RFP_47QMCA19R0001_Auction_&_Marshalling_11_05_2019.pdf

Federal Acquisition Service

November 5, 2019

Dear Prospective Offeror:

The General Services Administration (GSA) appreciates your interest in Solicitation Number 47QMCA19R0001 for Auction Support Services and/or Marshalling Support Services for a base period of one year, with four (4) one-year option periods.

This solicitation is targeted to both vehicle auction houses and vehicle service facilities that regularly provide auction and/or vehicle preparation services inclusive of some ancillary services as described in the Statement of work. Please pay particular attention to the proposal submission requirements located in Section F.1 and F.2. Pay close attention to the evaluation criteria in Sections G.1 and G.2 to ensure your proposal meets the requirements.

This solicitation is being issued via the Government-wide Point of Entry located via the FedBizOpps site at www.fbo.gov. In order to conduct this acquisition most effectively, all notices and postings will be made at this location. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03 effective June 12, 2019. Please be aware that the solicitation, questions and answers, comments, or any other information will not be disseminated in any other format. Be sure you check the web site regularly for any amendments.

Offerors should propose their best price with their initial offer, as it is GSA’s goal to award without discussions. Note, that substantially incomplete offers will be rejected.

Sincerely, Jeffrey M. Meyers

Jeffrey M. Meyers, CPCM Contracting Officer Fleet Acquisition Branch (QMAAC)

Contents

SECTION A – GENERAL

A.1 ADDITIONAL INFORMATION FOR STANDARD FORM 1449

A.2 SOLICITATION INFORMATION

A.3 REQUESTS FOR EXPLANATION OR INFORMATION

A.4 CP-FSS-4-A SOLICITATION COPIES (MAR 1996)

A.5 F-FSS-290 DELIVERY HOURS (APR 1984)

SECTION B – SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

B.2 HISTORICAL SALES

B.3 ESTIMATED QUANTITIES

B.4 PRICING ASSUMPTIONS

SECTION C – ADDITIONAL REQUIREMENTS

C.1 STATEMENT OF WORK

C.2 DELIVERABLES

C.3 GUARANTEED MINIMUM QUANTITY

C.4 MAXIMUM QUANTITY

C.5 OPEN SEASONS

SECTION D – SOLICITATION CLAUSES

D.1 52.203-6 Restrictions on Subcontractor Sales to the Government ALT I (Oct 1995)

D.2 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

D.3 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

D.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)

D.5 52.216-18 Ordering (Oct 1995)

D.6 52.216-19 Order Limitations (Oct 1995)

D.7 52.216-22 Indefinite Quantity (Oct 1995)

D.8 52.217-8 Option to Extend Services (Nov 1999)

D.9 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

D.10 52.219-7 Notice of Partial Small Business Set-Aside (June 2003) (DEVIATION 2014- O0003)

D.11 52.219-9 Small Business Subcontracting Plan ALT II (Aug 2018) (DEVIATIONS 2018- O0018, and 2019-O0005)

D.12 52.219-14 Limitations on Subcontracting (Jan 2017) (DEVIATION 2019-O0003)

D.13 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

D.14 52.223-3 Hazardous Material Identification and Material Safety Data ALT I (JUL 1995)

D.15 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (Aug 2018)

D.16 52.223-19 Compliance With Environmental Management Systems (May 2011)

D.17 52.224-1 Privacy Act Notification (Apr 1984)

D.18 52.224-2 Privacy Act (Apr 1984)

D.19 52.228-10 Vehicular and General Public Liability Insurance (Apr 1984)

D.20 52.247-21 Contractor Liability for Personal Injury and/or Property Damage (Apr 1984)

D.21 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods (Apr 1984)

D.22 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

D.23 52.252-6 Authorized Deviations in Clauses (Apr 1984)

D.24 52.253-1 Computer Generated Forms (Jan 1991)

D.25 552.204-70 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

D.26 552.211-88 Vehicle Export Preparation (Jan 2010)

D.27 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (May 2019)

D.28 552.212-72 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items (May 2019) .. 42

D.29 552.216-71 Economic Price Adjustment—Special Order Program Contracts ALT I (Aug 2010)

D.30 552.216-72 Placement of Orders ALT I (Aug 2010)

D.31 552.232-25 Prompt Payment (Nov 2009) (Deviation FAR 52.232-25)

D.32 552.232-77 Payment By Government Charge Card (Nov 2009) (a) Definitions

D. 33 552.252-6 Authorized Deviations in Clauses Deviation FAR 52.252-6) (Sep 1999)

D. 34 G-FSS-900-A............ CONTACT FOR CONTRACT ADMINISTRATION (JAN 1994)

D. 35 G-FSS-914-B ........ CONTRACTOR’S REMITTANCE (PAYMENT) ADDRESS (SEP

1996) 49

D.36 I-FSS-100-A SCOPE OF CONTRACT (OCT 1997)

D. 37 I-FSS-965 INTERPRETATION OF CONTRACT REQUIREMENTS (APR 1984) ... 52

D. 38 K-FSS-1 AUTHORIZED NEGOTIATORS (MAR 1998)

SECTION E – SOLICITATION PROVISIONS

E.1 52.203-2 Certificate of Independent Price Determination (Apr 1985)

E.2 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

E.3 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

E.4 52.204-17 Ownership or Control of Offeror (July 2016)

E.5 52.204-20 Predecessor of Offeror (July 2016)

E.6 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

E.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)………………

E.8 52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018) ... 58

E.9 52.215-6 Place of Performance (Oct 1997)

E.10 52.216-1 Type of Contract (Apr 1984)

E. 11 52.223-1 Biobased Product Certification (May 2012)

E. 12 52.233-2 Service of Protest (Sep 2006)

E.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.14 Authorized Deviations in Provisions (Apr 1984)

E.15 552.216-74 GSA Task-Order and Delivery-Order Ombudsman (Jan 2017)

E.16 552.217-71 Notice Regarding Option(s) (Nov 1992)

SECTION F – INSTRUCTIONS TO OFFERORS

F.1 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018) (DEVIATION 2018- O0018)

F.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS 1. IMPORTANT NOTICES

F.3 PRE-PROPOSAL CONFERENCE

SECTION G – EVALUATION

G.1 52.212-2 Evaluation -- Commercial Items (Oct 2014)

G.2 ADJECTIVAL RATINGS

G.3 METHOD OF AWARD

SECTION H – ORDER PLACEMENT H.1 Task Order Issuance:

H.2 ATTACHMENTS

SECTION A – GENERAL

A.1 ADDITIONAL INFORMATION FOR STANDARD FORM 1449

Hard copy proposals will not be accepted. Offerors must submit electronic versions of proposals to the following address:

ontheroad@gsa.gov with a copy emailed to jeffrey.meyers@gsa.gov

Emails should have the following in the Subject Line:

“Proposal in response to Solicitation 47QMCA19R0001”

Electronic copies of proposals are due December 20, 2019, at 2:00 pm Eastern Time. Please review 52.212-1 – Instructions to Offerors – Commercial Items (Oct 2018) for information regarding timely electronic proposal submission information. One of the requirements of this solicitation is that you complete and submit the Qualtrics data. OFFERORS MUST REQUEST ACCESS TO QUALTRICS AT https://feedback.gsa.gov/jfe/form/SV_0POgUjWhQ63D0cB and complete and submit the Qualtrics Questions and Pricing Information as a part of their offer.

The email address the offeror provides in the above link will receive a separate unique link for completion of responses to the Qualtrics information.

Failure to submit the Qualtrics information and Pricing Information will result in an incomplete offer which the Government will not consider for award.

The Qualtrics link provided can only accommodate 10 locations/sites. If an offeror is proposing more than 10 locations/sites they must repeat the above steps again to receive a second unique link to complete a second set of Qualtrics information for the additional sites (from 11 to 20 sites), etc.

For example, if the Offeror is offering 25 locations/sites, they will need to fill out the Registration form 3 times to receive 3 links to the RFP submission form by email. The Offeror will then input the first 10 locations using the first form, the next 10 using the second form, and finally the remaining 5 using the third form.

Offerors must request the Qualtrics from GSA at the above URL no later than December16, 2019 at 4:00 PM Eastern Time. Note: It may take one business day after submission of your request for Qualtrics to receive your unique link. If the offeror is unable to download the Qualtrics, please email remarketing.contracting@gsa.gov with contact information including name, phone number, and email address and someone will contact you within one business day. Failure to complete the Qualtrics information and click the ‘submit’ button timely will result in your firm’s offer being rejected. Qualtrics information must be received no later than December 19, 2019, at 1:00 PM Eastern Time.

Do not print out and submit the Qualtrics as part of the response documents sent to ontheroad@gsa.gov – it must be submitted electronically via the Qualtrics system and will be married up with the rest of the proposal by GSA. QUALTRICS INFORMATION, PRICING AND THE

ADDITIONAL INFORMATION IDENTIFIED IN THE SOLICITATION CONSTITUTE A VALID

PROPOSAL AND ARE REQUIRED TO BE RECEIVED BY THE GOVERNMENT BY THE DUE

DATE AND TIME SPECIFIED IN THE SOLICITATION.

Complete electronic file formatting instructions are located in Section F.1.

A.2 SOLICITATION INFORMATION

FSC GROUP: R -- Professional, administrative, and management support services

SERVICE: Sales Preparation and Marshalling of Motor Vehicles

NAICS: 425120

PERIOD OF PERFORMANCE: The period of performance for the IDIQs is expected to be a one (1) year base period with four (4), one (1) year option periods. The period of performance of the task orders will be identified at the time of award.

A.3 REQUESTS FOR EXPLANATION OR INFORMATION

Written requests for explanation or information regarding this solicitation should be sent via email with the subject line:

“Solicitation 47QMCA19R0001 Auction and Marshalling Services Questions”

Questions must be sent to ontheroad@gsa.gov with a copy to jeffrey.meyers@gsa.gov and must be received by 2:00 PM eastern time on November 20, 2019. GSA reserves the right to not answer all questions.

A.4 CP-FSS-4-A SOLICITATION COPIES (MAR 1996)

In order to conduct this procurement most effectively and at the lowest costs, all information – including the solicitation, solicitation amendments, and any comments – will be posted only via the Internet at: http://www.fbo.gov.

A.5 F-FSS-290 DELIVERY HOURS (APR 1984)

Where prices are quoted and accepted on a destination basis, delivery shall be performed between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, Federal holidays excluded.

SECTION B – SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

The Schedule of Items is shown below and more information for each item can be found in Attachment E – Auction and Marshalling Statement of Work (SOW). Pricing must be submitted in Qualtrics for the Contract Line Item Numbers (CLINs) being offered. Attachment B of the SOW provides an index of Mandatory or Optional CLINs based upon services to be offered.

Qualtrics allows the offeror to provide pricing for the appropriate CLINs based upon the services the offeror is proposing.

TIER I - Auction Support Services

CLIN 0001 Auction Support Services o 0001A Group I vehicles, Type 1 and Type 2 vehicles o 0001B Group II vehicles, Type 1 and Type 2 vehicles o 0001C Optional Marketing Services

CLIN 0002 Concurrent Live Broadcast Services Group I and Group II - Type 1 and Type 2 vehicles

TIER II - Static Internet Sales

CLIN 0003 Static Internet Sales Group I and Group II - Type 1 and Type 2 vehicles o 0003AA Public Internet Auctions (Vehicle Sold) o 0003AB Public Internet Auctions (Listed Not Sold) o 0003BA Closed Internet Auctions (Vehicle Sold) o 0003BB Closed Internet Auctions (Listed Not Sold)

TIER III - Marshalling Support Services

CLIN 0004 Marshalling Services - Group I and Group II, Type 1 and Type 2 vehicles o 0004A new/additional vehicle Marshalling - Consignee Delivery o 0004B new/additional vehicle - Dealer Delivery o 0004C exchange vehicle marshalling o 0004D reassignment vehicle marshalling o 0004E new vehicle marshalling - Consignee Delivery with exchange vehicle

(pair) o 0004F new vehicle marshalling - Dealer Delivery with exchange vehicle (pair)

CLIN 0005 Telematics - Group I, Type 1 and Type 2 vehicles CLIN 0006 Fueling - Group I and Group II, Type 1 and Type 2 vehicles CLIN 0007 Custodial Marshaller Sales Preparation - Group I and Group II, Type 1 and Type 2 vehicles

TIER IV - General Support Services

CLIN 0008 Shuttle Services - Group I, Type 1 and Type 2 vehicles CLIN 0009 Transportation o Fixed Price Per Vehicle, within 50 road mile distance, Drive-away Method (Group I Operable Vehicles) 0009AA Group I - Type 1 vehicles 0009AB Group I - Type 2 vehicles o Fixed Price Per Mile, Per Vehicle, Beyond 50 road mile distance Drive-Away Method (Group I Operable Vehicles) 0009BA Group I Type 1 vehicles 0009BB Group I Type 2 vehicles o Fixed Price Per Vehicle, within 50 Road Mile Distance, Carrier Method (Group I Operable Vehicles) 0009CA Group I Type 1 vehicles 0009CB Group I Type 2 vehicles o Per Mile, Per Vehicle, Beyond 50 road mile distance, Carrier Method (Group I Operable Vehicles) 0009DA Group I Type 1 vehicles 0009DB Group I Type 2 vehicles o Fixed Price Per Vehicle, within 50 road mile distance, Carrier Method (Group II Salvage/Inoperable Vehicles) 0009EA Group II Type 1 vehicles 0009EB Group II Type 2 vehicles o Fixed Price Per Mile, Per Vehicle, Beyond 50 road mile distance, Carrier Method Group (II Salvage/Inoperable Vehicles) 0009FA Group II Type 1 vehicles 0009FB Group II Type 2 vehicles o Ocean Freight - 0009G - Group I, Type 1 and Type 2 vehicles o Over/Undersized/Vehicles with Special Loading Requirements- 0009H

CLIN 0010 Electronic Inventory Management System (eIMS) o Group I and Group II, Type 1 and Type 2 vehicles

CLIN 0011 License Plate/Fleet Service Card Removal Group I and Group II, Type 1 and Type 2 vehicles o 0011A Remove and return to Department of Justice o 0011B Remove and return to GSA

CLIN 0012 Decommissioning Group I and Group II, Type 1 and Type 2 vehicles o 0012A Decommissioning Mechanical Labor Rate o 0012B Equipment Return o 0012C Equipment Recycling / Destruction (per piece) o 0012D Equipment Recycling / Destruction (cap per vehicle)

CLIN 0013 Maintenance/Repair/Ancillary Vehicle Services Group I and Group II, Type 1 and Type 2 vehicles.

o 0013A Mechanical Labor per hour o 0013B Mitchell 1 Repair Estimating Guide (Percent discount offered) o 0013C Body Labor Rate per hour o 0013D Body Parts ,Mitchell Collision Estimating Manual (Percent discount offered) o 0013E Paintless Dent Removal (PDR) - Per panel o 0013F PDR, labor rate per hour o 0013G Glass Repair, per chip o 0013H Windshield Replacement (inclusive of glass, labor, and molding) o 0013I All Other Glass Replacement Labor per hour o 0013J All Other Glass Replacement Parts, National Auto Glass Specifications

(NAGS) Guide price list (Percent discount offered) o 0013K Non-standard glass not listed in NAGS

CLIN 0014 Reconditioning Services

Wash and Vacuum o 0014AA Group I and Group II, Type 1 vehicles o 0014AB Group I and Group II, Type 2 vehicles

Detail o 0014BA Group I, Type 1 vehicles o 0014BB Group I, Type 2 vehicles

Remove Non-Original Equipment Manufacturer (OEM) Decals o 0014CAGroup I and Group II, Type 1 vehicles, per panel o 014CB Group I and Group II, Type 1 vehicles, cap per vehicle o 0014CC Group I and Group II, Type 2 vehicles, per panel o 0014CD Group I and Group II, Type 2 vehicles, cap per vehicle

Removal of Vehicle Wrap o 0014D - Body Labor Rate per hour in CLIN 0011C - Body Labor Rate Per Hour

Group I and Group II, Type 1 and Type 2 vehicles CLIN 0015 Additional Security and Storage (Over 45 calendar days) o 0015A Type 1 vehicles o 0015B Type 2 vehicles

B.2 HISTORICAL SALES

The following chart reflects historical units marshalled or auctioned. The information provided below is not a guarantee of future sales or business levels under any contracts awarded under this solicitation.

B.3 ESTIMATED QUANTITIES

The below chart show total estimated quantities of vehicles to be auctioned or marshalled for Fiscal Year 2021 through Fiscal Year 2025– broken out by year The information provided is only an estimate and is not a guarantee of future sales or business levels under any contracts awarded under this solicitation. The quantities are for all requirements throughout the country to include U.S. Territories.

FY21 FY22 FY23 FY24 FY25

Vehicles to be Auctioned by

GSA

39,474 40,447 44,845 44,668 44,788

Vehicles to be Marshalled New/ Additional Vehicle

Marshalling 35,027 35,728 36,442 37,171 37,915

Exchange Vehicle Marshalling 33,095 33,757 34,432 35,121 35,823

Reassignment Vehicle 6,731 6,866 7,003 7,143 7,286

Total Vehicles Marshalled 74,853 76,350 77,877 79,435 81,023

B.4 PRICING ASSUMPTIONS

Pricing assumptions must be provided via a separate document in the offeror’s proposal. Pricing assumptions must be entitled “Pricing Assumptions: Solicitation 47QMCA19R0001”. Pricing assumptions must be included in Volume 1 of the offeror’s submission.

FY16 FY17 FY18 FY19*

Vehicles Auctioned by GSA 37,474 27,342 28,742 28,303 Vehicles Marshaled

New/ Additional Vehicle Marshalling 37,261 30,172 31,588 33,667

Exchange Vehicle Marshalling 37,474 27,342 28,742 31,810 Reassignment Vehicle 4,022 6,190 8,816 6,470

Total Vehicles Marshalled 78,757 63,704 69,146 71,946 *Projected as FY 2019 not completed

SECTION C – ADDITIONAL REQUIREMENTS

C.1 STATEMENT OF WORK

GSA is seeking Auction and Marshalling Services in support of GSA offices; most notably GSA’s Office of Fleet Management (GSA Fleet) and GSA Property. Attachment E provides the Statement of Work for Auction Services, Marshalling Services, and Support Services tied to Auction and/or Marshalling Services. These services include repair services, transportation services, inventory management services (only for vehicles being auctioned or marshalled – not for the complete GSA fleet of vehicles), and other assorted services. The Service Contract Act does apply and DOL Wage Determinations by locality will apply for any contracts awarded.

Refer to Attachment E for specific requirements under this solicitation.

C.2 DELIVERABLES

In addition to the services purchased, the Statement of Work requires multiple deliverables found in Attachment K – Deliverables.

C.3 GUARANTEED MINIMUM QUANTITY

In accordance with FAR 16.504(a), the quantity limits may be expressed as number of units or as dollar values. The minimum quantity of services that the Government guarantees to order during the period of this contract is $2,500. If at the end of the contract period (base period and any options exercised by the Government) the vendor has not received order(s) for at least $2,500.00, upon request the Government will pay the contractor the guaranteed minimum dollar value. The minimum quantity dollar value is for the entire contract inclusive of options, and not for each line item awarded. No minimum quantity of units is guaranteed.

(a) Request for payment of any amount due under this clause shall be submitted, in writing, to the Contracting Officer within 30 days after the expiration of the contract.

(b) The guaranteed minimum does not apply if the contract is terminated for cause or if the Contractor has not performed in accordance with the terms and conditions of the contract.

C.4 MAXIMUM QUANTITY

The Government anticipates making multiple awards under this acquisition. In accordance with FAR 16.504(a)(4)(ii), the maximum quantity of supplies the Government will acquire under this program is $230 million for all services provided by all contractors combined. Each resultant contract will have its own estimated contract value established. The estimated value for each awarded contract may differ and, based upon actual sales over the contract may be adjusted up or down.

C.5 OPEN SEASONS

GSA may, at its sole discretion, issue one or more open seasons of this solicitation to seek additional competition or sources for services by issuing an updated solicitation into FedBizOps.

Firms awarded contracts under the base solicitation do not need to submit a new offer.

Solicitation, evaluation, and award will follow the same process as the original solicitation.

SECTION D – SOLICITATION CLAUSES

D.1 52.203-6 Restrictions on Subcontractor Sales to the Government ALT I (Oct 1995)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

D.2 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

D.3 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this clause— “Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or

TE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

D.4 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:

Clauses with an ‘X’ beside them are incorporated by reference.

_X_ (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).

_X_ (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).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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.

_X_ (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)).

_X__ (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).

_X_ (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.)

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

_X_ (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).

_X_ (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.

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

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

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

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

5150).

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

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

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

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

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

_X_ (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).

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

637(d)(13)).

_X_ (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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (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).

_X_ (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).

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

_X_ (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.

D.5 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from October 1, 2020 through September 30, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail.