Revised Amendment 1 Continuation Pages (Alaska).docx

47QSCC22R0021 AMENDMENT 0001 SF 30 CONTINUATION PAGES

a) Please see the Attached decision from the United States Small Business Administration Office of Hearings and Appeals regarding this solicitation.

b) 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 the 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 (NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appears in Section A.5 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) on page 2 in Attachment 2. 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 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 from 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

(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 the 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.

c) 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, Michael.Sheckels@gsa.gov and Nia.hill@gsa.gov by April 20 June 1, 2022 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, Michael.Sheckels@gsa.gov and nia.hill@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 versions. 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 close of business on March 28,May 18, 2022 at 10:00 AM, EST. Please submit questions in the following link: https://docs.google.com/forms/d/1ywZvY2oGz8vkj5kryRJKAr-THCysWIDbikFPrh6puu4/prefill HYPERLINK "https://docs.google.com/forms/d/1ywZvY2oGz8vkj5kryRJKAr-THCysWIDbikFPrh6puu4/edit" \h https://docs.google.com/forms/d/1ywZvY2oGz8vkj5kryRJKAr-THCysWIDbikFPrh6puu4/edit Questions received and GSA’s responses will be posted to www.fbo.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 inquiries 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: 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 financial 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 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 included 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. Any offeror not registered as a small business under NAICS code 493190 in SAM will be determined non-responsive and removed from consideration.

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 Attachment 2 Performance Work Statement 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 the manufacturing part number and NSN for each item in Attachment 3 that conforms to the NSN descriptions in Attachment 6. 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 Alaska within 3 business days (7-10 business days for the ISC Kodiak Coast Guard Base on Kodiak Island and locations on the west coast of Alaska) 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 ActBuy American Act (BAATAA), 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; and

· Receive, store, and outbound movement of product.

d. Provide a description of, and documentation verifying, that the contractor has/will have warehouse(s) upon contract award in Alaska. This should also demonstrate the contractor's 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 (7-10 business days for the ISC Kodiak Coast Guard Base on Kodiak Island and locations on the west coast of Alaska) of receipt of the Delivery Order;

· Can meet the installation security requirements;

· Will comply with the Jones Act in accordance with 46 U.S.C. § 55102 for all commodities being shipped to Alaska from the United States mainland and US Territories. Commodities being shipped from other locations must comply with FAR 52.247-63 Alternate 1 (Apr 2003) which requires all ocean cargo to be shipped on US flag vessels and rated (master) carrier Bills of Lading for each shipment to be reported in a timely manner 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; and

· Ensure that the proposal demonstrates that the contractor shall be responsible for access compliance of each location's 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 5.

j. Provide a Climate Change Risk Management Plan that identifies climate-related risks that could negatively impact performance under this contract as identified in Section XIX in Attachment 2.

e) THE FOLLOWING LANGUAGE UNDER SECTION E.9.5 OF THE SOLICITATION DOCUMENT, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

E.9.5 Instructions for Volume 3 - Phase II Live Test Demonstration

Volume 3 - Phase II Live Test Demonstration will only be requested from those offerors that receive notification by the government that their Phase I Overall Adjective Rating for Volumes 1 and 2 are “Acceptable” or higher. If a proposal receives an “Unacceptable” rating under Factor 1, 2, or a “Low Confidence” rating under Factor 3,or receives a “Not Relevant/No Confidence” rating for Factor 4, the proposal will be considered unawardable and removed from consideration. The date and time when Volume 3 is due to the government will be provided in writing by the GSA CO at the time offerors are notified of their standing after the Phase I evaluation.

Offerors shall submit an electronic copy of Volume 3 in the format indicated under the section Proposal Submission Requirement of the solicitation. Blank tabbed pages are not included in the page limitations.

CONTENT: Offerors shall provide content in accordance with section E.6.1 General Instructions. An outline of Volume 3 is required. Volume 3 should include a description on how its e-portal will allow the government to view purchase order numbers, requisition numbers, delivery status, current stock levels, and information on commodities such as country of origin, AbilityOne, UNICOR and Berry Amendment compliance. Failure to fully address Volume 3 may render the proposal non-responsive and may be removed from further consideration.

PAGE LIMITATION: Volume 3 is limited to 10 numbered pages. The government will only evaluate the first 10 numbered pages of the volume and any additional pages will not be evaluated.

The government will set up the Volume 3 one-hour live demonstration for those offerors that receive notification by the government that their Proposal is moving on to Phase II of the evaluation.

Live Test Demonstration (LTD) The proposal must demonstrate that the contractor has an e-portal, and will provide GSA and its customers access to the e-portal, which will serve as a mechanism to view current, up to date information on all shipments including the requisition numbers, purchase order number and delivery status. Through this e-portal the contractor must also provide current, up to the date stock levels as well as additional information on all commodities such as the country of origin and whether the items are AbilityOne, UNICOR, TAABAA, and/or Berry Amendment requirement, including documentation on the portal illustrating compliance on every shipment.. The portal must be able to provide live tracking of orders, including shipments traveling by ocean freighter to Alaska to stock the warehouse. Offerors must demonstrate how the e-portal will be labeled as GSA and will be in compliance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). In the e-portal, the offeror must demonstrate how they would provide tracking for items throughout the entire delivery process including when the commodities are traveling by land, air or sea.

Offeror Responses Required for each Proposal Submission Option as part of Volume 3 – Phase II Live Demonstration

f) THE FOLLOWING LANGUAGE UNDER ATTACHMENT 1, IS HEREBY CHANGED WITH THE FOLLOWING TRACKED CHANGES:

I. FAR CLAUSES INCORPORATED BY REFERENCE

WHISTLEBLOWER RIGHTS (JUN 2020)

CHANGES (JUNE 2007)

II. FAR CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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 products or commercial services, 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.

52.216-19 - ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____$0.00________ ,the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of N/A;

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __N/A___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 - INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 5, 2025.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ITEMS (JAN 2022)

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

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

__X___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__X___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

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

__X___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

__X___ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__X___ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

__X___ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X___ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

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

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

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

__X___ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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

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

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

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

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

__X___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

__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…