Amendment 1 Continuation Pages (Korea).docx

47QSCC20R0011 AMENDMENT 0001 SF 30 CONTINUATION PAGES

a) THE FOLLOWING LANGUAGE UNDER SECTION E.1 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.1 Solicitation Provisions Incorporated by Full Text

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

(a) Definitions. As used in this provision—

· “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

· “Registered in the System for Award Management (SAM)” means that–

(1) The offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The government has marked the record “Active”.

· “Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) SAM Registration/Unique Entity Identifier

(1) An offeror is required to be registered in SAM when submitting an offer or proposal, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the offeror is registered in the SAM.

(c) If the offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Trade style, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

FAR 52.212-1 Instructions to Offerors—Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appearappears in Section A.5 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) on page 2 in Attachment 2 in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees$30 million.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, email and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, email addresses and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 5:00 P.M., local time, for the designated government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the CO determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the government installation designated for receipt of offers and was under the government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of government personnel.

(4) If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of offers by the exact time specified in the solicitation, and urgent government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(e) Contract award. The government intends to evaluate offers and award a contract without holding discussions. Therefore, the initial offer should contain the best terms from a price and technical standpoint. However, the government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. The government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers timely received.

(f) Unique entity identifier. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the offeror’s name and address. The offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(g) Debriefing. If a post-award debriefing is given to requesting offerors, the government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weakness or deficient factor(s) in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

b) THE FOLLOWING LANGUAGE UNDER SECTION E.6.1 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.6.1 General Instructions

a) Phase I proposal documents (Volumes 1 and 2) shall be submitted electronically via email to Dominic.Lackey@gsa.gov and Michael.Sheckels@gsa.gov by February 285, 2020 at 10:00 AM, EST. All volumes required for the Phase I evaluation must be received timely or the proposal as a whole may be considered late.

b) Phase II proposal documents (Volumes 3 and 4) shall be submitted via email to Dominic.Lackey@gsa.gov and Michael.Sheckels@gsa.gov at a time and date when notified by the CO. Instructions on when to submit proposal volumes under the Phase II evaluation will be provided at the time offerors are notified via email of the outcome of their Phase I evaluation.

c) Offerors shall submit their Phase I and II proposal documents in soft copy electronic version. All documents should be in Microsoft Office 2007 or Adobe Acrobat 9.4 or later, in a searchable format. Electronic proposal documents shall be consolidated by volume. If documents cannot be grouped within one *.zip file and/or one email, offerors may use multiple emails provided they label each email “Email X of X” (ex. “Email 1 of 3”).

d) GSA accepts no responsibility and shall not be held liable for incomplete and/or late proposal submissions due to technical difficulties in transmission of messages and/or documents exceeding the 25MB per email limit. It is recommended that offerors not wait until the last day/hour proposals are due to attempt their proposal submission.

e) Communications and comments concerning the contents of this RFP shall be accepted no later than 10:00 AM on February 7, 2020 in the following link only:

https://docs.google.com/forms/d/1ptaur1mtGtu1ukVqhyOj1dFgEPO6aGsa1ipf-h4D_CY/edit. Questions received and GSA’s responses will be posted to www.beta.sam.gov at regular intervals during the proposal period. Identities of prospective Offerors asking questions will not be disclosed and any proprietary information contained within questions will be redacted. Questions should cite the section, paragraph number and page number in question within the RFP. Statements expressing opinions, sentiments, or conjectures are not considered valid inquires or comments and will not receive a response from GSA. Furthermore, offerors are reminded that GSA will not address hypothetical or scenario-based questions or questions aimed toward receiving potential “evaluation decisions” from GSA.

f) All volumes are to be prepared as separate files. Technical proposals must not contain any pricing information; do not cross-reference material submitted in the technical proposal with the price proposal, and vice versa. Information provided shall be concise, complete, and shall demonstrate a thorough understanding of the requirements as described in Attachment 2 of this solicitation. It is imperative that offerors thoroughly read and understand the Performance Work Statement when preparing and submitting proposals. Proposals that merely restate the government’s requirements or offer to conduct a program in accordance with the government’s requirements without going into further detail will not be considered acceptable and will not receive further consideration. Similarly, over generalizations and phrases such as “standard procedures will be employed” or “well-known techniques will be used” are also not acceptable.

g) Offerors are cautioned that the use of any format other than the one described in this section could result in the evaluation board’s inability to give maximum ratings.

h) When evaluating an offeror’s capability to perform the prospective contract, the government will also consider how well the offeror complied with proposal submission instructions. Offers should contain the contractor’s best terms from a technical and price standpoint.

i) Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for contract award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to submission of the offer

j) The government will not be liable for any costs associated with the development, preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP. The proposal and all materials submitted by the offeror in connection with this RFP shall become the property of the government.

c) THE FOLLOWING LANGUAGE UNDER SECTION E.8 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.8 Instructions for Volume 1-Contract Data

NOTE: Only a single Volume 1 – Contract Data submission is required.

Content: Volume 1 shall include all information listed below

Contents Volume 1 – Contract Data

Contract Data: Tab Specific Notes

· There are no specific notes for Tabs 1 – 4.

· Tab 5: SAM.gov Registration--SAM.gov registration is required to be current/active as of the date/time set forth under section E.6.1 General Instructions. Registration and completion of required representations and certifications should be accomplished at https://www.sam.gov. There is no submission requirement for proof of registration; the GSA CO will verify required information and proof of completion directly fromSAM.gov.

· Tab 6: Joint Venture (JV) Agreement--JVs must be registered as a single entity within SAM.gov and be current/active as of the date/time set forth under section E.6.1 General Instruction.

Tab 7: All offerors listed under NAICS code 493190 as “Other than Small Business”, must include a subcontracting plan Attachment 7 that identifies the subcontractors that the prime contractor anticipates to use if awarded the contract. This plan must also include Letters of Intent/Agreement signed by both the subcontractor and the prime contractor. Each small business listed must be registered in SAM as a small business.

· There are no specific notes for Tab7.

· Tab 8: Organizational Conflict of Interest Disclosure--The CO has determined that potential conflicts of interest, as described in FAR 9.505, may occur in this procurement. Offerors, and any significant subcontractor/team member/consultant, must disclose any known or potential OCI which presently exists or may exist at the time of award. If OCI(s) exist, offeror’s must provide a copy of their firm’s policy and procedures for tracking, reporting, mitigating, neutralizing, and evaluating OCIs. The government shall be the sole determiner of the existence of an OCI in accordance with the principles established under FAR Subpart 9.5- Organizational and Consultant Conflicts of Interest. Failure to disclose a known or potential OCI may be cause for rejection of the proposal. If the information provided or otherwise obtained by the government reveals the presence of a significant OCI which prevents the offeror from being able to perform this contract, the offeror may be eliminated from further consideration for contract award.

· Tab 9: Prospective contractor must provide three years of financials statements, bank statements or loans demonstrating it has sufficient resources to ramp up full inventory within 90 days of contract award and maintain stock levels throughout the life of the contract.

· Tab 10: Ensure mandatory sourcing requirements will be met, including providing a letter from AbilityOne showing the contractor and/or its subcontractors are AbilityOne distributors or has received Pre-Authorization delegation to become a distributor for all items in Attachment 3 that are designated as Mandatory AbilityOne products.

· Tab 11: Ensure mandatory requirements will be met with toner, and provide letters of authorization from manufacturers that show the contractor has authority to sell/resell/provide/distribute toner to the government.

PAGE LIMITATION: There is no page limitation for Volume 1.

Evaluation Factors for Volume 1: Volume 1 will not be evaluated against specific factors and will not receive an adjectival rating, but will be evaluated to determine the offeror’s responsiveness to the solicitation requirements. Volume 1 will also be reviewed for completeness and accuracy. Information include in, or excluded from, Volume 1 (and any other Volume submitted as part of the offeror’s overall Technical or Price Proposal) may be used by the CO to make a determination of contractor responsibility prior to contract award, as required under FAR 9.103.

d) THE FOLLOWING LANGUAGE UNDER SECTION E.9.1 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.9.1 Factor 1 - Technical Excellence In response to this factor, offerors shall provide a clear, concise, and complete narrative that demonstrates the offeror’s operational processes, technical expertise, and electronic capability. Offeror’s must demonstrate their understanding of and ability to successfully accomplish the government’s requirements as stated in the Attachment 2 Performance Work Statement section of the solicitation.

Sub factor 1A: Technical Capability Submission

1) Each proposal must demonstrate the following:

a. Describe the processes used to satisfy the requirements of the solicitation to include procurement of all items in Attachment 3, shipment configuration, transportation, delivery, and all documentation associated with all of these requirements. The proposal must include a part number for each item in Attachment 3 that conforms to the NSN descriptions in Attachment 9. The proposal must discuss the distribution equipment and resources planned to execute the requirement and whether these are owned/leased or contracted arrangements. Proposals shall provide a flowchart of the contractor’s distribution channel, to include all levels of the supply chain, for each item and category of items. For each level, describe all services provided and the associated charges, including sourcing the item through delivery. The proposal must discuss how the contractor will comply with IOC within 90 days of contract award and FOC within 120 days after contract award.

b. Explain the contractor’s plan to deliver all commodities in Attachment 3 to any locations in Korea within 3 business days of receipt of the Delivery Order.

c. Explain how the contractor will monitor suppliers’ compliance with the Domestic Sourcing Restrictions contained in the solicitation, such as: Trade Agreements Act (TAA), AbilityOne, environmental green cleaning products, Preference for Certain Domestic Commodities, Berry Amendment, Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate, Restrictions on Certain Foreign Purchases and Restriction on Acquisition of Hand or Measuring Tools. The proposal must also include a compliance plan detailing how it will:

· Ensure that all products supplied will comply with the source restriction requirements, material component(s), country of origin, and place of manufacture;

· Ensure product quality will be met;

· Ensure timeliness of delivery;

· Receive, store, and out bound movement of product.

d. Provide a description of, and documentation verifying, that the contractor has/will have warehouse(s) upon contract award in Korea. This should also demonstrate the contractors understanding that the warehouse(s) cannot be used for any other purposes but for the support of this effort.

e. Provide a narrative describing how the contractor will comply with the transportation requirements in the solicitation. As stated elsewhere, and throughout this solicitation, the proposal must also include a compliance plan demonstrating how the contractor:

· Will deliver all items within 3 business days of receipt of the Delivery Order;

· Can meet the installation security requirements;

· Will comply with FAR 52.247-64 Alternate I (Apr 2003) and that all containers will be shipped to Korea on US flag vessels to comply with MARAD requirements.

· Acknowledges responsibility for the creation and application of supply and shipping documentation, shipping labels, and package markings meeting customer requirements;

· Acknowledges responsibility for compliance with all dangerous goods/hazardous materials regulations governing shipping, storing, and handling;

· Will engage GSA prior to any shipment made to Korea to ensure it complies with the Status of Forces Agreement (SOFA) as indicated in Attachment 8; and

· Ensure the proposal demonstrates the contractor shall be responsible for access compliance of each locations base access requirements.

f. Provide proof that the contractor will be in compliance with the insurance requirements.

g. Provide a narrative describing the contractor’s existing capabilities related to GSA EDI transaction sets. GSA uses ANSI X12 protocols. Any other desired protocols must be addressed within the proposal.

h. Provide a surge and sustainment capability plan to meet short-term and long-term changes in customer demand as defined in the solicitation.

i. Provide sufficient supporting documentation demonstrating that the contractor will comply with the QASP as identified in Attachment 6.

e) THE FOLLOWING LANGUAGE UNDER SECTION E.9.2 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.9.2 Factor 2– Operational Quality Assurance Offerors shall provide a narrative demonstrating a clear understanding of the staffing requirements and the ability to manage and staff personnel able to provide high-quality, seamless operations. Offerors’ narrative shall provide, at a minimum, the following:

1) A written explanation of qualifications of the technical staff, the supervisor(s), and the workers. Each proposal must identify the location of technical staff, supervisor(s), and workers and also identify key personnel responsible for ensuring quality controls are monitored. The proposal must include résumés for key personnel, who consists of supervisors and technical staff that lead or are in charge of: sourcing the items in Attachment 3; warehouse facility(s); delivery, and EDI compliance; however, the résumés cannot be submitted in lieu of the written explanation of the qualifications of the technical staff, supervisors, and workers.

All offerors listed under NAICS code 493190 as “Other than Small Business”, must include a subcontracting plan Attachment 7 that identifies the subcontractors that the prime contractor anticipates to use if awarded the contract. This plan must also include Letters of Intent/Agreement signed by both the subcontractor and the prime contractor. Each small business listed must be registered in SAM as a small business.

2) Each proposal must demonstrate that the employees assigned to the project(s) can complete the tasks as described in the solicitation.

3) This solicitation is subject to FAR 52.222-41 Contract Labor Standards. The contractor shall demonstrate how all work performed in the United States shall meet the SCA standards.

Sub factor 2A- Operational Structure Offerors shall define its operational structure and include a narrative describing how various organizational components will work together in a coordinated manner to ensure successful accomplishment of the requirements of this solicitation.

Sub factor 2B- Quality Assurance Offerors shall provide a plan that demonstrates their understanding of, and ability to meet, the quality requirements of Attachment 2 Performance Work Statement and Quality Assurance sections of the solicitation. Offerors’ narratives shall address, at a minimum, the following:

1) Items including, but not limited to, those listed in Performance Work Statement and Quality Assurance sections of the solicitation.

2) Means by which the offeror will ensure quality of the products/services provided under any resultant contract.

3) Identify the individuals, by name and job title, who will be responsible for monitoring quality, management review levels, and corrective measures and provide a résumé for each person. Offerors must submit Letters of Commitment from key personnel and/or Contingent Letters of Offer/Acceptance. Résumés and Letters of Commitment or Contingent Letters of Offer/Acceptance must be signed/dated by the individual and offeror. These letters are excluded from the page count under Volume 2.

4) Assessment and/or measurement tool(s) the offeror intends to use to measure success under the categories referenced in the Performance Work Statement and Quality Assurance sections in the solicitation.

5) How the contractor will apply commercial leading practices to improve government processes.

f) THE FOLLOWING LANGUAGE IS HEREBY CHANGED IN ATTACHMENT 1:

FAR Subpart 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Excellense Operational Quality Assurance Experience Past Performance Live Test Demonstration Small Business Participation

Technical Capability Qualifications of Staff Experience Past Performance Price

GSA will evaluate proposals and make an award to the contractor whose proposal represented the best value after an evaluation of the non-price factors and price is completed. The non-price factors, combined, are significantly more important than price. Technical Excellence is the most important factor among the non-price factors. Technical Excellence is more important than Operational Quality Assurance. Operational Quality Assurance is more important than Experience. Experience is more important than Past Performance. Past Performance is more important than the Live Test Demonstration. Live Test Demonstration is more important than Small Business Participation.

Technical conformance is more important than delivery and past performance when combined, and delivery is more important than past performance.

(b) Options.

GSA will separately evaluate option-year pricing at the time of initial award in accordance with FAR Clause 52.217-5 Evaluation of Options. Pricing must include the pricing for the base year and each option year for each item. Any contractor failing to provide pricing for the base year and each option year will be considered non-responsive and removed from further consideration. Option period pricing will be analyzed in accordance with 52.217-5 Evaluation of Options, for reasonableness, to include consideration as to whether prices are unbalanced. An offer may be rejected if the contracting officer determines that a lack of balance poses an unacceptable risk to the government. The six-month extension period, authorized by FAR clause 52.217-8, will be included in the total evaluated price. Evaluation of option periods shall not obligate the government to exercise the options.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

g) THE FOLLOWING LANGUAGE IS HEREBY CHANGED IN ATTACHMENT 1 TO REMOVE THE SMALL BUSINESS SET ASIDE UNDER FAR 52.219-6:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –COMMERCIAL ITEMS (AUG 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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:

__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 (June 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].

__X___ (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).

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

__X___ (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] _ _X___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126).

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

__X___ (28) (i) 52.222-26, Equal Opportunity (Sept 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.

(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). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

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

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

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

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

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

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

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

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

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

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

__X___ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May2014) (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).

(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).

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

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

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

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

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

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

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

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

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

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

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

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May2014) (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 (Oct 2015) (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 2019) (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 $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.

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

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv) (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 and E.O 13627).

(xv) 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).

(xvi) 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).

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

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

h) THE FOLLOWING LANGUAGE UNDER FAR CLAUSES INCORPORATED BY REFERENCE UNDER ATTACHMENT 1, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES TO REMOVE FAR 52-219-6:

FAR CLAUSES INCORPORATED BY REFERENCE

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

AWARDS (OCT 2018).