70LGLY21QGLB00013_.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

FLETC GL

BLDG: 93 ATTN: E. McGowan

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

FLETC GL CODE 16. ADMINISTERED BYCODE

X

X

X

561210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFLETC GL

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/22/2021 1400 ET

12/22/2020

(912) 261-4185Elizabeth McGowan (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70LGLY21QGLB00013

5. SOLICITATION NUMBER

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

1 58 21FMD0417OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

GLYNCO GA 31524

TELEPHONE NO.

17a. CONTRACTOR/

GLYNCO GA 31524

ATTN: BLDG:

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

15. DELIVER TO

GLYNCO GA 31524

BLDG: 93 ATTN: E. McGowan

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$41.50

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)

DEPARTMENT OF HOMELAND SECURITY

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.

Offerors shall provide a statement of compliance with FAR 52.222-50, Combating Trafficking in Persons, requirements and confirm subcontractors will accomplish a statement of compliance upon award.

This requirement references Wage Determination 2015-4477 (State: Georgia Area: Georgia Counties of Brantley/Glynn).

Question submission will close on January 04, (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Elizabeth C. McGowan

. 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

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2021 at 2:00 PM ET. Answers to question submissions will be published via amendment no later than January 08, 2021. Bid Submissions will be due no later than January 15, 2021 at 2 PM ET.

Period of Performance: 02/01/2021 to 01/31/2026

0001 Inspect forty-two (42) each Wet Pipe Systems 42 EA

(Annually)

Period of Performance: 02/01/2021 to 09/30/2021

0002 Inspect three (3) each Dry Pipe Systems (Annually) 3 EA

Period of Performance: 02/01/2021 to 09/30/2021

0003 Inspect three (3) each Chemtron FM-200 Systems 3 EA

(Annually)

Period of Performance: 02/01/2021 to 09/30/2021

0004 Inspect five (5) each Standpipe (Annually) 5 EA

Period of Performance: 02/01/2021 to 09/30/2021

0005 Inspect two (2) each Anti-Freeze Loop Test 2 EA

(Annually)

Period of Performance: 02/01/2021 to 09/30/2021

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

58 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

0006 Inspect twelve (12) each Kitchen Vent Hood 24 EA

Suppression Systems (Bi-Annually)

Period of Performance: 02/01/2021 to 09/30/2021

0007 Inspect one (1) each Dry Chemical Systems 1 EA

(Annually)

Period of Performance: 02/01/2021 to 09/30/2021

0008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump (Annually)

Period of Performance: 02/01/2021 to 09/30/2021

0009 Repair, Parts, and Labor 1 EA

(Do Not Price)

Period of Performance: 02/01/2021 to 09/30/2021

1001 Inspect forty-two (42) each Wet Pipe Systems 42 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1002 Inspect three (3) each Dry Pipe Systems (Annually) 3 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1003 Inspect three (3) each Chemtron FM-200 Systems 3 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1004 Inspect five (5) each Standpipe (Annually) 5 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1005 Inspect two (2) each Anti-Freeze Loop Test 2 EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1006 Inspect twelve (12) each Kitchen Vent Hood 24 EA

Suppression Systems (Bi-Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1007 Inspect one (1) each Dry Chemical Systems 1 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump (Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

1009 Repair, Parts, and Labor 1 EA

(Do Not Price)

(Option Line Item)

Anticipated Option Exercise Date09/30/2021

Period of Performance: 10/01/2021 to 09/30/2022

2001 Inspect forty-two (42) each Wet Pipe Systems 42 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2002 Inspect three (3) each Dry Pipe Systems (Annually) 3 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

2003 Inspect three (3) each Chemtron FM-200 Systems 3 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2004 Inspect five (5) each Standpipe (Annually) 5 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2005 Inspect two (2) each Anti-Freeze Loop Test 2 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2006 Inspect twelve (12) each Kitchen Vent Hood 24 EA

Suppression Systems (Bi-Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2007 Inspect one (1) each Dry Chemical Systems 1 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump (Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

2009 Repair, Parts, and Labor 1 EA

(Do Not Price)

(Option Line Item)

Anticipated Option Exercise Date09/30/2022

Period of Performance: 10/01/2022 to 09/30/2023

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

3001 Inspect forty-two (42) each Wet Pipe Systems 42 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3002 Inspect three (3) each Dry Pipe Systems (Annually) 3 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3003 Inspect three (3) each Chemtron FM-200 Systems 3 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3004 Inspect five (5) each Standpipe (Annually) 5 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3005 Inspect two (2) each Anti-Freeze Loop Test 2 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3006 Inspect twelve (12) each Kitchen Vent Hood 24 EA

Suppression Systems (Bi-Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3007 Inspect one (1) each Dry Chemical Systems 1 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

3008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump (Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

3009 Repair, Parts, and Labor 1 EA

(Do Not Price)

(Option Line Item)

Anticipated Option Exercise Date09/30/2023

Period of Performance: 10/01/2023 to 09/30/2024

4001 Inspect forty-two (42) each Wet Pipe Systems 42 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4002 Inspect three (3) each Dry Pipe Systems (Annually) 3 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4003 Inspect three (3) each Chemtron FM-200 Systems 3 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4004 Inspect five (5) each Standpipe (Annually) 5 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4005 Inspect two (2) each Anti-Freeze Loop Test 2 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

4006 Inspect twelve (12) each Kitchen Vent Hood 24 EA

Suppression Systems (Bi-Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4007 Inspect one (1) each Dry Chemical Systems 1 EA

(Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump (Annually)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

4009 Repair, Parts, and Labor 1 EA

(Do Not Price)

(Option Line Item)

Anticipated Option Exercise Date09/30/2024

Period of Performance: 10/01/2024 to 09/30/2025

5001 Inspect twelve (12) each Wet Pipe Systems 21 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5002 Inspect one (1) each Dry Pipe Systems 1 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5003 Inspect one (1) each Chemtron FM-200 Systems 1 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

9 58

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70LGLY21QGLB00013

5004 Inspect two (2) each Standpipe 2 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5005 Inspect one (1) each Anti-Freeze Loop Test 1 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 09/30/2026

5006 Inspect twelve (12) each Kitchen Vent Hood 12 EA

Suppression Systems

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5007 Inspect one (1) each Dry Chemical Systems 1 EA

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5008 Inspect and Operate one (1) each Fire Suppression 1 EA

Pump

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

5009 Repair, Parts, and Labor 1 EA

(Do Not Price)

(Option Line Item)

Anticipated Option Exercise Date09/30/2025

Period of Performance: 10/01/2025 to 01/31/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Clauses Statement of Work FLETC Instructions Provisions

Clauses

52.202-1 Definitions. (JUN 2020)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-7 System for Award Management. (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020)

52.212-2 Evaluation - Commercial Items. (OCT 2014)

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are equal (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

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

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

(End of provision)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

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.)

[ ] (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).

[ ] (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)

[X] (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.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)).

[ ] (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 52.219-13.

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

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 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).

[X] (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 (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).

[ ] (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 (OCT 2020) (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). (E. O. 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 Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (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.

[ ] (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).

[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.

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

[X] (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).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 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) (42 U.S.C. 5150).

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

(NOV 2007) (42 U.S.C. 5150).

[ ] (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).

[ ] (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.

[ ] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[X] (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 (NOV 2020).

[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 this paragraph (e)(1) of this paragraph 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 2016) (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 (OCT 2020) (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) (E. O.

12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(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). 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 (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)

52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-1 Disputes. (MAY 2014)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-14 Suspension of Work. (APR 1984)

52.242-15 Stop-Work Order. (AUG 1989)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

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): [Insert one or more Internet addresses]

(End of clause)

3052.204-71 Contractor employee access. (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy.

This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Pub. L. 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[ ] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)

3052.228-70 Insurance. (DEC 2003)

3052.242-72 Contracting officer's technical representative. (DEC 2003)

52.232-40 DEVIATION PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020)

(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

Statement of Work

1. SCOPE. The U.S. Department of Homeland Security (DHS), Federal Law Enforcement Training Center (FLETC), Facilities Management Division requires an annual fire Inspection and reporting program coinciding with the requirement for a Preventive Maintenance and Repair Services contract for Fire Suppression Systems. Services shall include but are not limited to the following:

1.1 Phase I is to Inspect, Repair, Test, Prepare Deficiency Reports, Maintain Service Maintenance Logs: An inspection schedule shall be submitted to the Contracting Officer Representative (COR) 5 days after award. Inspections must commence no later than February 15, 2021.

Phase II is to repair all of the identified deficiencies and shall be scheduled and coordinated with COR.

1.2 Repairs: Repairs are defined as work to repair, replace, upgrade, modify, or maintain a fire suppression system(s), or to correct recurring system and/or equipment malfunction(s). Contractor shall assume all liability for injury to its employees and subcontractors, for damage to its equipment, and any other loss.

1.3 Contractor may not assign or subcontract this contract, any portion thereof, or any services or obligations to be performed, without prior Government approval.

1.4 Contractor shall prevent loss and damage to Government property, and shall replace or repair all loss or damage, unless caused by Government personnel, or by other vendors or contractors. Furthermore, Contractor shall immediately report to the Government Representative all suspected loss or damage, regardless of the cause.

2. REQUIREMENTS:

The contractor shall provide all management, supervision, labor, supplies, materials, repair and replacement parts, equipment, and tools required to perform the specified fire suppression systems inspections. In addition, contactor shall provide required trained and qualified/certified personnel, labor, equipment, transportation, calibration instruments and all other tools etc. required to perform preventive maintenance and inspections for the Government-owned Fire Suppression Systems specified herein. Submission of all required permits, certifications, licenses by state, county, city or other local jurisdictions, when covered by such state, county city or other local jurisdiction; shall be obtained at the Contractor’s expense and approved by the Government prior to commencement of work.

2.1 Designation of Point of Contact:

Contractor shall designate and provide to the Government in writing (on Contractor’s company letterhead) a single person as a Primary Point of Contact as the Contractor’s representative, to include the designated authority for this contact. Contractor shall provide Emergency Contact information of at least three contacts, names and phone numbers during the contract period. If at any time a change is made of this information, the Contractor shall notify the Government in writing (on Contractor’s company letterhead).

2.2 All work shall be performed during the confines of the established Federal Government core hours, Monday through Friday, 7:30 AM to 4:30 PM with the exception of Federal Holidays. Any work required other than core hours shall requested in writing to the Contracting Officer Representative (COR) with a copy to the Contracting Officer (CO) at least 48 hours.