11 - Security and Protection_Category_Attachment_Sol_47QSMD20R0001_Amd_0.pdf

Category Attachment Code : J

Title : Security and Protection

Solicitation Number : 47QSMD20R0001

Refresh Number : 0000

Created on September 30, 2019

Security and Protection Category Instructions and Regulations

Instructions:

All offerors must follow evaluation criteria and instructions outlined in the MAS solicitation, including in SCP-FSS-001. The Security and Protection category attachment outlines additional evaluation criteria, requirements and information specific to this category only. For a list of required Schedule templates and attachments, please visit www.gsa.gov/mascategoryrequirements For additional guidance and information for Schedule buyers and sellers, please visit our general guidance page at www.gsa.gov/schedules.

Regulation Number Regulation Title/Comments

52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT

CERTIFICATION (MAY 2014)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-1 STATE AND LOCAL TAXES (APR 1984)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) (ALTERNATE I - NOV 2011)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR CERTAIN SERVICES - CERTIFICATION (MAY 2014)

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

552.238-105 DELIVERIES BEYOND THE CONTRACTUAL PERIOD - PLACING OF ORDERS (MAY 2019)

552.238-107 TRAFFIC RELEASE (SUPPLIES) (MAY 2019)

552.238-115 SPECIAL ORDERING PROCEDURES FOR THE ACQUISITION OF ORDER-LEVEL MATERIALS

(MAY 2019)

552.238-86 DELIVERY SCHEDULE (MAY 2019)

552.238-89 DELIVERIES TO THE U.S. POSTAL SERVICE (MAY 2019)

552.238-90 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2019)

552.238-91 MARKING AND DOCUMENTATION REQUIREMENTS FOR SHIPPING (MAY 2019)

552.238-92 VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAY 2019)

552.238-93 ORDER ACKNOWLEDGMENT (MAY 2019)

552.238-94 ACCELERATED DELIVERY REQUIREMENTS (MAY 2019)

552.238-95 SEPARATE CHARGE FOR PERFORMANCE ORIENTED PACKAGING (POP) (MAY 2019)

Subcategory Instructions and Regulations

J01. Marine and Harbor Subcategory

SIN 561621H Harbor/Waterfront Security Products and Services and Professional

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 1 of 29 http://www.gsa.gov/mascategoryrequirements http://www.gsa.gov/schedules

Marine Security Services 561621H Includes all types of harbor and waterfront security products, such as specialized surveillance equipment, professional marine security services, and training related to harbor/waterfront/marine security.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 1940 Maximum Order : $300,000

NAICS

Number Description Business Size 561621 Security Systems Services (except Locksmiths) $22 million

J02. Protective Equipment Subcategory

SIN 3FIRE Fire Management Equipment

3FIRE Includes items required to manage fires, such as fire extinguishers, suppressants, pumps, portable tanks, retardant, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 4210 Maximum Order : $250,000

NAICS

Number Description Business Size 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing 500 employees 339999 All Other Miscellaneous Manufacturing 500 employees

SIN 332216 Law Enforcement, Firefighting and Rescue Tools, Equipment and Accessories 332216 Includes firefighting and rescue equipment, such as jaws, cutters, axes, shovels, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 5120 Maximum Order : $250,000

NAICS

Number Description Business Size 332216 Saw Blade and Handtool Manufacturing 750 employees

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 2 of 29

SIN 332312F Flood Control

332312F Includes all products and services related to flood control, such as sandbagging equipment, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 4210 Maximum Order : $250,000

NAICS

Number Description Business Size 332312 Fabricated Structural Metal Manufacturing 500 employees

SIN 332994 Burning Equipment

332994 Includes all burning equipment, such as flame throwers, drip torches, aerial ignition equipment, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 1095 Maximum Order : $250,000

NAICS

Number Description Business Size 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing 1000 employees

SIN 332999 Law Enforcement Personal Equipment

332999 Includes all personal equipment related to law enforcement, such as restraints, duty belts, flashlights, weapon scopes, gas masks, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 8465 Maximum Order : $250,000

NAICS

Number Description Business Size 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 750 employees

SIN 332999S Safes, Vault Systems, and Security Products

332999S Includes safes, vaults, and security products, such as interior components, vault door accessories, utility lockers, etc.

Page: 3 of 29

Cooperative Purchasing: No Set Aside: No FSC/PSC Code : 7110 Maximum Order : $250,000

NAICS

Number Description Business Size 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 750 employees

SIN 333314NV Night Vision Equipment

333314NV Includes night vision equipment, such as cameras with night vision, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 5855 Maximum Order : $250,000

NAICS

Number Description Business Size 333314 Optical Instrument and Lens Manufacturing 500 employees

SIN 334220 Surveillance Systems, Wearable Body Cameras, and Vehicular Video

334220 Includes surveillance systems, wearable body cameras, and vehicle videos, including video storage and services as part of a total solution.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 5820 Maximum Order : $250,000

NAICS

Number Description Business Size 334220 Radio and Television Broadcasting and Wireless Communications Equipment

Manufacturing 1250 employees

SIN 334519 Bomb and Hazardous Material Disposal; Metal and Bomb Detection

334519 Includes products necessary for bomb and hazardous material disposal, including protective and detective equipment.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes

Page: 4 of 29

FSC/PSC Code : 3690 Maximum Order : $250,000

NAICS

Number Description Business Size 334519 Other Measuring and Controlling Device Manufacturing 500 employees

SIN 336320 Vehicle Signal and Restraint System

336320 Includes vehicle signal and restraint systems, such as vehicular emergency signals, sirens, spot and flood lights, beacon warning devices, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6350 Maximum Order : $250,000

NAICS

Number Description Business Size 336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing 1000 employees

SIN 336413 Aircraft Armoring and Helicopter Equipment

336413 Includes aircraft armoring and helicopter equipment, including items used for firefighting, search, and rescue.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 2540 Maximum Order : $250,000

NAICS

Number Description Business Size 336413 Other Aircraft Part and Auxiliary Equipment Manufacturing 1250 employees

SIN 336992 Non-Tactical Armored Vehicles and Vehicle Armoring Services

336992 Includes armored vehicles (excluding patrol cars) used strictly for law enforcement or security purposes, and any miscellaneous armoring products and services.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 2540

Page: 5 of 29

Maximum Order : $850,000

NAICS

Number Description Business Size 336992 Military Armored Vehicle, Tank and Tank Component Manufacturing 1500 employees

SIN Level Regulations:

Regulation Number Regulation Title/Comments

52.208-4 VEHICLE LEASE PAYMENTS (APR 1984)

52.208-5 CONDITION OF LEASED VEHICLES (APR 1984)

52.208-6 MARKING OF LEASED VEHICLES (APR 1984)

52.208-7 TAGGING OF LEASED VEHICLES (MAY 1986)

SIN 337215 Firearm Care

337215 Includes all products and services related to firearm care, including storage, securing, cleaning, bullet recovery, vaults, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 7125 Maximum Order : $250,000

NAICS

Number Description Business Size 337215 Showcase, Partition, Shelving, and Locker Manufacturing 500 employees

SIN 339920 Target Systems/Target Range Accessories

339920 Includes target systems and target range accessories, such as protective lenses, shooters gloves, hearing protection devices. etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6920 Maximum Order : $250,000

NAICS

Number Description Business Size 339920 Sporting and Athletic Goods Manufacturing 750 employees

J03. Security Animals and Related Services Subcategory

Page: 6 of 29

SIN 812910 Canine Training, Handling, and Caging Products and Services

812910 Includes canine training and handling equipment, canine search and detection, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 8465 Maximum Order : $250,000

NAICS

Number Description Business Size 812910 Pet Care (except Veterinary) Services $8 million

J04. Security Services Subcategory

SIN 334118 Personal & Document Identification Systems

334118 Includes personal and document identification systems, such as eye, face, palm, fingerprint, and voice recognition systems. These systems may include, but are not limited to, photo identification cameras, embossed card systems, and smart card technology.

NOTE: public (private) key infrastructure (PKI) is excluded.

Cooperative Purchasing: No Set Aside: No FSC/PSC Code : 7050 Maximum Order : $350,000

NAICS

Number Description Business Size 334118 Computer Terminal and Other Computer Peripheral Equipment Manufacturing 1000 employees

SIN 541330L Security System Integration, Design, Management, and Life Cycle Support 541330L Includes services involving the security integration/management discipline, which supports security products and systems throughout their lifecycle. Services may include, but are not limited to: testing, production, fielding, process improvement, disposal, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : R408 Maximum Order : $250,000

NAICS

Number Description Business Size 541330 Engineering Services $16.5 million

Page: 7 of 29

SIN 541330SEC Security System Integration, Design, Management, and Life Cycle Support 541330SEC Includes services related to PACS design, integration, and implementation, and installation/testing. Offerors under this SIN have at least one employee who is CSEIP (Certified System Engineer ICAM PACS) certified and such certification can be verified at IDmanagment.gov.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : R408 Maximum Order : $250,000

NAICS

Number Description Business Size 541330 Engineering Services $16.5 million

SIN 541990L Professional Law Enforcement Services

541990L Includes professional law enforcement services, such as fingerprinting, handwriting analysis, ballistic analysis, forensic artist, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : R425 Maximum Order : $250,000

NAICS

Number Description Business Size 541990 All Other Professional, Scientific and Technical Services $16.5 million

SIN 561612 Protective Service Occupations

561612 Includes protective service occupations to support on-site security operations, such as security guards, alarm monitors, baggage inspectors, corrections and court security officers, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : S206 Maximum Order : $250,000

NAICS

Number Description Business Size 561612 Security Guards and Patrol Services $22 million

Page: 8 of 29

SIN 611430ST Security Training

611430ST Includes all security training related to law enforcement, security, emergency preparedness and/or first responders.

Examples include instructor-led training, web-based training, pre-set courses, training development, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 4230 Maximum Order : $1,000,000

NAICS

Number Description Business Size 611430 Professional and Management Development Training $12 million

J05. Security Systems Subcategory

SIN 334290 Security and Detection Systems

334290 Includes security and detection systems and devices, such as gas detectors, pressure level monitoring, patient/detainee monitoring systems, etc.

NOTE: Excludes vehicular alarms.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6350 Maximum Order : $250,000

NAICS

Number Description Business Size 334290 Other Communications Equipment Manufacturing 750 employees

SIN 334290L Physical Access Control Systems (PACS) - Legacy SIN

334290L Includes physical access control systems (PACS), such as card-controlled access, biometrics, security barriers, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6350 Maximum Order : $250,000

NAICS

Page: 9 of 29

Number Description Business Size 334290 Other Communications Equipment Manufacturing 750 employees

SIN 334290PACS Physical Access Control Systems (PACS) - FIPS 201

334290PACS Includes physical access control systems (PACS), such as card-controlled access, biometrics, security barriers, etc.

NOTE: The GSA FIPS 201 Evaluation Program defines product categories for the FIPS 201 APL as required to implement the mandates in OMB Memoranda M-05-24 and M-06-18. For the avoidance of doubt, ONLY THOSE PRODUCTS FOUND

ON THE GSA APL ARE FIPS 201 COMPLIANT.

All approved products can be found on the APL (Approved Products List) at idmanagement.gov.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6350 Maximum Order : $250,000

NAICS

Number Description Business Size 334290 Other Communications Equipment Manufacturing 750 employees

J06. Testing Equipment Subcategory

SIN 325412 Criminal Investigative Equipment and Supplies

325412 Includes products necessary for criminal investigations, such as evidence collection supplies, fingerprinting, polygraphs, evidence collection containers, etc.

NOTE: Subject to Cooperative Purchasing

Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code : 6550 Maximum Order : $250,000

NAICS

Number Description Business Size 325412 Pharmaceutical Preparation Manufacturing 1250 employees

SIN 339999E Evidence Collection and Investigative Equipment and Supplies

339999E Includes evidence collection and investigative equipment, such as supplies for finger/palm printing, forensic investigation, lie detectors, evidence collection containers, etc.

NOTE: Subject to Cooperative Purchasing

Page: 10 of 29

Cooperative Purchasing: Yes

FSC/PSC Code : 7520 Maximum Order : $250,000

NAICS

Number Description Business Size 339999 All Other Miscellaneous Manufacturing 500 employees

Page: 11 of 29

Full Text Regulations:

Begin Regulation

52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE

CONTRACT LABOR STANDARDS TO CONTRACTS FOR

MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN

EQUIPMENT CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

CERTIFICATION

The offeror ______ does ______ does not certify that--

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute —

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 12 of 29

../Subpart%2022_10.html%23wp1105165 ../52_222.html%23wp1155380

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision--

(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, will not be included in any resultant contract awarded to this offeror;

and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

Begin Regulation

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

(a) The Government may purchase the equipment provided on a lease or rental basis under this contract.

The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.

(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph

(a) of this clause.

(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.

(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be “continuous rental.”

Begin Regulation

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED

PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless –

(1) The product cannot be acquired –

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 13 of 29

../52_222.html%23wp1155380

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall –

(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30;

(2) Submit this report no later than –

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

Begin Regulation

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective—

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

Begin Regulation

52.229-1 STATE AND LOCAL TAXES (APR 1984)

Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 14 of 29 http://www.biopreferred.gov/ furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the contract price, and the Government agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption.

Begin Regulation

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(NOV 2011) (ALTERNATE II — NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to —

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns and Federal Prison Industries, Inc.

(FPI). Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to either a small business concern or

FPI.

(d) Agreement.

A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

Begin Regulation

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2) —

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee” —

(1) (i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 15 of 29 http://uscode.house.gov/

(Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8),

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2) (i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall —

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 16 of 29

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

Page: 17 of 29

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2) (i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee’s time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave.

Similarly, only if the Contractor adequately segregates the employee’s time may the Contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall

Page: 18 of 29 permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee’s hours worked, such as because the employee is exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee’s number of daily and weekly hours worked.

(4) (i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee’s child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor’s recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee’s accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to —

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee’s accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

Page: 19 of 29

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee’s finding a replacement worker or the fulfillment of the Contractor’s operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for —

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13.

Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

Begin Regulation

52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE

CONTRACT LABOR STANDARDS TO CONTRACTS FOR

CERTAIN SERVICES--CERTIFICATION (MAY 2014)

(a) The offeror shall check the following certification:

CERTIFICATION

The offeror $vendorInsert1 does $vendorInsert2 does not certify that--

(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

Page: 20 of 29

(2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;

(3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute —

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision--

(1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, will not be included in any resultant contract to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

Begin Regulation

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH

GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS

(JUN 2016)

(a) Definition. As used in this clause —

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 21 of 29

../../Users/GeorgeDStarrett/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/Subpart%2022_10.html%23wp1105165 ../../Users/GeorgeDStarrett/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/52_222.html%23wp1162590 ../../Users/GeorgeDStarrett/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.IE5/52_222.html%23wp1162590

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance,” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as —

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall —

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by —

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after —

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap.

Begin Regulation

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(a) Definitions. As used in this provision —

47QSMD20R0001 Refresh: 0000 Category: J Security and Protection

Page: 22 of 29 http://www.epa.gov/snap/ www.sam.gov http://www.epa.gov/snap http://www.epa.gov/snap

Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except —

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly —

(1) ______ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ______ Outside the United States.

Begin Regulation

552.238-105 DELIVERIES BEYOND THE CONTRACTUAL PERIOD

- PLACING OF ORDERS (MAY 2019)

In accordance with Clause 552.238-113, Scope of Contract (Eligible Ordering Activities), this contract covers all requirements that may be ordered, as distinguished from delivered during the contract term. This is for the purpose of providing continuity of supply or operations by permitting ordering activities to place orders as requirements arise in the normal course of operations.