RFP 6913G623R200003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

6913G6

Cambridge MA 02142-1001 55 Broadway

VOLPE NAT'L TRANSPORTATION SYS CNTR

VOLPE CODE 16. ADMINISTERED BYCODE

X

X

488210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR6913G6

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/23/2023 1600 ET

06/01/2023

(617) 494-2136Rachelle Faiteau (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6913G623R200003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 59 V3352218OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Cambridge MA 02142-1001 55 Broadway USDOT/Volpe Center

15. DELIVER TO

Cambridge MA 02142-1001 55 Broadway

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

VOLPE NAT'L TRANSPORTATION SYS CNTR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 07/24/2023 to 06/30/2024

00100 The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site-visits on Army owned locomotives in accordance with the Statement of Work.

00200 Option 1: The Contractor shall repair, maintain, periodically inspect, and conduct emergency Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

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UNIT

21.

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20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

repair site-visits on Army owned locomotives in accordance with the Statement of Work.

(Option Line Item)

06/30/2024

Period of Performance: 07/01/2024 to 06/30/2025

00300 Option 2: The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site-visits on Army owned locomotives in accordance with the Statement of Work.

(Option Line Item)

06/30/2025

Period of Performance: 07/01/2025 to 06/30/2026

00400 Option 3: The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site-visits on Army owned locomotives in accordance with the Statement of Work.

(Option Line Item)

06/30/2026

Period of Performance: 07/01/2026 to 06/30/2027

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

59 2 of

Request for Proposal No. 6913G623R200003 Periodic Inspection and Repair of Locomotives Support

PART II

Continuation of block 20. Schedule of Supplies/Services

DESCRIPTION: This Request for Proposal (RFP) is issued on an unrestricted basis. The RFP is being conducted in accordance with FAR PART 12‐ Acquisition of Commercial Items in conjunction with FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Products and Commercial Services, and pursuant to FAR Part 16.504‐ Indefinite Quantity Contracts. The applicable North American Industry Classification is 488210, Support activities for rail transportation with a small business size standard of $34M. A single indefinite delivery/indefinite quantity (IDIQ) contract award will result from this RFP.

CONTRACT TYPE: This is an IDIQ task order (TO) type contract. Work will be placed under this contract through the issuance of task orders. The resultant task orders will be issued on a firm fixed price basis, but the Government reserves the right to order Time and Material or Labor Hour task order if determined necessary.

CONTRACT LIMITATIONS: Maximum Contract Value: The value of all task orders placed under this contract is not to exceed $5,000,000.00,if all option contract line items(CLINs) are exercised. The issuance of the first task order shall satisfied the requirements of FAR 16.504.

CONTRACT LINE ITEMS *The Contractor’s proposal in response to this solicitation, Attachment 3‐ Pricing Schedule will be incorporated as a continuation of block 20 at time of award.

CLIN Supplies/Services Est.

Qty.

Unit POP Total Amount

00100 The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site‐visits on Army owned locomotives in accordance with the Statement of Work.

10 JOB Date of award through June 30, 2024

(To be completed at time of contract award)

00200 Option 1: The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site‐visits on Army owned locomotives in accordance with the Statement of Work.

10 JOB July 1, 2024‐ May 31, 2025

(To be completed at time of contract award)

00300 Option 2: The Contractor shall repair, maintain, periodically inspect, and conduct emergency repair site‐visits on Army owned locomotives in accordance with the Statement of Work, Section C.

10 JOB July 1, 2025‐ May 31, 2026

(To be completed at time of contract award)

00400 Option 3: The Contractor shall repair, maintain, periodically inspect, and conduct emergency

10 JOB July 1, 2026‐ May 31, 2027

(To be completed at time of contract repair site‐visits on Army owned locomotives in accordance with the Statement of Work.

award)

1.0 OF WORK

1.0 General

1.1 Introduction

The mission of the U.S. DOT Volpe Center is to improve the nation's transportation system by anticipating emerging issues and advancing technical, operational, and institutional innovations. The Infrastructure Systems and Engineering Technical Center maintains cognizance and promotes technical support in the inspection, maintenance and rehabilitation of the existing and future transportation infrastructure, including vehicles, guideways, and intermodal facilities.

The Infrastructure Engineering and Deployment Division is providing technical support for modernizing the aging fleet of Army locomotives. Utilizing a contracting mechanism, the Volpe Center is improving the reliability and maintainability, and increasing safety for U.S. Army rail operations.

1.2 Objective

Improve safety and the operational capability rate of the Army’s fleet of locomotives. The Army requires expert field service support to repair and maintain locomotives to establish an increasing locomotive operational capability rate. Currently the Army does not have the capability to properly support the fleet of modern ultra‐low emitting locomotives and to provide quick assessments and periodic critical technical support on conventional locomotives. This comes at a critical time for Army Rail as the Headquarters Department of the Army (HQDA) is working to remove from service a portion of the Army’s conventional locomotives from the overall locomotive fleet and heightens the importance that the GenSet locomotives remain in top operating condition and are ready to operate when required.

1.3 Scope of Work

The U.S. Army owns and operates twenty‐nine ultra‐low emitting multi‐engine GenSet locomotives at ten different Army rail installations in the United States. Training, maintenance, and periodic inspections are required to retain operational capability of the locomotive fleet. This contract will provide locomotive repairs, technical support and inspections in support to the Army’s GenSet fleet of locomotives in addition to supporting the Army’s conventional fleet of locomotives by troubleshooting non‐operational units.

1.4 Background

In June 2017 the Volpe Center began technical support to the U.S. Army fleet of GenSet locomotives. This support ended on September 30, 2022. The need for technical locomotive support still exists today.

1.5 Place of Performance

This contract requires specific technical tasks to be performed on the GenSet locomotives at the ten (10) locations in Appendix‐C, and also to provide technical support to any of the additional nineteen (19) locations where the conventional locomotives are located also identified in Appendix‐C.

2.0 Requirements/Tasks

The Contract is designed for one base year support with three option years. The anticipated tasks for the base and contract options are summarized in table‐1 below.

Table 1, Task Summary for Base and Options

Task Base Year Option‐1 Option‐2 Option‐3

1 – Preventive Maintenance yes yes yes yes

2 ‐ Airbrake 7 sets 5 sets 5 sets 5 sets

3 – Lube oil yes no no no

4 ‐ Training yes yes yes yes

5 – Ncompass Support yes yes yes yes

6 ‐ Emergency Support yes yes yes yes

7 – Conventional locomotives yes yes yes yes

8 – Fuel injectors no 3 locomotives 3 locomotives 3 locomotives

2.1 Task One, Preventive Maintenance and Inspections

This task is required for Base contract and all Options. The Contractor shall inspect all GenSet locomotives in accordance with Code of Federal Regulations Title 49‐Transportation (49CFR), Periodic and Annual locomotive inspection requirements. Refer to Appendix‐B for inspection criteria to be performed in conjunction with the federally mandated inspections, and Appendix‐C for GenSet locomotive identification and locations. The contractor shall fill out one GenSet Field Service PM Sheet (attached in Appendix‐B) per locomotive for each inspection and provide one electronic copy per locomotive to the COR at the completion of each support trip. 184‐day periodic locomotive inspections and Annual locomotive inspections shall be performed as needed depending on the current inspection schedule status.

2.2 Task Two, Airbrake and Filters

The contractor shall provide and install parts and material identified inTable‐1, perform air brake support replacing and cleaning filters in accordance with 49CFR one‐year airbrake maintenance and three‐year airbrake maintenance schedules, and replace New York Air Brake (NYAB) CCB26 airbrake control module systems on seven (7) GenSet locomotives (locomotives TBD). For Base contract effort, two (2) complete CCB26 module kits will be provided, and five (5) sets will be reutilized. For Options, five sets to be reutilized per option.

Table 2, Three‐year Air Airbrake Components to Replace on the 3GS Plate‐C Locomotives

Part Quantity

06401870000 Emergency Brake Valve one per locomotive

812‐142 Magnet Valve: Over speed, Alerter, Blow Down, EIE (1702 gaskets) four per locomotive

580‐012: Auto drain valve w/heater four per locomotive

558296‐0150: J‐1 safety valve 150 PSI one per locomotive

PM301‐2A: Check Valve, Main Reservoir with gaskets one per locomotive

500‐016: sander control valve two per locomotive

595‐075: Horn Magnet valve, front/rear two per locomotive

8321168: double check valve cartridge assembly one per locomotive

705223: no. 8 vent valve w/bracket two per locomotive

The New York Air Brake CCB modules that require overhaul are identified in Figure 1 and Table 2 below.

NYAB Part #: XPOOLPL-1823. Description: Spare pool kit for PL-1823

Figure 1, NYAB CCB26 Air Brake Module Rack and Control Stand Replacement Parts

Table 3, New York Air Brake CCB26 Electronic Air Brake Modules

DECRIPTION

PROVIDE/Send to NYAB NYAB PROVIDES BACK

CORE PART NUMBER COMPLETED OVERHAUL PART NUMBER

EBV 780634‐1749 (not included in kit) 780634‐1789R

21VV (On EBV) 773336 773336R

ERCP 780201‐1749 780201‐1749R

ERCP GASKET N/A 780623

16CP 784309 784309R

16CP GASKET N/A 775945

20CP 781102‐1749 781102‐1749R

20CP GASKET N/A 775945

13CP 780627 780627R

13CP GASKET N/A 775941

BCCP 780580 780580R

BCCP GASKET N/A 775942

BPCP 780676‐1749 780676‐1749R

BPCP GASKET N/A 780624

DBTV 783206 783206R

DBTV GASKET N/A 775943

PSJB 788901 (not included in kit) 788901R

RCP 783128‐1749 (not included in kit) 783128‐1749R

2.3 Task Three, Engine Lubricant and Coolant Exchange (Base Contract item only)

This task is for the Base contract only (not required for Options). For all GenSet locomotives identified except for the four located at Crane, totaling 25 locomotives, the Contractor shall remove engine oil, supply and replace with fresh oil, remove antifreeze, supply and replace with fresh antifreeze. Used oil and antifreeze will be handled locally on Army property.

2.4 Task Four, Locomotive Technical Training

This task is required for Base contract and all options. During planned site‐visits to perform inspections and in tandem with the locomotive inspections, the Contractor shall perform locomotive training and allow shadowing to instruct on common maintenance procedures and inspection criteria relative to Code of Federal Regulations for locomotive periodic inspections.

2.5 Task Five, N‐Compass Support

This task is required for Base contract and all options. Monthly status reports and remote diagnostic capability. This includes database support and carrier data fees. Monthly reports shall include electronic file (.pdf or .htm format) including data on all GenSet locomotives identified in Table‐4. Data is to include the following information per locomotive road number:

• Fault summary

• Individual engine hours

• Hours per throttle notch setting

• Distances traveled

Data reports are to be provided during the first week of each month containing the previous months data.

2.6 Task Six, Emergency On‐Site Support

This task is required for Base contract and all options for GenSet locomotives only. If unexpected locomotive failure occurs and the end‐user is unable to resolve the issue, the Contractor shall travel to and provide time and material for repairing or replacing failed locomotive parts and components, and return locomotive to operating status, fault free. This applies to the 29 GenSet locomotives only.

2.7 Task Seven, Conventional Locomotive Contingency Support

This task is required for Base contract and all options. The Contractor shall travel to and perform troubleshooting and diagnostics to determine the root cause of failure of non‐operating conventional locomotives identified in Appendix‐C. Labor and travel are the only requirements for this task. It is estimated that up to 10% of the fleet of 74 conventional locomotives (quantity of 7 locomotives) could encounter operating issues and require troubleshooting support during this period of performance.

2.8 Task Eight, Engine Fuel Injector Replacements (Option Years only)

This task is required for contract options only (not to be included in Base contract items). The Contractor shall supply and perform injector replacements on six locomotive engines (equivalent to two locomotives) during each of the three option years.

3.0 Contractor Quality Assurance

A qualified government representative will be on site with all work being performed to identify if work performed is as contracted.

4.0 Delivery or Deliverables

a. The contractor shall provide a work schedule with their proposal for this task order so it can be reviewed and approved.

b. Monthly N‐Compass data reports shall be delivered during the first week of each month containing the information from the previous month. Format for these reports shall be electronic filetype .pdf or .htm.

c. The Contractor shall email a report of the findings to the COR with recommendations associated with Task 7. The report shall include the following:

Locomotive road number

Location and date of service

Operating condition

Description of findings following troubleshooting and summary of repairs needed for the locomotive to become operational

d. Following the completion of each locomotive inspection, the contractor shall complete the locomotive cab card Form FRA F6180‐49A (Locomotive Inspection and Repair Record) with the updated inspection dates and provide copies to the Volpe Center COR(digital photograph of each locomotive cab card).

Following the completion at each location, the contractor shall submit the PM work sheets for each locomotive. All PM sheets shall include the following information as a minimum:

i. Operating status and work performed on each locomotive.

ii. Issues experienced and abnormalities discovered during the inspection process.

iii. Repairs that are required to take place within the next 184‐days, including the list of required parts and components.

Notice to contractors:

All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the government. The contracting officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. Press releases, marketing material, or any other printed or electronic documentation related to this project, must not be publicized without the written approval of the contracting officer.

5.0 Meetings

One monthly recurring technical support teleconference meeting to occur every third Tuesday of each month. Time is 10:30 to 11:30 AM Eastern Time.

6.0 Required Travel

Travel is required for on‐site support. Costs for necessary and related travel shall be allowed only when required by the Contracting Officer (CO) or COR. Travel expenses will be negotiated at a firm fixed price before award of each task order. Travel expenses shall be in accordance with FAR 31.205‐46 Travel costs.

7.0 Special Instructions

a. Passes and badges: The Contractor employees shall obtain the required employee and vehicle passes.

b. The contractor shall have all necessary tools, diagnostic and test equipment to conduct thorough inspections of the locomotives, conduct maintenance inspections, and to perform repairs and diagnostics in the field on‐site where the locomotives are located.

c. The Contractor's work shall not interfere with normal Government business. In those cases where some interference is unavoidable, the Contractor shall minimize the impact and effects of the interference. The Contractor shall provide advance access of all of its work schedules to the Government. The Contractor shall notify the COR of any difficulty in scheduling work due to Government controls.

d. At a minimum, two of the Contractor’s support personnel performing field service support and training must have at least five years’ experience working on the N‐ViroMotive GenSet and GM EMD style conventional Locomotives and the capability to troubleshoot all electronics components including N‐Force (National Railway Equipment Co. N‐ViroMotive locomotive operating software and hardware). All other Contractor staff must have locomotive working knowledge and be familiar with the N‐ViroMotive locomotive.

e. Contractor shall ensure all personnel have access to military installation locations identified in the statement of work.

8.0 Period of Performance

The period of performance for this contract shall be from one date of award through June 30, 2023 with

3(three) 12 month options.

9.0 Sustainable Acquisition Requirements

To the maximum extent possible and consistent with Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)‐designated); water‐efficient; biobased; environmentally preferable (e.g., EPEAT‐registered, or non‐toxic or less toxic alternatives); non‐ozone depleting; or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an EPA‐ or USDA‐designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at the Federally‐ controlled facility; (3) furnished by the contractor for use by the Government; or ( 4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

2.0 CONTRACT ADMINISTRATION DATA

2.1 Transportation Acquisition Regulation (TAR) Clause 1252.242‐73

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE OCT 1994

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

2.2 CONTRACT ADMINISTRATION RESPONSIBILITIES

Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. The Contracting Officer is:

Rachelle D. Faiteau 617‐494‐2136 rachelle.faiteau@dot.gov OST/R, U.S. Department of Transportation The Volpe Center (V‐222) 55 Broadway Cambridge, MA 02142‐1001

Contracting Officer's Representative (COR): A COR will be designated by the CO for the master contract and on a per task order basis. When a COR is designated on a Task Order they will be known as the Task Order Contracting Officer’s Representative (TOCOR). The TOCOR’s duties will mirror the duties described in this master contract. The responsibilities of the COR include but are not limited to: inspecting and monitoring the Contractor's work; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. The COR (or TOCOR for task orders) will be responsible for the duties defined in paragraph 2.1 clause 1252.242‐7 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE. The COR is:

(Completed at contract award)

TOCOR’s will be identified on a per task order basis.

2.3 PAYMENT

NOTE: Contractors are required to submit invoices or payment requests via the Delphi eInvoicing web‐ portal, which is accessed and authenticated via www.login.gov. For detailed instructions on how to submit invoices through the eInvoicing web‐portal, follow the instructions included in the clause "Electronic submission of Payment Requests NOV 2020" included as an attachment to this delivery order. Additionally, All invoices and required supporting documents shall be submitted in accordance with 1252.232‐70 Electronic Submission of Payment Requests (NOV 2022)

NOTE: THE CONTRACTING OFFICER RESERVES THE RIGHT TO UNILATERALLY DEOBLIGATE REMAINING FUNDS WHEN THE FOLLOWING OCCURS: FUNDS REMAIN UNDER THE DELIVERY ORDER THAT RESULTS FROM THE DIFFERENCE BETWEEN ESTIMATED AND ACTUAL SHIPPING CHARGES, OR A PROMPT PAYMENT DISCOUNT IS OFFERED AND TAKEN AND THERE ARE NO PENDING CLAIMS, AND EITHER THE PERFORMANCE PERIOD EXPIRES AND IS NOT EXTENDED OR FINAL DELIVERY IS MADE AND INVOICED. UNDER ANY OF THE

ABOVE CIRCUMSTANCES, A WRITTEN MODIFICATION WILL NOT BE ISSUED.

2.4 PERFORMANCE EVALUATIONS

In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of contractor performance for contracts that exceed $250,000. Performance evaluations will be accomplished at the completion of the base year and at the completion of each exercised option period. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). “The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations are also accessible in CPARS (formerly PPIRS).”

The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.

3.0 SPECIAL CONTRACT REQUIREMENTS

3.1 NON‐PERSONAL SERVICES (SEP 2009)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the contractor’s supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communication with other government contractors in connection with this contract, the contractor employees shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

3.2 SALES TAX EXEMPTION (SEP 2009)

The Volpe Center, as part of the Department of Transportation, an agency of the United States, is an exempt purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation.

The Contractor will be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for purchases under this procurement. Notwithstanding the terms of the Federal, State, and Local Taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption.

3.3 ORGANIZATIONAL CONFLICT OF INTEREST (FEB 2015)

An organizational conflict of interest means that because of other activities or relationships with other persons or entities, a Contractor is unable, or potentially unable to render impartial assistance or advice to the Government, or the Contractor's objectivity in performing the contract work is, or might be otherwise impaired, or the Contractor has an unfair competitive advantage. Organizational Conflict of interest includes situations where the capacity of a Contractor (including the Contractor's executives, directors, consultants, subsidiaries, parent companies or subcontractors) to give impartial, technically sound advice or objective assistance is or may be impaired or may otherwise result in a biased work product because of any past, present or planned interest, financial or otherwise, in organizations regulated by or assisted by DOT or in organizations whose interest may be substantially affected by Departmental activities.

3.4 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT PREMISES (MAR 2005)

(a) Any work under this contract which is performed by the Contractor or any of its subcontractors on premises that are under direct control of the Government, is subject to the following provisions:

(1) Performance of work on Government premises shall be confined to the area(s) specified by the CO or designee. In performance of this work, the Contractor shall: (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the contracting officer may reasonably require for safety and accident prevention purposes.

(2) The Contractor shall designate to the CO or designee, in writing, an on‐the‐premises representative to serve as point of contact.

(3) Any violation of applicable safety rules and requirements shall be promptly corrected as directed by the CO.

3.5 TECHNICAL DIRECTION (FEB 2013)

Performance of the work hereunder shall be under the technical direction of the COR and TOCOR on a specific task order. As used herein, "technical direction" is limited to directions to the Contractor that fill in details or otherwise complete the specific description of work set forth in the task order. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the estimated cost of the contract or task order, or otherwise affect any other provision of this contract. The Contractor may not begin work without obligated funding and written technical direction.

PART III – CONTRACT CLAUSES

The following FAR clauses are provided in full text:

52.212‐5 Contract Terms and Conditions Required to Implement DEC 2022

Statutes or Executive Orders – Commercial Items

(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:

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

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233‐3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77 and 108‐78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

__ (11) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

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

__ (ii) Alternate I (Mar 2020) of 52.219‐6.

__ (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐7.

__X (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

_x_ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Jun 2020) of 52.219‐9.

__ (v) Alternate IV (Sep 2021) of 52.219‐9.

__ (18)(i) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219‐13.

_X_ (19) 52.219‐14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

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

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (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 (Jun 2003) (E.O.11755).

_X_ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222‐26, Equal Opportunity (Sep 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).

__ (ii) Alternate I (Jul 2014) of 52.222‐35.

_X_ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222‐36.

X__ (33) 52.222‐37, Employment Reports on Veterans (Jun 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_ (35) (i) 52.222‐50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

_X_ (36) 52.222‐54, Employment Eligibility Verification (May 2022) (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.)

__ (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 (Jun 2016) (E.O. 13693).

__ (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.

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

__ (ii) Alternate I (Jun2014) of 52.223‐14.

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

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

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

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

X__ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224‐3.

_x_ (48) (i) 52.225‐1, Buy American‐Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225‐1.

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐ 4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐ 41, 112‐42, and 112‐43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225‐3.

__ (iv) Alternate III (Jan 2021) of 52.225‐3.

__ (v) Alternate IV (Oct 2022) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (Dec 2022) ( 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.

Subtitle A, Part V, Subpart G Note).

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

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

__ (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)).

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

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247‐64.

__ (iii) Alternate II (Nov 2021) of 52.247‐64.

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

[Contracting Officer check as appropriate.]

_x_ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

x__ (2) 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_ (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) ( 41 U.S.C. chapter 67).

_x_ (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

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

(iii) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.219‐8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222‐37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

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

(xiii)

(A) 52.222‐50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222‐50 ( 22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xvi) 52.222‐54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix)

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

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

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

Subtitle A, Part V, Subpart G Note).

(xxi) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.203‐98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements‐Representation (DEVIATION 2015‐02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS‐REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L.