70Z04421Q21001300 P0002 FINAL.docx

70Z04421Q21001300 Amendment 00002

*Changes are highlighted in Yellow

Remote Mission System Alaska Detachments Helicopter Transportation Services

Issued by:

United States Coast Guard Command, Control, Communications, and Cyber Intelligence Service Center (C5ISC), CG-9143 (formerly C3CEN/C4IT-SC) 4000 Coast Guard Boulevard Portsmouth, VA 23703

Quote Due Date/Time: August 10, 2021 at 12:00 PM Eastern Standard Daylight Time

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests USCG procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

PART 1 – General Information

i. This is a combined Synopsis/Solicitation. This acquisition is being conducted as 100% Total Small Business Set-Aside for commercial items or services prepared in accordance with the FAR Parts 12 and 13.5, as appropriate. In accordance with FAR 12.603, streamlined procedures will be used for this acquisition.

This announcement constitutes the only solicitation; quotes are being requested; and a separate written solicitation will not be issued for this combined synopsis/solicitation.

The solicitation number is 70Z04420Q20001300 for the United States Coast Guard C5ISC, CG-9143 of the Department of Homeland Security for Remote Mission Systems (RMS) ALASKA Detachment On-Call Helicopter Services.

ii. The Government intends to contract a time and material (T&M) multiple award(s) up to (4) four separate contractor divided into individual Areas Of Responsibility for Remote Mission Systems (RMS) ALASKA Detachment Helicopter Services in accordance the Performance Work Statement, Attachment 1.

iii. The Contractor shall perform the work on a Time and Material (T&M) basis.

iv. For the offer(s) that are selected for an award, prices will remain in effect for the base period of the contract, as well as subsequent option years if the option is exercised. No adjustments to prices will be made except as otherwise permitted in the solicitation specifications. Renewal of the option(s) is at the option of the Government and this should be given careful consideration for costs that may impact operation of your aircraft over the five-year period that a contract could extend.

v. 52.212-1, Instructions to Offerors and Evaluation, provides how proposals shall be submitted and evaluated. Prior to submission of proposal, please check to see that all information requested is provided with the proposal(s) submission. Failure to include the information identified may adversely affect the evaluation of any proposals

vi. If after reading the request for quote, questions are accepted in writing only. Submit Questions to Ted.Araya@uscg.mil and Katherine.M.Kearney@uscg.mil by close of business August 6, 2021.

vii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2021-02 and 2021-02.

viii. The North American Industrial Classification System (NAICS) number is 481211 Nonscheduled Charter Passenger Air Transportation. The business size standard is 1500 employees. The proposed acquisition is 100% Total Small Business Set-Aside.

ix. CLIN Structure:

The pricing of individual contract(s) will be governed by the Price Schedule rates in effect on the day of issuance of the contract and all Price Schedule(s) rates will govern until the end of performance under that contract. All awarded contracts will be for one (1) base period and four (4) option periods.

x. Estimated total value of all 5-year contract(s)s combined is $2,678,998. The Government reserves the right to increase the scope of the value of the contract(s) by 100% at any time during the period of the awarded contract(s) (base and option periods) upon providing a 30-day notice to the contractor(s),

vi. Description of Requirement: The Government requires the contractor(s) to provide the U.S. Coast Guard Rescue 21 Command, Control, Communications, Cyber Intelligence Service Center (C5ISC) Detachment Alaska (R21 DD AK) “call when needed” helicopter services for the transportation of personnel, equipment and supplies in Juneau, Kodiak, Ketchikan, and Anchorage, Alaska Areas Of Responsibility (AORs) in accordance the Performance Work Statement PART 4, for five (5) years, one (1) year base period plus four (4) one-year options.

This is a commercial item acquisition in accordance with FAR Part 12 and FAR Part 13.5, as appropriate. The services to be provided under the contract are considered commercial as defined by FAR Subpart 2.101.

vii The Contractor shall provide helicopter transportation services to include labor, facilities, and travel for five (5) years, one (1) year base period plus four (4) one-year options.

Base Period 30 August 2021 – 29 August 2022 Option Year 1: 30 August 2022 – 29 August 2023 Option Year 2: 30 August 2023 – 29 August 2024 Option Year 3: 30 August 2024 – 29 August 2025 Option Year 4: 30 August 2025 – 29 August 2026 viii The provision at FAR 52.212-1 Instructions to Offerors – Commercial Items (June 2020) applies to this acquisition and is further tailored in PART 5 of this combined synopsis/solicitation.

ix The provision at FAR 52.212-2 Evaluation – Commercial Items (Oct 2014) applies to this acquisition and is further tailored in PART 5 of this synopsis/solicitation.

x. The provision at FAR 52.212-3 Offeror Representations and Certification – Commercial Items (Aug 2020) applies to this acquisition; Offerors shall include a completed copy of the provisions at 52.212-3 with its offer.

The offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of the provision. The full text of this provision is available at http://www.acquisition.gov/far.

xi The Clause at FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) is applicable to this acquisition and additional addenda are contained herein.

xii The Clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Aug 2020) is applicable to this contract and is further clarified in PART 3 of this synopsis/solicitation.

xiii Additional terms and conditions applicable to this acquisition are contained herein.

xiv The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

xv It is the offeror’s responsibility to ensure their offer is received (in total) by the quote due date of August 10, 2021 by 12:00 PM Eastern Standard Daylight Time. Offerors are hereby notified that if your quote is not received by the date, time and location specified (see below) in this announcement, it will not be considered.

The quote shall be submitted electronically via the e-mail addresses below:

E-Mail to Ted.Araya@uscg.mil (Contracting Officer) and Katherine.M.Kearney@uscg.mil (Contracting Specialist) (if e-mail attachments are under 10MB).

Note: For security reasons, attachments to e-mails should be less than 10MB and USCG policy does not allow receipt of WinZip files via e-mail.

xvi It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in this solicitation. All questions and/or concerns regarding this solicitation shall be submitted via e-mail to the Contract Specialist at Katherine.M.Kearney@uscg.mil no later than August 6, 2021 at 12:00 PM Eastern. Offerors shall reference the solicitation number and provide enough information in their e-mail so the Government can easily respond to their questions/concerns. Questions/concerns will be compiled and addressed on an “Amendment of Solicitation”. Questions submitted after the specified date run the risk of not being answered.

NOTE: *Only send questions/concerns to the Contract Specialist listed above or, if not available, to the Contracting Officer listed above. DO NOT ask or submit questions/concerns regarding this Solicitation to any other USCG or Government personnel (e.g., COR, program/project manager, requesting unit, etc.).*

PART 2 –Contract Specific Information

1. MAXIMUM CONTRACT(S) CEILING

The total costs considered are derived from the flight hours that will be solicited and awarded to up to (4) four separate contractor(s) divided into individual Areas Of Responsibility (AORs) for Remote Mission Systems (RMS) ALASKA Detachment Helicopter Services under solicitation 70Z04421Q21001300 not to exceed the combined maximum cumulative dollar amount of $2,678,998. The Government reserves the right to increase the ceiling at any time during the performance period by 100% within 30 days of written notice to the awardee(s). The proposed contract(s) will be for (5) five years, (1) one year base period plus four (4) one-year options. The total price proposed for flight and standby rates shall include all costs for performance under the contract(s). The quoted price for flight time for each AOR shall be from the departure points listed per AOR. Additional flight origination points will be discussed, on a case-by-case basis, between the Contractor and the COR.

The AOR’s not to exceed amounts are as follows for the initial awards:

· Juneau, AK AOR $558,860

· Kodiak, AK AOR $452,993

· Anchorage, AK AOR $864,062

· Ketchikan, AK AOR $803,083

The contract(s) issued shall not exceed the total Maximum Contract Ceiling of $2,678,998 or any increased ceiling amount by bilateral agreement between the parties up to 100%. The contract will remain in place until the Maximum Contract Ceiling has been used in its entirety or until the contract period ends, whichever occurs first.

Note: . The Government reserves the right to increase the scope of the value of the contract(s) by 100% at any time during the period of the awarded contract(s) (base and option periods) upon providing a 30-day notice to the contractor(s),

2. INVOICING and PAYMENT INSTRUCTIONS

Invoicing for Time-and-Materials Invoices and required supporting documentation for time-and-materials contracts(s) shall be submitted and paid pursuant to FAR Clause 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts and FAR Clause 52.232-25, Prompt Payment.

Proper Invoice A proper invoice shall include the information contained in FAR Clause 52.232-25(a)(3), any required information/documentation required by FAR Clause 52.232-1 or 52.232-7, (if applicable), and the Contractor’s Data Universal Numbering System (DUNS) number.

Improper Invoices If an invoice does not include all the information/items required, then the invoice is not proper and shall be returned to the Contractor and notified in writing or via e-mail of the reason(s) the invoice is not proper.

If an invoice includes all the information/items required, but is inaccurate, then the invoice is not proper and shall be returned to the Contractor and notified in writing or via e-mail of the error(s).

If the Contractor does not have an active and complete registration in the System for Award Management (SAM) database, the invoice will be returned to the Contractor and notified in writing or via e-mail of the issue.

Invoicing Schedule All invoices shall be received by the Contracting Officer (KO) by the last day of the month, and include all flights for that monthly period. Payment will be processed after review and approval by the COR/KO or designated representative.

Invoice Format The invoice format shall provide a summarized total for each destination if there are more than one location per flight instance. The invoice shall show the place of departure, number of flight hours, and total cost for that flight segment.

Submission of Invoices Electronic submission of invoices is mandatory for this contract(s).

The Contractor shall submit all invoices for supplies and/or services via the U.S. Coast Guard Finance Center (FINCEN) website at: www.uscg.mil/fincen

· Click “Vendors” on the left side of the screen and then click “Invoices”.

· Select “Coast Guard vendors” (in the middle of the screen)

· Select “Coast Guard Award Invoices or Contract/Order Invoice” (in the middle of the screen)

· Select “Online: Coast Guard Award Invoices or Contract/Order Invoices” (in the middle of the screen)

· Next, you will be requested to “Please Log In” with your e-mail address and password.

(First time users will need to create a vendor login (click “Create a login”); please reference the “USCG Vendor Electronic Invoice Submissions Quick Reference Guide” located on the same web page for additional information.)

· Once you have logged in, follow the instructions to complete the “Contractor Invoice Submission Form” and submit your invoice.

The electronic submission requires the contractor to:

· Complete the “Contractor Invoice Submission Form” (which is available after you log in to the website)

· Select the correct Invoice Routing Code, which is C3CEN (the Contractor shall select the correct Invoice Routing Code for timely invoice processing.)

· Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.)

· If your single PDF file is larger than 3 MB, complete the “Contractor Invoice Submission Form” via the FINCEN website and attach the invoice document only. E-mail all supporting documentation to the Contract Specialist/Contracting Office and COR below.

In addition, the Contractor shall send a copy of the invoice and all supporting documentation via e-mail to the Contract Specialist, Contracting Officer, and COR at the e-mail addresses cited below:

Contract Specialist: Katherine.M.Kearney@uscg.mil Contracting Officer: Ted.Araya@uscg.mil COR: The COR’s e-mail address will be provided in the COR Appointment Memorandum

PART 3 – Clauses

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE

FAR 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): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of Clause)

Fill-In: 52.203-14 (b)(3): Poster(s) / Obtain from:

DHS OIG Hotline Poster https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg

52.215-14 Alternate I Integrity of Unit Prices. (OCT 2010) with Alternate I (OCT 1997)

Fill-In: 52.216-7 (a)(3): The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

Fill-In: The Contracting Officer may exercise the option by written notice to the Contractor before the contract period of performance ends.

52.227-14 Alternate IV Rights in Data—General. (MAY 2014) with Alternate IV (DEC 2007)

(The clause is not applicable to time-and-materials contracts.)

(The clause is not applicable to firm-fixed-price task orders.)

Fill-In: 52.232-7 (h)(2): The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

(The clause is not applicable to time-and-materials contracts.)

(The clause is not applicable to time-and-materials contracts.)

(The clause is not applicable to firm-fixed-price contract.)

52.249-6 Alternate IV Termination (Cost-Reimbursement). (MAY 2004) with Alternate IV (SEPT 1996) (The clause with Alternate IV is applicable to time-and-materials contracts.)

(The clause is not applicable to firm-fixed-price contracts.)

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED IN FULL TEXT

FAR Clause 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

(End of Clause)

FAR Clause 52.204-1, Approval of Contract (DEC 1989) This contract is subject to the written approval of Contracting Officer for the U.S. Coast Guard, CG-9143 and shall not be binding until so approved.

(End of Clause)

FAR Clause 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause–

· “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

· “Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

· “Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

· “Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

· “Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

a. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

6. (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

6. (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

6. (iii) Verify and control/limit connections to and use of external information systems.

6. (iv) Control information posted or processed on publicly accessible information systems.

6. (v) Identify information system users, processes acting on behalf of users, or devices.

6. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

6. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

6. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

6. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

6. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

6. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

6. (xii) Identify, report, and correct information and information system flaws in a timely manner.

6. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

6. (xiv) Update malicious code protection mechanisms when new releases are available.

6. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

a. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

FAR Clause 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (JUL 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

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

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

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

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

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

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (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 (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).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

_X_ (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 (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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

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

__ (30)

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

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

__ (31)

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

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

__ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

X__ (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).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (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 (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated 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).

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 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 (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 (Nov2007) (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 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 (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 (FEB 2006) ( 46 U.S.C. 55305 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.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (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) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- X (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)).

X (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).

X (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.

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

X (vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

X (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

X (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 (May2014) (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).

X (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

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

X (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).

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

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

(End of clause)

FAR 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 at any time during the contract ordering period.

(End of Clause)

FAR Clause 52.219-28, POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f)…