70T04019R9DAP3003_A00003_Track_Changes.docx

Transportation Security Administration

Integrated Logistics Support (ILS) Contract

70T04019R9DAP3003

Transportation Security Administration Passenger Screening Program

(Sep 2012)………………………………………………………………………………………………………. 29

PART A– SCHEDULE OF SUPPLIES/SERVICES

(CONTINUATION OF SF 1449, BLOCK 20)

A.1 General Description The Contractor shall provide the Integrated Logistics Services (ILS) services as described in Part C, Performance Work Statement, in accordance with the pricing set forth in Part A, Schedule of Supplies/Services.

A.2 Contract Pricing The contract line items numbers (CLINs) in accordance with the CLIN Numbering Structure in Paragraph A.2.1 of this Part, shall be used for development of invoices in accordance with B.3.4.7, Development of Invoices, of Part B, Contract Clauses. Sustainment services subCLINs shall be based on fixed unit pricing, Program Support CLINs shall be fixed price, and Provisional Items shall be priced in accordance with Paragraphs A.2.2 through A.2.4, as applicable.

A.2.1 Pricing Schedule and CLINs A.2.1.1 Base Period (Transition) The base period is comprised of the Transition Period and pricing shall include all costs required to ensure a smooth transfer of operations at midnight, EST, on January 31, 2020. The transition period does not include Preventive Maintenance (PM), Corrective Maintenance (CM), Radiation Surveys (RS), Radioactive Leak Tests (RLT), or any parts or consumables associated with those maintenance actions.

A.2.1.2 Option Periods 1 Through 5 The Pricing Schedule quantities represent estimated quantity counts for each Period. Payment will be based on actual quantities deployed and operated in the field. All equipment maintenance shall be conducted by Original Equipment Manufacturer (OEM) certified technicians using OEM Master Configuration Item List (MCIL) repair parts.

(Note 1)

Subtotal CLIN 10001

(Monthly)

Subtotal CLIN 10002

FFP/T&M

NTE

NTE

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 1,500,000.00

$ 0.00

FUP

NTE

NTE

$ 15,000,000.00

FFP/T&M

NTE

Hour

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 500,000.00

FUP

NTE

EA

$ 50,000.00

FUP

NTE

NTE

$ 18,000,000.00

Subtotal CLIN 10003

OPTION PERIOD 1 TOTAL

Note 1. Quantities listed for CLIN 10001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.7, Development of Invoices, of Part B.

(Note 1)

Subtotal CLIN 20001

Subtotal CLIN 20002

FFP/T&M

NTE

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 1,500,000.00

$ 0.00

FUP

NTE

NTE

$ 15,000,000.00

FFP/T&M

NTE

Hour

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 500,000.00

FUP

NTE

EA

$ 50,000.00

FUP

NTE

NTE

$ 18,000,000.00

Subtotal CLIN 20003

OPTION PERIOD 2 TOTAL

Note 1. Quantities listed for CLIN 20001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.7, Development of Invoices, of Part B.

(Note 1)

Subtotal CLIN 30001

Subtotal CLIN 30002

FFP/T&M

NTE

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 1,500,000.00

$ 0.00

FUP

NTE

NTE

$ 15,000,000.00

FFP/T&M

NTE

Hour

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 500,000.00

FUP

NTE

EA

$ 50,000.00

FUP

NTE

NTE

$ 18,000,000.00

Subtotal CLIN 30003

OPTION PERIOD 3 TOTAL

Note 1. Quantities listed for CLIN 30001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.7, Development of Invoices, of Part B.

(Note 1)

Subtotal CLIN 40001

Subtotal CLIN 40002

FFP/T&M

NTE

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 1,500,000.00

$ 0.00

FUP

NTE

NTE

$ 15,000,000.00

FFP/T&M

NTE

Hour

$ 1,000,000.00

FFP/T&M

NTE

NTE

$ 500,000.00

FUP

NTE

EA

$ 50,000.00

FUP

NTE

NTE

$ 18,000,000.00

Subtotal CLIN 40003

OPTION PERIOD 4 TOTAL

Note 1. Quantities listed for CLIN 40001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.7, Development of Invoices, of Part B.

(Note 1)

Subtotal CLIN 50001

Subtotal CLIN 50002

FFP/T&M

NTE

$ 650,000.00

FFP/T&M

NTE

NTE

$ 1,000,000.00

$ 0.00

FUP

NTE

NTE

$ 5,000,000.00

FFP/T&M

NTE

Hour

$ 650,000.00

FFP/T&M

NTE

NTE

$ 300,000.00

FUP

NTE

EA

$ 30,000.00

FUP

NTE

NTE

$ 12,000,000.00

Subtotal CLIN 50003

OPTION PERIOD 5 TOTAL

Note 1. Quantities listed for CLIN 50001 represent estimated quantity counts for the Option Period. Payment will be based on actual quantities deployed and operated in the field in accordance with Section B.3.4.7, Development of Invoices, of Part B.

A.2.2 Fixed Unit Price CLINs A.2.2.1 Sustainment of TSE (CLIN X0001) The Contractor shall provide the labor, materials and support equipment to provide sustainment of Transportation Security Equipment (TSE) in accordance with the requirements set forth in Part C, Performance Work Statement. All maintenance, repair and other related actions to sustain TSE will be included in the fixed unit pricing established in Section A.2.1, Pricing Schedule, of this Part. It is the Government’s intent that the daily rate of fixed unit pricing proposed by the Contractor for TSE Sustainment Services include all estimated costs for preventive and corrective maintenance as defined in C.8.1, Preventive Maintenance (PM), C.8.2 Radiation Surveys (RS) and Radioactive Leak Tests (RLT), and C.8.3, Corrective Maintenance (CM), of Part C, during the period of performance identified.

There are predictable National Security Special Events (NSSE) designated by the Secretary of Homeland Security that shall be considered within the scope of this contract and covered within CLIN X0001. Examples include, but are not limited to, presidential inaugurations, major international summits held in the United States, major sporting events, and presidential nominating conventions. These events cause a temporary period of significantly increased passenger enplanements at affected locations, provide unique security challenges, and are highly visible to the nation’s leadership and members of the press. It is incumbent upon the Contractor to provide enhanced maintenance support during these periods, and the Contractor shall ensure that sufficient staffing and parts support are available and in place to support these events. The Contractor shall coordinate with local TSA, the Contracting Officer’s Representative (COR), and the Contracting Officer (CO) to establish and implement enhanced support for these locations for any event officially deemed an NSSE by the Federal Government. Support plans shall be prepared and submitted in accordance with Contract Data Requirements List (CDRL) A027, Holiday and NSSE Support Plans.

Fixed-unit pricing for sustainment of TSE shall not include requirements as defined in C.8.4, Catastrophic Response and Additional Support, of Part C. The sustainment services fixed unit price CLIN structure is designed to provide flexibility to the Government in order to accommodate differing quantity amounts throughout the life of the contract. Unit pricing for CLIN X0001 only applies to deployed, in-service TSE, as defined in Section C.8.8, Deployed Equipment, of Part C, that are not covered under the manufacturer’s warranty and unit quantity totals may fluctuate in any given month. The TSA continues to evaluate the use of all TSE deployed in the field and reserves the right to move, remove, or add any technology/model of equipment to any federal airport or TSA designated facility required to meet TSA’s constantly evolving screening objectives and policies. For example, older models of technology may be gradually reduced or completely removed as newer versions of the same technology are acquired and deployed. This is just one example of how the quantity of a particular technology may fluctuate with the evolving security needs of TSA and the individual airports. The Government reserves the right to modify or discontinue the phase out process as it deems necessary in such instances. Accordingly, the Contractor shall provide fixed unit prices for the TSE identified in Section A.2.1, Pricing Schedule, of this Part, accounting for this dynamic and shall invoice using the procedures set for in Section B.3.4.7, Development of Invoices, of Part B.

Further, TSA reserves the right to modify the contract to include provisions for new equipment and future technologies not listed in Section A.2.1, Pricing Schedule, of this Part, as they are procured and deployed.

A.2.2.2 Preventive Maintenance (PM) Consumables Pricing (CLIN X0003AD) The following fixed unit prices shall apply when ordering PM consumables, in accordance with Section C.8.6.2, Preventive Maintenance (PM) Consumables, of Part C. The CO will notify the Contractor in writing of additional consumables required to support newly fielded technologies, and negotiated prices will be implemented via a modification. The Contractor shall notify the CO and COR of any changes to Part Numbers by the Original Equipment Manufacturer (OEM) or other approved sources.

Smiths Detection 500DT ETD

Smiths Detection Responder BLS

L-3 QS-B220

Sample Traps, 100 per can

Calibration Traps, 25 per can

N/A

Sieve Canister, 4-pack (with replaceable filter)

N/A

Cabinet Fan Filters, pkg of 5

Cotton Swabs, low-lint, pkg of 100

Cotton Swabs, low-lint, pkg of 100

Nitrile Gloves, box of 100, medium

Nitrile Gloves, box of 100, large

A.2.2.3 Radioactive Leak Tests in TSALC (CLIN X0003AG) CLIN X0003AG shall include all program related costs required to perform the requirements in Section C.8.2, Radiation Surveys (RS) and Radioactive Leak Tests (RLT), of Part C for units in storage in the TSALC.

A.2.2.4 Emerging Technologies (CLIN X0003AH) CLIN X0003AH’s Not to Exceed (NTE) value is included in this contract to allow post-warranty maintenance support for new, emerging technologies the TSA may procure, deploy, utilize, and maintain. TSA may or may not deploy new technologies during the option periods of this Contract and may or may not include post-warranty maintenance on this Contract. Maintenance for any emerging technologies will be negotiated as required.

A.2.3 Firm Fixed Price (FFP) CLINs A.2.3.1 Sustainment Support Program Management (CLIN X0002AA) CLIN X0002AA shall include all program management related costs required to perform the requirements in Section C.7, Sustainment Support Program Management, of Part C, including submission of CDRLs as required in Section C.3, Document Submission and Compliance, of Part C. This CLIN shall also include costs for other sustainment support requirements, such as management of the maintenance consumables ordering system set forth in Section C.8.6.2, Preventive Maintenance (PM) Consumables, of Part C.

A.2.3.2 TSA Service Response Center (TSRC) Operations (CLIN X0002AB) CLIN X0002AB shall include all costs to support TSRC operations as defined in Section C.8.12, TSA Service Response Center, of Part C.

A.2.4 Provisional Items CLINs A.2.4.1 Ancillary Logistics Service (CLIN X0003AA) The Government is establishing a provisional CLIN for logistics related ancillary services that may be utilized on an as needed basis via modification to this contract. The Contracting Officer may use Firm Fixed Price (FFP) and Time and Materials (T&M) pricing as appropriate for each action. The Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.2.5, Labor Categories for Services, on a FFP or T&M basis, which shall be specified by the Contracting Officer as set forth in Section B.3.4.8, Ordering – Provisioned, of Part B. The Contractor shall utilize the unit pricing established in Section A.2.2.2, Preventive Maintenance (PM) Consumables Pricing, to the maximum extent practical, as appropriate.

For T&M orders, the Contractor will be reimbursed for all allowable, allocable and reasonable costs for Materials and Travel in accordance with Federal Acquisition Regulation (“FAR”) 31.2, Contracts with Commercial Organizations, and the Federal Travel Regulations (FTR). No profit or fee will be paid on costs for Materials and Travel.

A.2.4.2 Catastrophic Response and Additional Support (CLIN X0003AB) The Government is establishing a provisional CLIN in the event TSA requires the Contractor to respond to events outside the scope of CLIN X0001, Sustainment of TSE. The scope of this CLIN is limited to catastrophic events such as acts of nature (e.g. earthquake, hurricane, or flood damage), criminal actions (e.g. terrorist attacks), and facility mishaps (e.g. water pipe breakage damage or facility fires). The purpose of this CLIN is to allow the Government to quickly respond to emergency situations and events where requirements could not be reasonably planned for but services are required immediately. The CO will determine whether the nature of the occurrence does or does not provide the opportunity to estimate accurately the extent or duration of the work. Based on the time available to reasonably anticipate costs, the CO may authorize the Contractor to perform services on an FFP or T&M basis.

To ensure the rapid response required in these situations, the Contractor shall provide a written Rough Order of Magnitude (ROM) estimate within 24 hours of being notified of the requirement by the CO. The Government may authorize work to begin while the ROM is being generated or as prices are being negotiated.

The Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.2.5, Labor Categories for Services, of this Part, and utilize the unit pricing established in Section A.2.2.2, Preventive Maintenance (PM) Consumables Pricing, of this Part, to the maximum extent practical. The Contractor will be reimbursed for all allowable, allocable and reasonable costs for Materials and Travel in accordance with FAR 31.2, Contracts with Commercial Organizations, and the FTR. No profit or fee will be paid on costs for Materials and Travel.

A.2.4.3 RESERVED (CLIN X0003AC)

A.2.4.4 Supplemental Support (CLIN X0003AE) There may be infrequent, unpredictable events that require additional support but are not officially deemed as NSSE. The Contractor shall ensure that sufficient surge capacity to provide labor and material in support of these events is available. Although it is incumbent upon the Contractor to meet the Service Level Agreements at affected airports in accordance with the base contract at all times, in these instances additional support may be procured on a Firm Fixed Price basis by the TSA via modification. The hourly rate proposed by the Contractor in these cases shall be fully burdened and include materials and travel costs in accordance with FAR 31.2, Contracts with Commercial Organizations and the FTR.

A.2.4.5 Emerging IT Requirements (CLIN X0003AF) The Government is establishing provisional CLIN X0003AF in the event TSA requires the Contractor to respond to emergent IT requirements. The purpose of this CLIN is to allow the Government to quickly respond to unforeseen IT compliance requirements that are not addressed in this Contract. The CO will determine if a requirement qualifies under this CLIN, and whether the requirement does or does not provide the opportunity to estimate accurately the extent or duration of the work.

Based on the time available to reasonably anticipate costs, the CO may authorize the Contractor to perform services on an FFP or T&M basis.

A.2.5 Labor Categories for Services (CLINs X0003AA and X0003AB) The Contractor shall, when so ordered by the Government via modification, provide the necessary management, labor, facilities, materials and supplies to perform the tasks for CLINs X0003AA and X0003AB. Each modification will be issued pursuant to and within the scope of Section C, Performance Work Statement. As needed by the Government, the Contractor shall provide these CLINs on an FFP or T&M basis, both only utilizing the labor categories and fully burdened labor rates established below in the contract.

The following labor rates are fully burdened with Overhead, General and Administrative Costs, Profit/Fee and any appropriate Escalation charges. These rates shall apply for all the option periods as shown below.

Labor Rates

The Government reserves the right to add additional labor categories as necessary and to issue modifications under CLINs X0003AA and X0003AB. The final CLIN type will be specified in each individual modification (see Section B.3.4.8, Ordering – Provisioned, of Part B for ordering procedures).

A.2.6 Disincentives The Reliability, Maintainability, and Availability (RMA) performance of TSE is critical to TSA. Therefore, performance disincentives will be imposed to ensure that the Contractor meets the Service Level Agreements (SLA) set forth in Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, of Part C. TSA will calculate RMA data as applicable in accordance with Attachment D-3, Reliability, Maintainability, and Availability Terms and Definitions and Attachment D-7, Service Level Agreement Performance Metrics. Attachment D-3 provides common metrics across all maintenance contracts. Attachment D-7 provides specific direction for this contract, and if the attachments appear to conflict, Attachment D-7 takes precedence. Any disincentives will be applied to invoices in accordance with Section B.3.4.7, Development of Invoices, of Part B.

A.2.6.1 Operational Availability (Ao) Disincentives For any ‘airport – technology’ (e.g. an airport’s ETDs, AT X-Ray, AT X-Ray with ASL, etc.) for which the Ao is not performed within the requirements of Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, of Part C, all TSE in the ‘airport-technology’ shall be decremented by 10% for the applicable month.

A.2.6.2 Preventive Maintenance Disincentive For each applicable TSE for which the Preventive Maintenance is not performed within the requirements of Section C.8.1.2.2 PM Periodicity Requirements, the Contractor shall decrement each TSE by 10% beginning in the month missed, in accordance with Section B.3.4.7.2, Preventive Maintenance Disincentive.

A.3 Period of Performance The total period of performance of the effort required by this contract shall be one (1) base period and five (5) option periods from date of award as described below. The base period shall represent the transition period for this contract.

A.4 Place of Performance The Places of Performance include the locations of deployed security screening equipment identified in Attachment 1 of Part D.

(End of Part A)

PART B – CONTRACT CLAUSES

(CONTINUATION OF SF 1449, BLOCK 27)

B.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/

52.212-4 Contract Terms and Conditions – Commercial Items (Alternate I)

Jan 2017

Contracts

Aug 2012

B.1.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2019)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] x (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (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 (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

x (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

x (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

x (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

x (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

x (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

x (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

x (ii) Alternate I (Feb 1999) of 52.222-26.

x (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

x (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

x (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

x (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

x (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 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.)

x (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (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.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

x (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

x (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (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:

x (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) x (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

x (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

x (4) 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).

x (5) 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).

x (6) 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 (7) 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 (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 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 (Jan 2019) (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) 52.219-8, 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(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 (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (Dec 2015).

(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. (May 2014) (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.

B.1.3 52.217-8 Option to Extend Services (Nov 1999) The…