70B03C20R00000127.pdf

12. DISCOUNT TERMS

8. OFFER DUE DATE/

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFF. DATE 5. SOLICITATION NUMBER2. CONTRACT NO. 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL

BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

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

BLOCK BELOW IS CHECKED.

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

IN OFFER.

8(A)

70B03C20R00000127

Banks, David M 317-614-4564

LOCAL TIME

03/08/2021

DHS - Customs & Border Protection CBP, Procurement Directorate Intech Two, Suite 100

6650 Telecom Drive

Indianapolis IN 46278

334517

See Attached Delivery Schedule DHS - Customs & Border Protection CBP, Procurement Directorate Intech Two, Suite 100 6650 Telecom Drive Indianapolis IN 46278

DHS - Customs & Border Protection Commercial Accounts Sect.

6650 Telecom Drive, Suite 100 Indianapolis IN 46278

PAGE OF PAGES1. REQUISITION NUMBERSOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30 0020116538 1 67

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

02/11/2021

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

SEE ADDENDUM

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE

UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

EDWOSB

CODE

CODE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)

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

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

$0.00

1 COPIES TO ISSUING OFFICE. CONTRACTOR

10 Low Energy Portal (LEP) Drive Thru System (IDIQ) 1.000 EA

4:00 PM ET

70B03C20R00000127

TABLE OF CONTENTS

SECTION I ‐ SCHEDULES

I.I OVERVIEW…………………………………………………………………………………………………

I.2 PERIOD OF PERFORMANCE…..………………………………………………………………………

I.3 CONTRACT PRICING….…………………………………………………………………………………

I.4 INDEFINITE QUANTITY LIMITS….……………………………………………………………………

I.5 ORDERS……………………………………………………………………………………………………

I.6 APPLICABILITY OF CLAUSES…….……………………………………………………………………

I.7 ORDERING AND ORDERING PROCEDURES…………..……………………………………………

I.8 SCHEDULE OF SUPPLIES/SERVICES…………………………………………………………………………………………………………………………….7

SECTION II ‐ CONTRACT CLAUSES

II.1 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)………..……………………………………………………………………….9 II.2 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)………………..9

II.3 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

II.4 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

II.5 52.212‐4 CONTRACT TERMS AND CONDITIONS‐‐COMMERCIAL ITEMS (OCT 2018)

II.6 52.222‐5 CONSTRUCTION WAGE RATE REQUIREMENTS‐‐SECONDARY SITE OF THE WORK (MAY 2014)…………………..9

II.7 52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

II.8 52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

II.9 52.222‐8 PAYROLLS AND BASIC RECORDS (AUG 2018)

II.10 52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

II.11 52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

II.12 52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

II.13 52.222‐12 CONTRACT TERMINATION‐‐DEBARMENT (MAY 2014)

II.14 52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

II.15 52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

II.16 52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

II.17 52.222‐16 APPROVAL OF WAGE RATES…….……………………………………………………………………………………………………………..9 ll.18 52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011) ll.19 52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) ll.20 52.227‐14 RIGHTS IN DATA—GENERAL, ALT. IV (MAY 2014) II.21 52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)……………………………………………………………9 II.22 52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)………………………………………………………………………………………………….10 II.23 52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)……………………………………………..10 II.24 52.236‐4 PHYSICAL DATA (APR 1984)…………………………………………………………………………………………………………………………………………10 II.25 52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)…………………………………………………………………………………………………..…………..10

II.26 52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)……………………………………………………………………………..10 II.27 52.236‐7 PERMITS AND REPONSIBILITIES (NOV 1991)……………………………………………………………………………………………..10 II.28 52.236‐8 OTHER CONTRACTS (APR 1984)………………………………………………………………………………………………………………..10 II.29 52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)…10 II.30 52.236‐10 OPERATIONS AND STORAGE AREAS (APR 1984).…………………………………………………………………………………….10 II.31 52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)……………………………………….………………………………………………10

II.32 52.236‐12 CLEANING UP (APR 1984)……………………………………………………………………………………………………………………….10 II.33 52.236‐13 ACCIDENT PREVENTION (NOV 1991)………………………………………………………………………………………………………10 II.34 52.236‐14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)……………………………………………………………………………….…………10 II.35 52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)…………………………………………………………………….…………………10 II.36 52.236‐17 LAYOUT OF WORK (APR 1984)……………………………………………………………………………………………………………….………………….10

II.37 52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)………………………………………………………..10 II.38 52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)………………………………………………………………………………………..10 II.39 52.242‐13 BANKRUPTCY (JUL 1995)………………………………………………………………………………………………………………………..10 II.40 52.242‐14 SUSPENSION OF WORK (APR 1984)………………………………………………………………………………………………………..10

II.41 52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)…………………………………………………………………………………………..10

II.42 52.243‐3 CHANGES‐‐TIME‐AND‐MATERIALS OR LABOR‐HOURS (SEP 2000)

II.43 52.243‐4 CHANGES (JUN 2007)

II.44 52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2020)……………………………………………………….…………………..10 II.45 52.246‐6 INSPECTION‐‐TIME‐AND‐MATERIAL AND LABOR‐HOUR (MAY 2001)……………………………….……………………….10 II.46 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)…………………………………………………………………………………………10 II.47 52.246‐13 INSPECTION‐DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)…… II.48 52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)………………………………………………..……………………………………….11 ll.49 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS ‐‐ COMMERCIAL ITEMS (AUG 2020)……………………………………………………………………………………………………………………….…………..11

II.50 52.216‐18 ORDERING (AUG 2020)

II.51 52.216‐19 ORDER LIMITATIONS (OCT 1995)

II.52 52.216‐22 INDEFINITE QUANTITY (OCT 1995)

II.53 52.216‐32 TASK‐ORDER AND DELIVERY‐ORDER OMBUDSMAN (SEP 2019)

II.54 52.217‐7 OPTION FOR INCREASED QUANTITY‐SEPARATELY PRICED LINE ITEM (MAR 1989)

II.55 52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

II.56 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JUL 2020) (DEVIATION 20‐07)……………………….20 II.57 52.252‐6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)………………………………………….……………………………………….21 II.58 3052.212‐70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) II.59 52.204‐23 ‐ PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) (DEVIATION 20‐05) II.60 52.204‐25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (DEVIATION 20‐05) (AUG 2020)

II.61 52.219‐4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2019‐01) II.62 52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (DEVIATION

APR 2020)

II.63 CONTRACT TYPE (OCT 2008)

II.64 PACKAGING, PACKING AND MARKING (MAR 2003) ……………………………………………………………….……………………………….27 II.65 CHANGES IN TECHNOLOGY.…………………………………………………………………………………………………………………….……………...27 II.66 DISCLOSURE OF INFORMATION (MAR 2003)…………………………….………………………………………………………….…………………27

II.67 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.68 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS ‐ INVOICE PROCESSING PLATFORM (IPP) (JAN 2016)

II.69 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.70 ORDERING OF AS NEEDED SERVICES……………………………………………………………………………………………………………………….29 II.71 SECURITY PROCEDURES…………………………………………………………………………………………………………………………………………..29

II.72 NON‐PERSONAL SERVICE…………………………………………………………………………………………….……………………………………

II.73 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS……………………………………………………………………………………….32 II.74 SPECIAL SECURITY REQUIREMENT ‐ CONTRACTOR PRE‐SCREENING………………………………………………………………………..32 II.75 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2014)………………………. …………………………………….33 II.76 TRADE AGREEMENTS (DEVIATION 20‐07) (JUL 2020)…………………………………………………….………………………………………..34 II.77 COMBATING RACE AND SEX STEREOTYPING (DEVIATION 21‐01) (NOV 2020)………………………………………………………...36

SECTION III SOLICITATION PROVISIONS

III.1 52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

III.2 52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (OCT 2020)

III.3 52.212‐1 INSTRUCTIONS TO OFFERORS‐COMMERCIAL ITEMS (JUN 2020)

III.4 52.222–56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015).……………………..38

III.5 52.250‐2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

III.6 52.204‐24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2020)

III.7 52.236‐28 PREPARATION OF PROPOSALS‐CONSTRUCTION (OCT 1997)……………………………………………………….…………..38

III.8 52.204‐24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2020)……………………………………………………………………………………………………………………………………………41

III.8 52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

III.9 52.212‐2 EVALUATION‐‐COMMERCIAL ITEMS (OCT 2014)

III.10 52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS ‐‐ COMMERCIAL ITEMS (AUG 2020)

III.11 52.216‐1 TYPE OF CONTRACT (APR 1984)

III.12 EVALUATION FACTORS FOR AWARD…………………………………………………………………………………

SECTION I ‐ SCHEDULES

I.1 OVERVIEW

U.S. Customs & Border Protection (CBP) is soliciting proposals for supplies and services related to Low Energy Portal (LEP) Block II Drive Through Systems for the Non‐Intrusive Inspection (NII) Program.

CBP intends to award three Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, but reserves the right to award more or fewer contracts, contingent on the number of qualified vendors and the available funding.

Each anticipated IDIQ contract will include a single, five‐year ordering period. While each contract will not have options, orders issued against the IDIQ contract(s) may include separately priced supply and/or service options if it is in the Government’s interest to do so.

Specifications for the supplies and services can be found in the attached Statement of Work (SOW) and Functional Requirements Document (FRD).

The IDIQ will include a firm‐fixed price schedule. Hourly rates for construction services will be bid at the order level, when wage determinations have been identified. Any order against this IDIQ may be firm‐fixed priced, a time‐and‐material, or a hybrid of the two.

I.2 ORDERING PERIOD

Each contract will contain a five (5) year ordering period. The effective period of each IDIQ contract, however, will be up to sixteen

(16) years. The effective period of an IDIQ contract will begin on the date of award and will continue until completion of the final delivery order on the contract. An order issued from each contract could have a performance period that extends up to ten (10) years from the Government’s acceptance of the final unit under that order, if all possible options are included on that order and are exercised.

I.3 CONTRACT PRICING

Prices for LEP Systems and other line items shall be a combination of firm fixed price and time and materials (T&M). Specifically.

Installation Services/Civil Works and Site Preparation, Engineering Services and Support (i.e., construction services), will be priced as T&M at the order level. All units shall be priced and delivered FOB Destination for locations in the contiguous United States (CONUS). The Contractor will be required to deliver units to locations specified at the order level. The unit prices shall be all‐ inclusive, include shipping charges, set‐up costs, factory test representation, and twelve (12) month minimum warranty. Additional shipping charges may be quoted at the order level for any units to be delivered outside of the contiguous United States (OCONUS).

By the same token, extended warranty and maintenance option prices are for CONUS units. An extended warranty or maintenance option price differential may be quoted at the order level for any OCONUS destinations, once known.

Each anticipated IDIQ contract will include a firm‐fixed price schedule. Hourly rates for T&M construction services will be quoted at the order level and a ceiling price will be established for those services to be exceeded at the Contractor’s risk, when wage determinations have been identified. Any order against each anticipated IDIQ contract may be firm‐fixed price, T&M, or a hybrid of the two.

The minimum level of operational performance that the Government is willing to accept is considered a threshold value; the base system price shall include all threshold requirements for operation.

I.4 INDEFINITE QUANTITY LIMITS

MINIMUM GUARANTEE: The Government has determined that the minimum buy for each anticipated IDIQ contract will be one (1) LEP Drive‐through System and associated services such as installation, training, and maintenance. The one LEP Drive‐through System awarded may be any one of the three system types listed in the SOW.

INITIAL ORDER AWARDS: The Government will issue initial orders to all IDIQ contract awardees that will satisfy the minimum guarantee, but the number of systems (and associated services such as training, installation, and maintenance) awarded for each initial order will not necessarily be the same. The total number of the systems awarded will be a function of available funding and program need. The Government intends to issue the initial orders with a roughly equal number of systems to each awardee.

However, some variance may occur if the available system do not divide evenly among awardees or to accommodate logical groupings. For example, the groupings may be adjusted to ensure all systems at a particular port are awarded to the same vendor.

MAXIMUM AMOUNT: The total amount of supplies and services that may be ordered over the life of the multiple‐award IDIQ contract vehicle shall not exceed $390 million.

I.5 ORDERS

Each anticipated IDIQ contract permits option lines at the order level. Orders may contain option clauses for additional quantities, preventative maintenance or training. There will be a (5) five year ordering period. Each system will be eligible for up to (10) ten years of preventative maintenance options after site acceptance, and corrective maintenance options beginning in the second year (following the base warranty period) for up to ten (10) years and/or up to five (5) years of extended warranty.

The authorized activity for initiating orders is the Non‐Intrusive Inspection Program Management Office. Requests for Quotes to afford Fair Opportunity and any resultant orders under the anticipated IDIQ contracts will be issued by the CBP Procurement Directorate on behalf of the program office.

I.6 APPLICABILITY OF CLAUSES

Each contemplated IDIQ contract is for commercial items. However the contract also includes construction activity incidental to the installation of those items. This construction activity is expected to exceed the threshold of the Wage Rate Requirements (Construction) Act, 40 U.S.C. Chapter 31 (formerly known as the Davis‐Bacon Act). Certain additional clauses apply to any line item which exceeds the threshold for construction works as defined in the Federal Acquisition Regulation (FAR). The clauses that apply when construction line items (e.g., Site Preparation, Engineering Services and Support and Installation Services) are included in a delivery order are as follows: FAR 52.222‐6 through 52.222‐15, 52.232‐27, 52.236‐2 through 52.236‐15, 52.236‐17, 52.236‐21, 52.236‐26, 52.242‐13, 52.242‐14, 52.242‐17, 52.243‐4, 52.244‐6, 52.246‐12, 52.246‐13, and 52.246‐21.These clauses are incorporated by reference below. The FAR provisions 52.222‐5, 52.236‐27, and 52.236‐28 will also apply to RFQs involving construction work.

I.7 ORDERS AND ORDERING PROCEDURES

Request for Quotes All orders after the initial orders issued against this multiple‐award IDIQ contract vehicle will be solicited in accordance with the fair opportunity process afforded by the FAR 16.505(b) ordering procedures.

Options Each contract will permit option lines at the order level. If options are included in a Delivery Order, FAR clauses 52.217‐7 and/or 52.217‐9 will be included on the order. Orders may contain option clauses for increased quantities, training, and maintenance.

Time‐and‐Materials Competitive RFQs issued under this contract vehicle may include time‐and‐material lines, in accordance with FAR 12.207(b).

On‐Demand Services On‐Demand services are within‐scope services (and incidental supplies) required to complete the contract but not knowable at the time of award. These services will be contracted via a fixed‐price quote in response to an RFQ when the need is known, either in conjunction with the initial order of a given system or at some point in time thereafter.

An on‐demand item or service with a fixed price that is expected to recur may be added to the fixed‐price schedule below via bilateral IDIQ modification once the price has been approved by the contracting officer.

Pricing for on‐demand services or any other supplies or services not set in the schedule below must undergo price analysis in accordance with FAR 16.505(b)(3). If no other method of determining price reasonableness is available, Contractors may be required to provide other than cost and pricing data to assist in the reasonableness determination.

I.8 SCHEDULE OF SUPPLIES/SERVICES

ITEM # DESCRIPTION QTY UNIT UNIT PRICE

10 LEP Scanning System Type 1 – (Pre/Post Primary POV Scanning System)

1.000 EA

20 LEP Scanning System Type 2 – (Secondary POV Scanning System)

1.000 EA

30 LEP Scanning System Type 3 – (Bus/Truck Tractor Semi Trailer Scanning System)

1.000 EA

Quantity Discount

Quantity Range Item Price (per unit)

5+ 10+ 20+

The quantity discounts listed above apply to each order separately, not the sum of all POV X‐Ray systems over the course of the IDIQ contract.

Training and Other Services

40 Site Preparation, Engineering Services and Support 1.000 EA TBD 50 Training Development 1.000 EA 60 Train‐the‐Trainer Course 1.000 EA 70 Operator Training 1.000 EA 80 Installation Services 1.000 EA TBD 90 On‐demand & Options 1.000 EA TBD 100 Disposal Fee 1.000 EA

Items marked “TBD” (i.e., To Be Determined) are to be priced at the order level in accordance with FAR 16.505(b)(3) and FAR 12.207(b).

The prices for Installation Services shall be provided by location via the Installation Quote, Plan, and Checklist submitted with the Final Engineering Assessment and Final Construction drawings.

Extended Warranty

110 Two Years of Warranty 1.000 EA 120 Three Years of Warranty 1.000 EA 130 Four Years of Warranty 1.000 EA 140 Five Years of Warranty 1.000 EA

Preventative Maintenance Options

150 First Year Service 1.000 EA 160 Second Year Service 1.000 EA 170 Third Year Service 1.000 EA 180 Fourth Year Service 1.000 EA 190 Fifth Year Service 1.000 EA 200 Sixth Year Service 1.000 EA 210 Seventh Year Service 1.000 EA 220 Eighth Year Service 1.000 EA 230 Ninth Year Service 1.000 EA 240 Tenth Year Service 1.000 EA

Corrective Maintenance Options

250 Second Year Service 1.000 EA 260 Third Year Service 1.000 EA 270 Fourth Year Service 1.000 EA 280 Fifth Year Service 1.000 EA 290 Sixth Year Service 1.000 EA 300 Seventh Year Service 1.000 EA 310 Eighth Year Service 1.000 EA 320 Ninth Year Service 1.000 EA 330 Tenth Year Service 1.000 EA

DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

TBD BY DELIVERY ORDER –

CONUS/OCONUS

Within 6 months of order

SECTION II ‐ CONTRACT CLAUSES

I.1 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

I.2 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.3 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

I.4 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

I.5 52.212‐4 CONTRACT TERMS AND CONDITIONS‐‐COMMERCIAL ITEMS (OCT 2018)

I.6 52.222‐5 CONSTRUCTION WAGE RATE REQUIREMENTS‐‐SECONDARY SITE OF THE WORK (MAY 2014)

I.7 52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

I.8 52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

I.9 52.222‐8 PAYROLLS AND BASIC RECORDS (AUG 2018)

I.10 52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

I.11 52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

I.12 52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

I.13 52.222‐12 CONTRACT TERMINATION‐‐DEBARMENT (MAY 2014)

I.14 52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

I.15 52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

I.16 52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

ll.17 52.222‐16 APPROVAL OF WAGE RATES (MAY 2014) ll.18 52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011) ll.19 52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (AUG 2018) ll.20 52.227‐14 RIGHTS IN DATA—GENERAL, ALT. IV (MAY 2014)

II.21 52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

II.22 52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

II.23 52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

II.24 52.236‐4 PHYSICAL DATA (APR 1984)

II.25 52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)

II.26 52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

II.27 52.236‐7 PERMITS AND REPONSIBILITIES (NOV 1991)

II.28 52.236‐8 OTHER CONTRACTS (APR 1984)

II.29 52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

II.30 52.236‐10 OPERATIONS AND STORAGE AREAS (APR 1984)

II.31 52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

II.32 52.236‐12 CLEANING UP (APR 1984)

II.33 52.236‐13 ACCIDENT PREVENTION (NOV 1991)

II.34 52.236‐14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

II.35 52.236‐15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

II.36 52.236‐17 LAYOUT OF WORK (APR 1984)

II.37 52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

II.38 52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)

II.39 52.242‐13 BANKRUPTCY (JUL 1995)

II.40 52.242‐14 SUSPENSION OF WORK (APR 1984)

II.41 52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

II.42 52.243‐3 CHANGES‐‐TIME‐AND‐MATERIALS OR LABOR‐HOURS (SEP 2000)

II.43 52.243‐4 CHANGES (JUN 2007)

II.44 52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

II.45 52.246‐6 INSPECTION‐‐TIME‐AND‐MATERIAL AND LABOR‐HOUR (MAY 2001)

II.46 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

II.47 52.246‐13 INSPECTION‐DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996)

II.48 52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

ll.49 52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS ‐‐ COMMERCIAL

ITEMS (NOV 2020)

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

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

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

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

3805 note)).

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

[Contracting Officer check as appropriate]

[X] (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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].

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

[] (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 (JUN 2020) (31 U.S.C. 6101 note).

[X] (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313)

[] (10) [Reserved].

[] (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219‐3.

[] (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219‐4.

[] (13) [Reserved]

[] (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (MAR 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 (MAR 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 2018) (15 U.S.C. 637(d)(2) and (3)).

[X] (17) (i) 52.219‐9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) 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 52.219‐3.

[] (19) 52.219‐14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[X] (20) 52.219‐16, Liquidated Damages‐‐Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(I) 52.219‐28, Post Award Small Business Program Rerepresentation (MAY 2020) (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 (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222‐3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222‐19, Child Labor‐‐Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222‐26, Equal Opportunity (AUG 2018) (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Products Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

[X] (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[X] (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 (JUN 2014) of 52.223‐14.

[X] (42) 52.223‐15, Energy Efficiency in Energy‐‐Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[X] (43)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and

13514).

[] (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).

[X] (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224‐3.

[ ] (48) 52.225‐1, Buy American ‐‐ Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (49)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43.

[] (ii) Alternate I (MAY 2014) of 52.225‐3.

[] (iii) Alternate II (MAY 2014) of 52.225‐3.

[] (iv) Alternate III (MAY 2014) of 52.225‐3.

[] (50) 52.225‐5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (53) 52.226‐4, Notice of Disaster or Emergency Area set‐Aside (NOV 2007)

[] (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

[] (55) 52.229‐12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (57) 52.232‐30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT 2018) (31 U.S.C.

3332).

[] (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).

[X] (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 (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247‐64.

[] Alternate II (FEB 2006) of 52.247‐64

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

[] (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (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).

[] (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) (29

U.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 Under Executive Order 13658 (DEC 2015) (Executive Order 13658)

[X] (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 paragraphs (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐‐

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203–19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113–235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115–91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.219‐8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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) [X] (A) 52.222‐50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222‐54, Employment Eligibility Verification (OCT 2015).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658).

(xviii) 52.222‐62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

(End of clause)

II.50 52.216‐18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through date of contract completion.

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

(c) A delivery order or task order is considered ‘‘issued’’ when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either ‐‐

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

II.51 52.216‐19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $50 million;

(2) Any order for a combination of items in excess of $50 million; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

II.52 52.216‐22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries or otherwise perform under this contract after September 30, 2036.

II.53 52.216‐32 TASK‐ORDER AND DELIVERY‐ORDER OMBUDSMAN (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task‐order and delivery‐order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task‐order and delivery‐order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Name: Richard Gunderson

Address: U.S. Customs and Border Protection Office of Acquisition 2411 Boswell Rd Chula Vista, CA 91914

Telephone: 202‐306‐0333

Email: richard.gunderson@cbp.dhs.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

II.54 52.217‐7 OPTION FOR INCREASED QUANTITY‐SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the order Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within fifteen (15) days of delivery of a LEP system, within fifteen (15) days of the expiration of a previously exercised option period, or within fifteen (15) days of the expiration of the warranty. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

II.55 52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of orders under this contract by written notice to the Contractor within fifteen (15) days of the expiration of the warranty or expiration of a previously exercised option period on the order;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least twenty (20) days before the warranty or previously exercised option period expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended order shall be considered to include this option clause.

(c) The total duration of an order under this contract, including the exercise of any options under this clause, shall not exceed eleven (11) years for any order based off this contract.

ll.56 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JUL 2020) (DEVIATION 20‐07)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222‐18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212‐3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable…