70SBUR22R00000012 Posted on 2022_05_25.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

70SBUR

70 Kimball Avenue Office of Contracting Citizenship and Immigration Services Department of Homeland Security

CIS-IIMD CODE 16. ADMINISTERED BYCODE

X

X

334118

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70SBUR

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/10/2022 1700 ET

05/25/2022

802-872-4142NICHOLE MASON

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70SBUR22R00000012

5. SOLICITATION NUMBER

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

1 143 IMD220014OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

South Burlington VT 05403

TELEPHONE NO.

17a. CONTRACTOR/

Camp Springs MD 20588-0009 5900 Capital Gateway Drive Identity & Information Management

15. DELIVER TO

South Burlington VT 05403 70 Kimball Avenue Office of Contracting Citizenship and Immigration Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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.

The Government anticipates issuing a IDIQ contract as a result of this solicitation. The quantities specified in the schedule are estimates only and are not purchased by this contract.

This contract shall provide turn-key Live Scan systems that can be connected to the USCIS LAN/WAN and furnish all necessary personnel and materials required to perform the work set forth in the Statement of Work (SOW).

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Stuart Sellears

. 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.

This is an IDIQ contract and all orders placed under the IDIQ will be Firm Fixed Price. The

IDIQ has a 12 month base ordering period and four optional ordering periods as follows:

Base Ordering Period Includes CLINS 0001-0009:

07/15/2022-07/14/2023

Option 1 Ordering Period Includes CLINS

1001-1007: 07/15/2023-07/14/2024

Option 2 Ordering Period Includes CLIN 2001-2007:

07/15/2024-07/14/2025

Option 3 Ordering Period Includes CLIN 3001-3007:

07/15/2025-07/14/2026

Option 4 Ordering Period Includes CLIN 4001-4007:

07/15/2026-06/14/2027

Option 5 Ordering Period CLIN 5001:

06/15/2027-06/14/2028

Operations & Maintenance Ordering Periods to begin after warranty expiration and shall be optional for four (4) full ordering periods after expiration of warranties.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

143 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 143

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70SBUR22R00000012

0001 The SLINs satisfy the IDIQ minimum of $50,000.00. EA

Configuration and Compatibility Testing Systems including but not limited to a Cabinet System

(Livescan), Mobile Biometric System, Card

Scanning System and Document Authentication

System (optional line item).

Systems shall include all peripherals and the operating system.

Systems shall be used for the purpose of systems configuration/compatibility testing and solidifying the USCIS operating system “image” and the USCIS BET software to be used by the

Livescan Systems.

Systems and quantities outlined in Sub CLIN AA, AB, AC and AD below.

0001 AA Cabinet System (Livescan) Configuration and 1 EA

Compatibility Test System, including installation and Operations and Maintenance during the base year - In accordance with Section 3.0 of the

Statement of Work

0001 AB Mobile Biometric Configuration and Compatibility 5 EA

Test System, including installation and

Operations and Maintenance during the base year -

In accordance with Section 3.0 of the Statement of Work

0001 AC Card Scan Configuration and Compatibility Test 1 EA

System, including installation and Operations and

Maintenance during the base year - In accordance with Section 3.0 of the Statement of Work

0001 AD OPTIONAL LINE ITEM 1 EA

Document Authentication Configuration and

Compatibility Test System, including installation and Operations and Maintenance during the base

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

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

70SBUR22R00000012

year - In accordance with Section 3.0 of the

Statement of Work

(Option Line Item)

90 Days After Award

0002 Production Test Systems at one (1) Application EA

Support Center (location to be determined) including but not limited to Cabinet System

(Livescan), Mobile Biometric System, Card

Scanning System and Optional Line Items: Document

Authentication System and Electronic Check-in

System.

Systems shall include all peripherals and the operating system.

Production Test Systems to be connected to the

USCIS network, loaded with the BET software, will run actual production transactions and verify that the transactions have transmitted downstream to receiving systems and that responses have been received from the FBI.

Systems and quantities outlined in Sub-CLINs AA, AB, AC, AD, and AE below.

(Option Line Item)

0002 AA Cabinet System (Livescan) Production Test System, 10 EA including installation and Operations and

Maintenance during the base year - In accordance with Section 3.0 of the Statement of Work

(Option Line Item)

0002 AB Mobile Biometric Production Test System, 5 EA including installation and Operations and

Maintenance during the base year - In accordance with Section 3.0 of the Statement of Work

(Option Line Item)

0002 AC Card Scan Production Test System, including 1 EA installation and Operations and Maintenance during the base year - In accordance with Section

3.0 of the Statement of Work

Continued ...

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

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CONTINUATION SHEET

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

70SBUR22R00000012

(Option Line Item)

0002 AD OPTIONAL LINE ITEM 1 EA

Document Authentication Production Test Test

System, including installation and Operations and

Maintenance during the base year - In accordance with Section 3.0 of the Statement of Work

(Option Line Item)

0002 AE OPTIONAL LINE ITEM 1 EA

Electronic Check-In Production Test Test System, including installation and Operations and

Maintenance during the base year - In accordance with Section 3.0 of the Statement of Work

(Option Line Item)

0003 OPTIONAL LINE ITEM 530 EA

Cabinet System (Livescan), including installation and Operations and Maintenance for base year - In accordance with Section 3.0 of the Statement of

Work

The quantity represents an estimated value

PSC 7E20

Firm Fixed Price

(Option Line Item)

120 Days After Award

0004 OPTIONAL LINE ITEM 190 EA

Mobile Biometric System including installation and Operations and Maintenance for base year - In accordance with Section 3.0 of the Statement of

Work

The quantity represents an estimated value

PSC 7E20

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70SBUR22R00000012

Firm Fixed Price

(Option Line Item)

120 Days After Award

0005 OPTIONAL LINE ITEM 140 EA

Card Scanning System, including installation and

Operations and Maintenance for base year - In accordance with Section 3.0 of the Statement of

Work

The quantity represents an estimated value

Firm Fixed Price

(Option Line Item)

120 Days After Award

0006 OPTIONAL LINE ITEM 128 EA

Document Authentication System, including installation and Operations and Maintenance for base year - In accordance with Section 3.0 of the

Statement of Work

The quantity represents an estimated value

PSC 7E20

Firm Fixed Price

(Option Line Item)

120 Days After Award

0007 OPTIONAL LINE ITEM 129 EA

Electronic Check-in System (Kiosk) - In accordance with Section 3.0 of the Statement of

Work

The quantity represents an estimated value

PSC 7E20

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70SBUR22R00000012

Firm Fixed Price

(Option Line Item)

120 Days After Award

0008 OPTIONAL LINE ITEM 741 EA

Iris Camera, including installation and

Operations and Maintenance for base year - In accordance with Section 3.0 of the Statement of

Work

The quantity represents an estimated value

PSC 7E20

Firm Fixed Price

(Option Line Item)

120 Days After Award

0009 Disposal, including installation and Operations 1 LO and Maintenance for base year - In accordance with Section 7.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

1001 Option 1 EA

Cabinet System (Livescan), including installation and Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

1002 Option 1 EA

Mobile Biometric System, including installation

Continued ...

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

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

70SBUR22R00000012

and Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

1003 Option 1 EA

Card Scanning System, including installation and

Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

1004 Option 1 EA

OPTIONAL LINE ITEM

Document Authentication System, including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

1005 Option 1 EA

OPTIONAL LINE ITEM

Electronic Check-in System (Kiosk), including

Continued ...

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

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

70SBUR22R00000012

installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

1006 Option 1 EA

OPTIONAL LINE ITEM

Iris Camera, including installation and

Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

1007 Option 1 12 MO

Operations and Maintenance (O&M) Support, including installation and Operations and

Maintenance, in accordance with the Statement of

Work

Livescan systems shall include no less than a standard commercial One (1) year warranty from the installation date. Period of Performance for

O&M to start one (1) year after installation of systems.

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2023

Continued ...

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

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

70SBUR22R00000012

2001 Option 2 EA

Cabinet System (Livescan), including installation and Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2002 Option 2 EA

Mobile Biometric System, including installation and Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2003 Option 2 EA

Card Scanning System, including installation and

Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2004 Option 2 EA

OPTIONAL LINE ITEM

Document Authentication System, including

Continued ...

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

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

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installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2005 Option 2 EA

OPTIONAL LINE ITEM

Electronic Check-in System (Kiosk), including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2006 Option 2 EA

OPTIONAL LINE ITEM

Iris Camera, including installation and

Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

2007 Option 2 12 MO

Operations and Maintenance (O&M) support for

Continued ...

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Biometric (Live-Scan) Systems, including but not limited to Cabinet Version, Card Scan Version, Mobile Version and Document Authentication

System, Electronic Check-in System and Iris

Camera (if applicable). Services shall cover all systems (peripherals included) purchased and installed under the terms and conditions of this contract. O&M includes all tasks identified under

Section 11.0 of the SOW.

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2024

3001 Option 3 EA

Cabinet System (Livescan), including installation and Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

3002 Option 3 EA

Mobile Biometric System, including installation and Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/25/2025

Continued ...

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

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3003 Option 3 EA

Card Scanning System, including installation and

Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

3004 Option 3 EA

OPTIONAL LINE ITEM

Document Authentication System, including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

3005 Option 3 EA

OPTIONAL LINE ITEM

Electronic Check-in System (Kiosk), including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

Continued ...

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

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3006 Option 3 EA

OPTIONAL LINE ITEM

Iris Camera, including installation and

Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

3007 Option 3 12 MO

Operations and Maintenance (O&M) support for

Biometric (Live-Scan) Systems, including but not limited to Cabinet Version, Card Scan Version, Mobile Version and Document Authentication

System, Electronic Check-in System and Iris

Camera (if applicable). Services shall cover all systems (peripherals included) purchased and installed under the terms and conditions of this contract. O&M includes all tasks identified under

Section 11.0 of the SOW.

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2025

4001 Option 4 EA

Cabinet System (Livescan), including installation and Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

Continued ...

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

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(Option Line Item)

05/15/2026

4002 Option 4 EA

Mobile Biometric System, including installation and Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2026

4003 Option 4 EA

Card Scanning System, including installation and

Operations and Maintenance for 12 months following installation,, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2026

4004 Option 4 EA

OPTIONAL LINE ITEM

Document Verification (DV) System, including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2026

Continued ...

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4005 Option 4 EA

OPTIONAL LINE ITEM

Electronic Check-in System (Kiosk), including installation and Operations and Maintenance for

12 months following installation, in accordance with Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2026

4006 Option 4 EA

OPTIONAL LINE ITEM

Iris Camera, including installation and

Operations and Maintenance for 12 months following installation, in accordance with

Section 3.0 of the Statement of Work

PSC 7E20

Firm Fixed Price

(Option Line Item)

05/15/2026

4007 Option 4 11 MO

Operations and Maintenance (O&M) support for

Biometric (Live-Scan) Systems, including but not limited to Cabinet Version, Card Scan Version, Mobile Version and Document Authentication

System, Electronic Check-in System and Iris

Camera (if applicable). Services shall cover all systems (peripherals included) purchased and installed under the terms and conditions of this contract. O&M includes all tasks identified under

Section 11.0 of the SOW.

Firm Fixed Price

Continued ...

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PSC 7E20

(Option Line Item)

05/15/2026

5001 Option 5 12 MO

Operations and Maintenance (O&M) support for

Biometric (Live-Scan) Systems, including but not limited to Cabinet Version, Card Scan Version, Mobile Version and Document Authentication

System, Electronic Check-in System and Iris

Camera (if applicable). Services shall cover all systems (peripherals included) purchased and installed under the terms and conditions of this contract. O&M includes all tasks identified under

Section 11.0 of the SOW.

Firm Fixed Price

PSC 7E20

(Option Line Item)

05/14/2027

Dates for Optional CLINs are estimated option exercise dates and will be updated at time of award.

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

U.S. Citizenship and Immigration Services (USCIS) Livescan Equipment Purchase And

Operations & Maintenance (O&M) Support

70SBUR22R00000012

PART II

SECTION A – SF-1449

SECTION B- CONTINUATION OF ANY BLOCKS FROM SF-1449

See “Offeror Pricing Template,” Attachment F (title will change to “Pricing Schedule” upon award).

The IDIQ minimum is $50,000.00.

SECTION C –CONTRACT CLAUSES

Federal Acquisition Regulation (FAR) clauses Incorporated by Reference

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 these addresses:

http://www.acquisition.gov/far.

(End of Clause)

FAR Clause Title and Date

52.202-1 Definitions (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-16 Preventing Personal Conflict of Interest (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services (Nov 2021) 52.217-6 Option for Increased Quantity fill-in: 15 days prior to expiration of contract effective period (Mar 1989) 52.223-10 Waste Reduction Program (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984)

52.227-16 Additional Data Requirements (Jun 1987) 52.227-17 Rights in Data – Special Works (Dec 2007) 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) 52.228-10 Vehicular and General Public Liability Insurance (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop work (Aug 1989) 52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges (Apr 2012) 52.247-34 F.O.B. Destination (Nov 1991) 52.253-1 Computer Generated Forms (Jan 1991)

Federal Acquisition Regulation (FAR) Clauses Incorporated In Full Text

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEVIATION 2020-05)

(a) Definitions. As used in this clause— “Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky

Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal

Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-25 DEVIATION PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (May 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

2015).

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

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

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

__ (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. (NOV

2021) ( 31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV

2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

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

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 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 (SEP 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

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

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

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

__ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

X (35) (i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

13627).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN

2014) (E.O.s 13423 and 13514).

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

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

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

__ (ii) Alternate I (JUN 2014) of 52.223-16.

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

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 1 9 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

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

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

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

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

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

__ (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) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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

X (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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

13706).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

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

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

(iv) 52.