Attachment 14-Rev.pdf

Amendment 0003 (Attachment 14, Revised)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08421RBHQ01700

6. SOLICITATION

ISSUE DATE

01/14/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Barbara Spruill, Contractor

b. TELEPHONE NUMBER (No collect calls)

757-628-4159

8. OFFER DUE DATE/

LOCAL TIME

02/11/2021 03:00 PM, Eastern

9. ISSUED BY CODE 84

United States Coast Guard

DOL-95

300 East Main Street, Suite 965 Norfolk, VA 23510

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A)

NAICS: 332313

SIZE STANDARD: 500 Employees

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

(Location identified on Individual Orders)

16. ADMINISTERED BY CODE 84

(See Block 9)

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE 51800

Commanding Officer CG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0624

PHONE: (800) 564-5504 FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

BELOW IS CHECKED

SEE ADDENDUM: CONTINUED ON PAGES 4 & 5

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Provide Buoy Overhaul/Maintenance Services for at U.S. Coast Guard Regions One, Two, Three, Four and Five with a base period beginning on or about 03 March 2021 through 03 March 2022, with (4) 12-month options periods; if exercised by the Government ending 03 March 2026.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1 AND 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE / ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

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

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Darryl Person Contracting Officer

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

RFP 70Z08417RBHQ01700 PAGE 2 of 42

BUOY OVERHAUL AND MAINTENANCE OF ATON BUOYS FOR REGIONS ONE (1), TWO (2),

THREE (3) FOUR (4) AND FIVE (5)

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 U.S. Coast Guard 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 a Coast Guard 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.

RFP 70Z08417RBHQ01700 PAGE 3 of 42

ATTENTION TO OFFERORS

U.S. Coast Guard (USCG) Office of Procurement and Contracting Division (DOL-95) invites you to submit an offer via the Acquisition of Commercial Items and (Federal Acquisition Regulation [FAR] Parts 12, 15 and 19), to provide commercial Buoy Overhaul and Maintenance Services for Aids to Navigation (ATON) Buoys at USCG Regions 1, 2, 3, 4, and 5. Regions are identified as follows:

Region 1 - Southwest (District 11): Primary locations include San Francisco and San Pedro, CA;

Region 2, Northeast (District 1): Primary locations include South Weymouth, MA, South Portland, ME, Newport, RI, Bayonne, NJ and Long Island Sound, NY;

Region 3, Mid-Atlantic (District 5): Primary locations includes Portsmouth, VA, Baltimore, MD, Atlantic Beach, NC and Philadelphia, PA;

Region 4, Southeast (Districts 7 and 8): Primary locations include Key West, Jacksonville, Pensacola and St.

Petersburg, Florida, Charleston, SC, Mobile, AL and Galveston, TX; and

Region 5, Midwest (District 9): Primary locations include Milwaukee and Sturgeon Bay, Wisconsin, Essexville, Sault Ste Marie, Detroit, Cheboygan, and Port Huron, Michigan, Buffalo, NY and Duluth, MN

This requirement is issued as a 100% Small Business Set-Aside IAW FAR 19.5

The North American Industry Classification System (NAICS) code that applies to this Request for Quote (RFP) is 332313 (Plate Work Manufacturing) and its size standard is 500 employees.

These services are being solicited under RFP Number:

70Z08421RBHQ01700

Any and all questions regarding this solicitation shall be submitted in writing via email to the Contract Specialist, Barbara Spruill, barbara.t.spruill@uscg.mil.

PLEASE CAREFULLY READ AND COMPLETE THE ENTIRE SOLICITATION DOCUMENT. The following information is highlighted for your attention:

1. Be sure to complete the SF1449 first page of offer, including appropriate signature.

2. Be sure to complete all required prices set forth in the Schedule of Prices, Unit Price and Total Amount information required.

3. Be sure to read FAR Provisions 52.212-1 Instructions to Offerors -- Commercial Items.

4. Be sure that your offer reaches this office by the time and date specified in Block #8 of the SF1449, and/or any amendments thereto.

DUE DATE:

Offer shall be submitted by 3:00 PM EST Wednesday, January 27, 2021 via email to Barbara Spruill at barbara.t.spruill@uscg.mil. Facsimile submission is not authorized under this announcement.

FAILURE TO COMPLETE THE SOLICITATION DOCUMENTS AND AMENDMENTS AS REQUIRED MAY

RESULT IN DELAY OF AWARD OR DETERMINATION THAT YOUR OFFER IS NOT RESPONSIVE.

RFP 70Z08417RBHQ01700 PAGE 4 of 42

Table of Contents

SECTION B: CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF PRICES (SEE ATTACHMENTS B.1 – B.5)

SECTION C: TERMS AND CONDITIONS

C.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS

C.2 52.203-17 CONTRACT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE

C.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

C.6 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS11

C.7 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

C.8 3052.215-70 KEY PERSONNEL OR FACILITIES……………………………………………………………… ……..13

C.9 ECONOMIC PRICE ADJUSTMENT (EPA) CLAUSE - #2 DIESEL FUEL…………………………………………… ……..13

C10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS

C11 52.216-18 ORDERING

C12 52.216-21 REQUIREMENTS

SECTION D: CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT B.1 SCHEDULE B.1 SCHEDULE OF PRICES, REGION 1

ATTACHMENT B.2 SCHEDULE B.2, SCHEDULE OF PRICES, REGION 2

ATTACHMENT B.3 SCHEDULE B.3, SCHEDULE OF PRICES, REGION 3

ATTACHMENT B.4 SCHEDULE B.4, SCHEDULE OF PRICES, REGION 4

ATTACHMENT B.5 SCHEDULE B.5, SCHEDULE OF PRICES, REGION 5

ATTACHMENT 6 PERFORMANCE WORK STATEMENT (PWS)

ATTACHMENT 7 OVERHAUL OF STEEL OCEAN BUOYS,

SPECIFICATION NO. 507B

ATTACHMENT 8* WD 2015-5563, REVISION 5, DATED 1/10/2018

WD 2015-5537, REVISION 5, DATED 1/10/2018

WD 2015-5637, REVISION 8, DATED 1/10/2018

WD 2015-5613, REVISION 9, DATED 1/10/2018

WD 2015-4265, REVISION 6, DATED 1/10/2018

WD 2015-4341, REVISION 8, DATED 1/10/2018

WD 2015-4233, REVISION 7, DATED 1/10/2018

WD 2015-4005, REVISION 6, DATED 1/10/2018

WD 2015-4047, REVISION 7, DATED 4/12/2018

WD 2015-5693, REVISION 6, DATED 1/10/2018

ATTACHMENT 9** PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT 10, TE-1 PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVEILLANCE PLAN(QASP)

ATTACHMENT 11, TE-2 GOVERNMENT FURNISHED PROPERTY (GFP)

ATTACHMENT 12, TE-3 REQUIRED DELIVERY DAYS

ATTACHMENT 13, TE-4 ESTIMATED COLOR SCHEMES

ATTACHMENT 14, TE-5 FOAM BUOY REPAIR

ATTACHMENT 15, TE-6 FORMS

RFP 70Z08417RBHQ01700 PAGE 5 of 42

THREE (3) FOUR (4) AND FIVE (5)

SECTION E: SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

E.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW

E.5 52.233-2 SERVICE OF PROTEST

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS……………………………………….………………………28

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

E.10 52.212-2 EVALUATION

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

E.3 52.216-1- TYPE OF CONTRACT

E.7 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN-CERTIFICATION

RFP 70Z08417RBHQ01700 PAGE 6 of 42

THREE (3) FOUR (4) AND FIVE (5)

SECTION B – CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: See Supplemental Information below

(1) The Department of Homeland Security, U.S. Coast Guard, DOL 9 COCO, 300 East Main Street, Suite 965, Norfolk, VA 23510-9112 will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to one of the Contracting Officers (KO) listed below. Changes in, or deviations from, the statement of work or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a USCG DOL-9 Contracting Officer.

Contracting Officer: Darryl Person Telephone #: (757) 628-4129 E-Mail: Darryl.Person@uscg.mil

Contracting Officer: Courtney Baker-Williams Telephone #: (757) 628-4042 E-Mail: Courtney.Baker-Williams@uscg.mil

Alternate Contracting Officer(s): Any warranted USCG DOL-9 Contracting Officer

(2) Point of Contact (Contract Specialist): Serves as the point of contact between the Contractor and the Contracting Officer(s); however, this person does not have a warrant that provides the authority to contractually commit the Government.

Barbara T. Spruill, Contractor Telephone #: (757) 628-4159 E-Mail: Barbara.T.Spruill@uscg.mil

Non-Disclosure /Confidentiality/Non-Conflict of Interest Agreement(s):

Barbara T. Spruill, a Government Contractor, employed by Infinity Technologies, LLC will provide primary Contract Specialist services for this procurement. Although Ms. Spruill is assigned as the primary Contract Specialist, please note that Contract Specialist duties may also be performed by Ms. Cynthia Floyd and Mr. James Kanash, also employees of Infinity Technologies, LLC. Non-disclosure agreements between Ms. Spruill, Ms. Floyd, Mr. Kanash, Infinity Technologies, LLC are required in accordance with the Trade Secrets Act as implemented by FAR 9.505-4.

It is the obligation of potential offerors/awardees with concerns of non-disclosure, confidentiality, and conflicts of interest on the part of Infinity Technologies, LLC, Ms. Spruill, Ms. Floyd, and/or Mr. Kanash to contact Infinity Technologies, LLC at the below address, telephone number, or e-mail address to enter into a Non-Disclosure/Confidentiality/Non-Conflict of Interest Agreement(s).

Infinity Technology, LLC 8270 Greensboro Drive, Suite 750 McLean, VA 22102 POC: Ms. Mary Ellen Bell, Project Manager Email: mbell@itllc.com / Telephone Number: (703) 854-1670

RFP 70Z08417RBHQ01700 PAGE 7 of 42

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the Contractor will be made in accordance with:

☒ FAR 52.232-33, Payment by Electronic Funds Transfer – Systems for Award Management, or ☐ FAR 52.232-36, Payment by Third Party

3. INVOICES: Invoices may be submitted after services are received, inspected, and accepted by the government, as denoted on DHS 700-21 Form, Material Inspection and Receiving Report (MIRR).

a. Quarterly ☐

b. Semi-Annually ☐

c. Other ☐ -

4. GOVERNMENT INVOICE: All invoices from the Contractor shall be submitted electronically IAW FAR

52.232-33.

Using Internet Explorer (not Google Chrome, Yahoo, Firefox, etc.) select the link:

http://www.fincen.uscg.mil/electron_cg24.htm

Click Online: Coast Guard Award Invoices or Contract/Order Invoices. This will take you to a login page. Please click on the link for the USCG Vendor Electronic Invoice Submissions Quick Reference Guide which will walk you through the process of creating a login and password needed to electronically submit invoices.

https://www.fincen.uscg.mil/centralinv/USCGVendorElectronicInvoiceSubmissionsQuickReferenceGuide.

pdf

When filling out the Contractor Invoice Submission Form please be sure to select the Invoice Routing Code (SILC PCB-4) so the invoice reaches our office for processing. Please make sure you insert the contract and invoice number as it is documented on your invoice.

If you have difficulties uploading your invoice, contact the Finance Center’s Customer Service Team at

(757) 523-6940.

Copies shall also be emailed to the Contract Specialist and the COR.

The web submission requires the Contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

RFP 70Z08417RBHQ01700 PAGE 8 of 42

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Amendment No. Date

RFP 70Z08417RBHQ01700 PAGE 9 of 42

B.2 SCHEDULE OF PRICES

See SECTION D: CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS for the Schedule of Prices for each region.

*You may submit pricing for any and/or all regions.

RFP 70Z08417RBHQ01700 PAGE 10 of 42

THREE (3) FOUR (4) AND FIVE (5)

SECTION C – TERMS AND CONDITIONS

52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018) (See SF1449)

C.1 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

The following clauses are incorporated into 52.212-4 as an addendum:

C.2 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) (DHS-USCG DEVIATION 14-01) (a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and 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 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause

C.3 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five

(5) years.

(End of clause)

C.4 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 https://acquisition.gov/browsefar.

52.204-7 System for Award Management Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

Sep 2013

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan – Certifications

Aug 2009

52.232-33 Payment by Electronic Funds Transfer-Systems for Award Management Oct 2018 52.232-40 Providing Accelerated Payment to Small Business Subcontractors Dec 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-15 Stop Work Order Aug 1989

C.5 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

RFP 70Z08417RBHQ01700 PAGE 11 of 42

(End of clause)

C.6 HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(b) Clauses.

☒ 3052.204-71 Contractor Employee Access ☒ 3052.205-70 Advertisement, Publicizing Awards, and Releases ☒ 3052.215-70 Key Personnel or Facilities (Dec 2003) ☒ 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) ☒ 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (Dec 2003) ☒ 3052.222-90 Local Hire (USCG) (Jun 2006) ☒ 3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (Jun 2006) ☒ 3052.223-90 Accident and Fire Reporting (USCG) (Dec 2003) ☒ 3052.242-72 Contracting Officer’s Technical Representative (Dec 2003)

C.7 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

(a) Prohibitions.

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

(b) Definitions. As used in this clause:

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

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

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

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

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

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

RFP 70Z08417RBHQ01700 PAGE 12 of 42

THREE (3) FOUR (4) AND FIVE (5)

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

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

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

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

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

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

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

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

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

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

(e) Treatment of Certain Rights.

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

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

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

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

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

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

RFP 70Z08417RBHQ01700 PAGE 13 of 42

C.8 HSAR Clause 3052.215-70 Key Personnel or Facilities. [Dec 2003]

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel and facilities are as follows:

Buoy Manager:

Welder(s):

Weld Inspector(s)

Painter(s)

C.9 Economic Price Adjustment (EPA) Clause – #2 Diesel Fuel

(1) The Contractor warrants that the unit prices in this contract do not include any allowance for any contingency to cover increased costs for steel which adjustments are provided under this clause.

(2) A portion of the unit prices for the following Contract Line Items (CLINs) are subject to the EPA for steel.

Note: Base Period CLINs 0001AA – 0005AC are not subject to an EPA Option Period One: CLINs 1001AA – 1005AC Option Period Two: CLINs 2001AA – 2005AC Option Period Three: CLINs 3001AA – 3005AC Option Period Four: CLINs 4001AA – 4005AC

(3) An adjustment will be based on the U.S. Department of Labor, Bureau of Labor Statistics (BLS), Producer Price Index for Fuels and related products and power, #2 Diesel Fuel, Series ID WPU057303, which will be referenced to as “Index” in the remainder of this clause. If for some reason the Index is no longer available or discontinued, the contracting parties shall agree on a new Producer Price Index.

(4) Percent changes in Producer Price Indexes shall be calculated on data with the base 1982 = 100 unless the Bureau of the Labor Statistics publishes data on a new base from that time forward.

(5) Beginning at the end of the Base Period and at the end of each subsequent Option Period, the Index will be monitored to see if any adjustment is required. The Government reserves the right to calculate an adjustment if the Index decreases by 3% or more for any affected performance periods. No upward adjustment, for the next affected performance periods, shall be made to the unit prices until requested in writing (with a detailed cost breakdown) by the Contractor; the written request (with detailed cost breakdown) from the Contractor shall be received no later than 30 days prior to expiration of current contract performance period. No requests for adjustment shall be accepted if received less than 30 days prior to expiration of current contract performance period. The aggregate of the increases in any CLIN unit price made under this clause shall not exceed sixty (60) percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

RFP 70Z08417RBHQ01700 PAGE 14 of 42

(6) The CLINS identified in paragraph (b) will be adjusted to the nearest cent prior to the exercise of each Option Period of the contract, based on the percentage change (up or down) of the Index.

(A) Base Period CLIN unit prices are not subject to an EPA adjustment

(B) If applicable, EPA 1 Adjustment will be made before Option Period One is exercised and will affect the CLIN unit prices of Option Periods 1, 2, 3 and 4. The EPA 1 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for January, February and March 2021

(ii) Average Index for January, February and March 2022

(C) If applicable, EPA 2 Adjustment will be made before Option Period Two is exercised and will affect the CLIN unit prices of Option Periods 2 - 4. The EPA 2 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March and April 2020

(ii) Average Index for February, March and April 2021

(D) If applicable, EPA 3 Adjustment will be made before Option Period Three is exercised and will affect the CLIN unit prices of Option Periods 3 - 4. The EPA 3 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March and April 2021

(ii) Average Index for February, March and April 2022

(E) If applicable, EPA 4 Adjustment will be made before Option Period Four is exercised and will affect the CLIN unit prices of Option Period 4. The EPA 4 Adjustment shall be based on the change in the Index between the following:

(i) Average Index for February, March and April 2022

(ii) Average Index for February, March and April 2023

(7) If at the time required for submission of an EPA request, the Index reflects any of the months required to be used for the adjustment as Preliminary (P) data, the Preliminary (P) data will be used and will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

If preliminary or final April data is not available at the time required for submission of an EPA request, the three months with the most recently published (Preliminary or Final) data before April shall be used as the basis for adjustment. The three months that are used will be deemed to be final data for the purpose of the EPA adjustment being requested and any future calculations required (using those months) under the contract.

(8) Annual Producer Price Index adjustment is not progressive or cumulative. While the adjustment will alter the adjusted unit price for subsequent year calculations, the Producer Price Index annual adjustment applies only to the single following year.

(A) The following calculation methodology will be used to determine if a price adjustment is required before Option Period One is exercised (EPA 1 Adjustment).

(i) Calculate average index for February, March and April 2019 rounded up to four Decimal places.

(ii) Calculate average index for February, March and April 2020rounded up to four decimal places.

(iii) Calculate index percent change rounded up to four decimal places.

(iv) Calculate the price adjustment for each affected CLIN unit price by multiplying the portion of the unit price subject to the EPA by the percent increase or decrease in the index and rounding the result to the nearest cent.

(v) Calculate revised CLIN unit prices by adding the price adjustment from above to the original CLIN unit prices for Option Periods 1 and 2.

RFP 70Z08417RBHQ01700 PAGE 15 of 42

(9) With these terms in effect, Tables 1 and 2 below show some hypothetical data and sample EPA calculations, which might be made to determine the annual adjusted selling unit prices for steel related stuffs. The following is included for illustration purposes only.

Table 1 - Sample Awarded Contract Information before any EPAs

*Portion of unit price not subject to the EPA has been escalated by 3.5% per year by the contractor.

**Portion of unit price subject to EPA is not subject to escalation by the contractor since escalation is included in the index.

(A) Base Period CLIN Unit Prices are not subject to an EPA Adjustment

(B) EPA 1 Adjustment – Sample Calculations (Completed before Option Period One is exercised):

(i) CLIN 0001AA Awarded Unit Price: $5,000.00

Portion of CLIN 1001AA Unit Price not subject to EPA: $1,500.00 Portion of CLIN 1001AA Unit Price subject to EPA: $3,500.00

(ii) CLIN 2001AA Awarded Unit Price: $5,052.00 Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

(iii) Average Index for March, April and May 2018: 202.1000

(iv) Average Index for March, April, and May 2019: 223.2333

(v) Index Percent Change: (223.2333 - 202.1000) / 202.1000) X 100 = 10.4569%

(vi) Amount of adjustment: $3,500 X .104569 = $365.99 (Rounded to the nearest cent)

(vii) Adjusted CLIN 1001AA Unit Price: $5,000.00 + $365.99 = $5,365.99

(viii) Adjusted CLIN 2001AA Unit Price: $5,052.00 + $365.99 = $5,417.99 (Adjusted Portion of CLIN 2001AA subject to EPA: $3,500 + $365.99 = $3,865.99)

(C) EPA 2 Adjustment – Sample Calculations (Completed before Option Period Two is exercised):

(i) CLIN 2001AA Unit Price: $5,417.99 (See paragraph (j)(2)(viii) Portion of CLIN 2001AA Unit Price not subject to EPA: $1,552.00

Portion of CLIN 2001AA subject to EPA: $3,865.99 (See paragraph (j) (2) (viii)

(ii) Average Index for March, April, and May 2019: 223.2333

(iii) Average Index for March, April, and May 2020: 235.3950

(iv) Index Percent Change: (235.3950 - 223.2333) / 223.2333) X 100 = 5.4480%

(v) Amount of adjustment: $3,865.99 X .054480 = $210.62

(vi) Adjusted CLIN 2001AA Unit Price: $5,417.99 + $210.62 = $5,628.61

(End of Addendum to 52.212-4)

Period of Performance

CLIN

Awarded Unit Price

Portion of Unit Price not subject to EPA

Portion of Unit Price subject to EPA

Base Period 0001AA $4,950 $1,450 $3,500**

Option Period 1 1001AA $5,000 $1,500* $3,500** Option Period 2 2001AA $5,052 $1,552* $3,500**

RFP 70Z08417RBHQ01700 PAGE 16 of 42

THREE (3) FOUR (4) AND FIVE (5)

C.10 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Mar 2020) (15 U.S.C.657a).

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

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

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

__ (13)[Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Nov 2016) of 52.219-9.

RFP 70Z08417RBHQ01700 PAGE 17 of 42

THREE (3) FOUR (4) AND FIVE (5)

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

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

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_X_ (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)).

_X_ (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 (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

___ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

_X_ (31) (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_ (32) (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_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

_X_ (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 (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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 (Aug 2011) (E.O. 13513).

RFP 70Z08417RBHQ01700 PAGE 18 of 42

THREE (3) FOUR (4) AND FIVE (5)

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

__ (46) 52.223-21, Foams (Jun 2016) (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 (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

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

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

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (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).

C.11 52.216-18: ORDERING (OCT 1995)

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

Base Period: 01 FEB 2021 (or date award) – 31 JAN 2021 Option Period One: 01 FEB 2021 – 31 JAN 2022 (If exercised by the Government) Option Period Two: 01 FEB 2022 – 31 JAN 2023 (If exercised by the Government) Option Period Three: 01 FEB 2023 – 31 JAN 2024 (If exercised by the Government) Option Period Four: 01 FEB 2024 – 31 JAN 2025 (If exercised by the Government)

RFP 70Z08417RBHQ01700 PAGE 19 of 42

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

C.12 52.216-21: REQUIREMENTS (OCT 1995) WITH ALTERNATE I (APR 1984)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the

Schedule, but are estimates of requirements in excess of the quantities that the activity may itself…