance can be procured from any Microsoft partner; however, historically GSA has been worked with one vendor, Systems Technology Group (STG).

3.0 Objective

To procure RMS annual software maintenance for existing licenses.

4.0 CONTRACT TYPE

Firm-Fixed Price

5.0 SCOPE OF WORK

The General Services Administration (GSA) is seeking to procure annual software maintenance for Microsoft Retail Management System (RMS) used in the GSA GECO application. See table 1 below:

Table 1

Period of Performance: September 12, 2019 to September 11, 2020

Item Part Number Description Quantity Unit

Price Extended

Price

001 EQ20339 Annual Software Maintenance RMS Version

2.0 EQ20339, Serial #5996180 for 36 licenses.

1 Year

002 EQ29327 Annual Software Maintenance RMS Version

2.0 EQ29327, Serial #6577752for 80 licenses.

1 Year

6.0 TECHNICAL REQUIREMENTS

GSA expects to be invoiced for the products licensed above. Services in excess of the current subscription will require the contracting officer’s approval.

6.1 Required Services

GSA requires the GECO RMS license product to be available with no interruption of service.

7.0 PERIOD AND PLACE OF PERFORMANCE

The period of performance shall be from September 12, 2019 – September 11, 2020.

GSA is located at 1800 F Street, NW, Washington, DC 20405.

8.0 PLACE OF DELIVERY

The vendor shall deliver verification of maintenance electronically to the Contracting Officer’s Representative, Jaunice Rufai, at jaunice.rufai@gsa.gov.

8.1 Basis of Acceptance

Acceptance shall be acknowledged by the COR upon receipt of vendor email notifying GSA that the RMS annual maintenance is enforced for the period of performance specified in this SOW.

9.0 GENERAL COMPLIANCE REQUIREMENTS

Section 508

The Vendor(s) shall provide accessibility based on FAR Subpart 39.2 Electronic and Information Technology and Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.794d). All electronic and information technology (EIT) procured through this purchase order must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. The 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended. All deliverables will be Section 508 compliant, and will be reviewed for compliance by the Government which reserves the right to reject the deliverable(s) until remediation of deficiencies has been successfully completed by the Vendor. Complete technical descriptions are provided on the following website: http://www.section508.gov.

Where appropriate, the Vendor(s) shall indicate whether each product or service is compliant or non-compliant with the accessibility standards at 36 CFR 1194. Further, the quote must indicate where full details of the compliance can be found (e.g., vendor’s website or other exact location).

10.0 IT SECURITY POLICIES

The following IT policies shall be adhered to as applicable:

1. Attachment A - CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements

2. Attachment B - CIO 12-2018, IT Policy Requirements Guide

The vendor’s personnel involved with this purchase order are required to review the above-cited IT security policies and ensure compliance throughout the life of this purchase order.

11.0 INVOICING/PAYMENT

Prompt Payment Requirements: Payments will be processed in accordance with FAR Clause 52.212-4(i) Payments as supplemented and deviated from in GSAM Clause 552.212-4.

INVOICES: The Contractor shall submit billings per deliverable in accordance with the Government’s requirements in the SOW.

Submission of Original Invoices:

http://www.section508.gov/

Invoices shall be submitted no later than fifteen calendar days following performance and/or delivery. The invoice must be accompanied by any applicable monthly status reports submitted during that period. The COR and CO shall receive a copy of the invoice and all supporting documentation. This can be done before, but no later than, the same time as invoice submission to the GSA Financial Operations and Disbursement Center.

Invoices are authorized for payment upon the Government’s receipt and acceptance of deliverables specified in the contract and the receipt of a valid invoice. Invoices, to be proper and payable, must include the following information:

1. Name and address of the Contractor, and

2. Invoice date and number, and

3. Contract/Order Number (as listed in Block 4 on Form SF1449) and Pegasys

Document Number (PDN) (GD followed by [PIID Number as listed in Block 4 on Form SF1449]), any Contract Line Item Numbers (CLINs), and the Program/Project Title OCIO/Annual Software Maintenance for GECO RMS Licenses and

4. Description of the services/products provided including CLIN number and description, quantity, unit of measure, unit price and extended price of the item(s) delivered; period of service and/or dates that services were provided, etc., and;

5. Name and address of the contractor’s authorized representative to whom payment is to be sent, and;

6. Name, title, and phone number of the contractor’s PoC to be notified in the event of defective invoice; and

7. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice and ensure the SAM.gov profile for the contractor is complete including the payment remittance address and bank details.

The Contractor shall submit an original invoice for payment to GSA Financial Operations and Disbursement Center.

P.O. Box 419279 Kansas City, MO

Copies of invoices shall be emailed to the designated Contracting Officer Representative (COR) that will be appointed following award of this purchase order.

Copies of invoices shall be emailed to the designated Contract Specialist and Contracting Officer.

Please Note: Failure to send both copies could delay your payment.

When invoicing GSA, ensure all data listed in Items 1-7 above are present on the invoice. All invoices shall be submitted electronically. Password and electronic invoice access is obtained through VCSS, https://vcss.ocfo.gsa.gov.

https://vcss.ocfo.gsa.gov/

For assistance with how to setup electronic invoicing or payment related information, please contact GSA Finance Customer Support (800) 676-3690 or kc-acctspayable.vcss@gsa.gov.

A copy of the invoice must be sent to the COR/Program Office POC, Jaunice Rufai at jaunice.rufai@gsa.gov for approval. A courtesy copy of the invoice must also be sent to the Contract Specialist, Roger McKinnis at roger.mckinnis@gsa.gov and Contracting Officer, Tierra Davis at tierra.davis@gsa.gov for the official contract file.

FINAL INVOICE: The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer and to the Contract Specialist and COR identified as the Government POCs in the SOW.

12.0 CONTRACT ADMINISTRATION

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this purchase order and notwithstanding any clauses contained elsewhere in this purchase order, this authority remains solely with the CO. In the event the Vendor makes any changes at the direction of any other person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. All questions concerning the purchase order will be directed to the CO. The Vendor shall contact the CO with any questions regarding performance issues.

Contract Specialist (CS) Roger McKinnis United States General Services Administration OAS/Office of Internal Acquisition (OIA) 1800 F Street, N.W.

Washington, DC 20405-0001 Office Phone: (202) 969-7565 roger.mckinnis@gsa.gov

Contracting Officer (CO) Tierra S. Davis United States General Services Administration OAS/Office of Internal Acquisition (OIA) 1800 F Street, N.W.

Washington, DC 20405-0001 Office Phone: (202) 260-4701 tierra.davis@gsa.gov

Contracting Officer’s Representative (COR):

mailto:kc-acctspayable.vcss@gsa.gov mailto:kc-acctspayable.vcss@gsa.gov mailto:roger.mckinnis@gsa.gov mailto:tierra.davis@gsa.gov mailto:tierra.davis@gsa.gov

Jaunice Rufai United States General Services Administration Office of the Chief Information Officer (OCIO) 1800 F St. NW Washington, DC 20405 Office Phone: (202) 643-0624 jaunice.rufai@gsa.gov

13.0 QUOTE SUBMISSION AND QUESTIONS

All questions regarding any aspect of this RFQ shall be submitted electronically via e-mail to the Contract Specialist (CS), Roger McKinnis at roger.mckinnis@gsa.gov no later than August 13, 2019 at 12:00 PM EST.

Vendors shall submit quotes electronically via e-mail to roger.mckinnis@gsa.gov.

Quotes are due no later than, August 9, 2019 by 10:00 AM EST.

14.0 CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2 (FEB 1998):

This purchase order incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address: https://www.acquisition.gov.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018)

FAR 52.224-1, Privacy Act Notification (Apr 1984)

FAR 52.224-2, Privacy Act (Apr 1984)

FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems

FAR 52.204-7, System for Award Management (Oct 2018)

FAR 52.204-16, Commercial and Government Entity Code Reporting (July 2016)

FAR 52.204-18, Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.223-5, Pollution Prevention and Right-to-know Information

FAR 52.223-6, Drug-Free Workplace

FAR 52.223-10, Waste Reduction Program

FAR 52.227-14, Rights In Data – General mailto:jaunice.rufai@gsa.gov https://www.acquisition.gov/

FAR 52.232-1, Payments (Apr 1984)

FAR 52.232-8, Discounts for Prompt Payment

FAR 52.232-11, Extras

FAR 52.232-23, Assignment of Claims

CLAUSES INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (May 2019)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

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

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

___ (10) [Reserved]

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

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

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

(ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

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

___ (ii) Alternate I (Nov 2016) of 52.219-9.

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

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

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

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

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

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

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

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

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

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

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

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

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

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

793).

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

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

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

___(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

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

___(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

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

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

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

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

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

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

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

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

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

637(d)(13)).

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

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 (Jan 2019) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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 (Oct 2019) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (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 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 Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (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. (May 2014) (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 (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

14.0 PROVISIONS

52.212-1: Instructions to Offerors – Commercial Items (OCT 2018)

Vendors shall submit a firm-fixed price quote to provide the RMS items outlined in the Statement of Work. Prices should be quoted in a format similar to Table 1.

52. 212-2: Evaluation – Commercial Items (OCT 2014)

The Government will evaluate the vendors’ quote to determine the capacity of the vendor to provide the items outlined in the Statement of Work. Proposed pricing will be evaluated to determine price reasonableness.

52.212-3 Offeror Representations and Certifications—Commercial Items (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

BASIS FOR AWARD

The basis for award will be lowest-priced technically acceptable. The award will be issued to the vendor providing the lowest-priced technically acceptable quote.

Technically acceptable is defined as able to provide all of the requirements outlined in the SOW (specifically, Section 5.0, Table 1).