A21 Solicitation W90VN6-21-R-0017.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN621R0017 30-Apr-2021

b. TELEPHONE NUMBER

031-661-5499

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 14 May 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. NAM, YUCHIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3J0CP1054AW02

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 1F3J0HC 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

51 FW/HC

ALEXANDER, DARICK J.

BASE CHAPEL, BLDG#779

OSAN AB

APO AP 96278

UNITED STATES

TEL: 784-5000 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

813110

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF32

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN621R0017

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

CATHOLIC RELIGIOUS EDUCATION COORDINATOR

FFP

Provide Catholic Religious Activities Coordinator Service for Osan Chapel, Osan Air Base in accordance with the Performance Work Statement (PWS) herein.

FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F3J0CP1054AW02

PSC CD: R799

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

War Hazard

FFP

Estimated cost for war hazard losses is (0).

NET AMT

PERFORMANCE WORK STATEMENT

CATHOLIC RELIGIOUS EDUCATION COORDINATOR

51 FW CHAPLAIN CORPS

Osan AB Chapel

PERFORMANCE WORK STATEMENT

1. DESCRIPTION OF SERVICES

1.1. The Catholic Religious Education (RE) Coordinator works to develop, enhance and expedite a comprehensive Catholic RE Program, including all necessary internal and external documentation. Develop, implement, coordinate and evaluate Religious Education opportunities for families of the Osan Air Base Chapel Catholic program. Coordinate with Catholic Chaplain as well as Chapel staff, Lay Ministers, and the Pastoral Advisory Council to carry out administrative and other support of all Catholic programs offered and conducted at the Community Chapel

2. QUALIFICATIONS

2.1. Must possess experience of at least two years as a catechist in a chapel or church setting.

2.2. Must be Archdiocese of Military Services (AMS) catechist certified or a professional degree in Theology with current Catholic Faith involvement. Certification requirement is listed on the following website:

http://www.milarch.org/site/c.dwJXKgOUJiIaG/b.6584713/k.D783/Basic_Level_Catechist_Cert ification_Archdiocese_for_the_Military_Services.htm

2.3. Must have experience working with Catholic Children’s programs including Sunday Religious Education (RE), sacramental preparation for Reconciliation and Eucharist, and Children’s Liturgy of the Word.

2.4. Must be trained and have experience working in the Rite of Christian Initiation of Adults (RCIA) process.

2.5. Must have experience with recruiting and training catechists and other volunteers.

2.6. Have the ability to type 40+ WPM and possess a working knowledge of Windows 10 operating system, and Microsoft Office 2016 (Microsoft Word, Excel, PowerPoint, Publisher and Microsoft Outlook [e-mail] communication).

2.7. Knowledge and experience as an Administrative Assistant is required.

2.8. Possess a basic working knowledge of Chapel Tithes and Offering Fund (CTOF) and appropriated funds budget process and procedures.

2.9. Must furnish a resume as part of proposal showing education, experience and personal and professional references. The resume or cover letter must address all areas of the Performance Work Statement (PWS).

2.10 A federal background check shall be performed as the contractor will have contact with individuals under the age of 18. This is directed by DoDI 1402.5, Criminal History Background Checks on Individuals in Child Care Services.

2.11 English will be the primary language that the contractor shall present all contracted services.

3. DUTIES AND RESPONSIBILITIES

3.1. Coordinate monthly with Catholic chaplain to arrange space and setup for Catholic Religious Formation programs, children’s church and ceremonies to include but not limited to:

First Reconciliation, First Communion, Confirmation, Rite of Christian Initiation for Adults (RCIA), Baptisms, and Vacation Bible School (VBS). In carrying out the responsibilities, under the direction of the Catholic Chaplain, the associate collaborates with pastoral council officers, volunteer lay leaders and members of the Community Chapel.

3.2. In consultation with the Catholic chaplain, develop and submit an annual calendar of events in December; Chapel Tithes and Offering Fund (CTOF) and appropriated fund budgets by August 15, and an annual religious education curriculum order and supplies to the Catholic chaplain and Wing Chaplain for approval as determined by local instructions by the end of April.

3.3. Oversee registrations, payments, responds to inquiries, and creates a working folder for the RE program beginning in May. Submits and files history reports (after-action reports) for future reference by the Catholic Chaplain after the end of the school year, First Communion and Confirmation.

3.4. Coordinate all purchase requests and the purchase of supplies necessary for the RE program as approved by the Catholic chaplain. Submit purchase requests to the Account Manager at least five business days ahead the event to ensure timely completion. Reconciliation of the invoices required within three business days after completed purchase. (See local HC operating instruction for specifics on submitting purchase documents).

3.5. Oversee and maintain work relating to the stated RE programs weekly, including family database, program registrations, class lists, volunteer information, and sacramental record collection and annually recording sacraments for AMS permanent records.

3.6. Oversee weekly the record keeping process of enrollment and attendance of all Catholic RE activities, services, etc.

3.7. Organize and setup classes/class room space Saturday afternoon or Sunday morning; recruit volunteer teachers, substitutes, and other necessary staff beginning in April; train teachers and substitutes; and provide workshops as required during the school year. Training will follow guidelines set forth by AMS. Ensure all teachers/volunteers meet 51 FW instructions concerning background checks.

3.8. Schedule and organize, in conjunction with the Protestant RE coordinator, events that incorporate Catholic and Protestant programs such as Vacation Bible School (VBS) at least two months in advance. Consult with the RE Chaplain, recruit volunteer teachers/staff and order the appropriate materials when such a program is deemed necessary.

3.9. Keep updated on religious and sacramental expectations of the Catholic Church and AMS and liaison to the local diocese and review them monthly.

4. RELATIONSHIP

4.1. The Coordinator shall work in conjunction with the Contract Representative or designee who will also monitor the compliance with the Performance Work Statement.

4.1. The Coordinator will ensure all Religious Education programs and activities are properly monitored.

5. ADMINISTRATIVE REQUIREMENTS:

5.1. The period of performance will be only 1 year and may need modification based off of contract award date.

Period of Performance : 31 May 2021 – 30 May 2022 or after contract award date

5.2. The Coordinator will be paid on a monthly basis; the amount not to exceed the amount appropriated for this service. The maximum time that may be expended to complete all duties in this PWS is 20 hours per week.

5.3 Coordinate with the Chapel Primary POC to establish and post a limited amount of office hours at the chapel within normal duty hours (7:30 a.m. – 4:30 p.m.) and on Sunday during services/activities for the purpose of coordinating activities with the chapel staff and lay leadership. If hours must be changed due to special events, etc. a notice should be posted. The Contractor will submit a log sheet each month to the Chapel Primary POC in order to keep accountability.

5.4. The Coordinator will submit a monthly invoice to the Contract Representative or the designated representative for certification for the purpose of payment in the Procurement Integrated Enterprise Environment system.

5.5. The Coordinator is self-employed and responsible to pay all taxes due, both State and Federal.

5.6. The Contractor will provide the personal skills, training, and competency needed to meet all requirements contained in this PWS.

5.7. The Contractor will provide any contractor-specific supplies and equipment to include:

5.8. Personal transportation.

5.9. Contractor preferred or specific office equipment or supplies

6. SUBSTITUTION:

6.1. The Coordinator personally performs the services or will cause them to be performed by a substitute of equal or higher proficiency, who must be approved by the Contracting Officer Representative and Deputy Wing Chaplain or designee. Except in emergency situations, the Contract Representative or designee should be notified at least 14 days before such a substitution is necessary. The Government reserves the right to refuse the services of such a substitute if such substitute is deemed unqualified.

7. GOVERNMENT FURNISHED PROPERTY:

7.1. 51 FW/HC will provide computer equipment, network access, office space, and office supplies for the accomplishment of this statement. The Contract Officer Representative is responsible for operating provided equipment in compliance with local and applicable Air Force Instructions.

7.2. The Coordinator may use Chapel owned or managed audio/visual and other equipment located in the chapel. No equipment may be removed from the Chapel without written authorization from the Wing Chaplain or his/her designated representative. The Coordinator will exercise the proper care over chapel equipment and ensure that there are procedures in effect to protect and safeguard such equipment and ensure that it is kept in serviceable condition.

7.3. The government will provide all curriculum and materials required to accomplish the religious education and catholic parish activities.

8. FACILITIES SECURITY REQUIREMENT:

8.1. The Catholic RE Coordinator shall ensure that all keys, if any, issued by the US Government are not vulnerable to usage by unauthorized persons. No keys/codes issued to the Catholic RE Coordinator by the US Government shall be duplicated/compromised.

8.2. The Coordinator shall ensure that all buildings are secured after all activities under his/her control.

9. PERSONNEL SECURITY REQUIREMENTS:

9.1. The Catholic RE Coordinator will complete a federal childcare background check in accordance with DoDI 1402.5 Criminal History Background Checks on Individuals in Child Care Services. The Contractor must receive a favorable investigation to hold this contract.

Unfavorable results throughout the investigation process may result in termination of the contract.

9.2. Additionally, the Contractor shall comply with all Air Force Information Protection requirements.

9.3. Protect Privilege Communication according to Military Rule of Evidence 503; AFI 52- 101/para 5.1.6

10. OPERATIONS SECURITY (OPSEC) REQUIREMENT(S):

10.1. Contractor(s) will practice OPSEC to protect critical information for specific government contracts and subcontracts. Contractor(s) will consider OPSEC for all contractual requirements.

Contractor(s) will protect critical, sensitive and for official use only (FOUO) contracted information. The user organization will provide OPSEC guidance for the contractors.

The following OPSEC guidance is provided:

10.1.1. Organization's critical information list

10.1.2. Adversaries' collection threat information as it applies to the organization's mission and the contract, (phishing, dumpster diving, etc.

10.2. Operations security guidance (AFI 10-701)

10.3. Specific OPSEC measures the organization requires

10.3.1. 100% shred policy

10.3.2. Out-of-office replies/message

10.5. Email guidance with respect to OPSEC

10.6. OPSEC training

10.7. All required OPSEC training will be provided free to mission partners and contractors from the Government user organization OPSEC coordinators upon contract award.

11. ANTI-TERRORISM OPERATIONS SECURITY REVIEW

11.1. AT Level 1 Training. This provision and / or contract text is for Contractor employees with an area of performance within an Army controlled installation, facility, or area. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training with 15 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the Chaplain office or to the contracting officer, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website https//atlevel1.dtic.mil/at.

11.2. Access and General Protection / Security Policy and Procedures. Contractor and all associated sub- Contractors employees shall comply with applicable installation, facility and area commander installation facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and / or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Conditions (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

12. NETWORK ACCESS:

12.1. The Contractor(s), with a valid National Agency Check verified through Joint Personnel Adjudication System (JPAS) or validation from the on-site Contractor’s security manager, shall be provided access to the hosting bases unclassified computer networks and their inherent capabilities including, but not limited to: Internet access, electronic mail, file and print services.

The Contractor shall be held accountable for all actions that he or she initiates while on the network and shall conduct his or her business in accordance with all AF and local base instructions, manuals, and policies. Any conduct that does not adhere to sound or just network usage as stipulated in official guidance will cause revocation of all network privileges. All personnel having access to Government program information will be required to execute non-disclosure and information protection agreements. The Government will supervise the release of data from the IMS and will designate an individual to oversee and advise the contractor on all data released and/or exported from the system.

12.1. In order for the contractor to use the base network, he or she shall complete all the paperwork and forms necessary for a National Accreditation Check. The cost of the check will be paid for by the government. The contractor shall also complete the Informational Awareness Training, including passing a final test, within three (3) days of starting the position.

13. PASS AND IDENTIFICATION:

13.1. The contractor shall ensure the pass and identification items (valid driver’s license, current vehicle registration and current insurance) required for the contract performance is obtained for contractor and non-government owned vehicles with the Osan AB Security office/Visitors Center. Before the first arrival, the Contractor must hand-deliver or send by encrypted secure email a DBIDs application to the Contracting Officer Representative five (5) days prior to contract start, listing their full name, Social Security Number, Driver’s License # state of issue, eye color, hair color, gender, phone number, work phone number, address, signature and date.

ADDENDUM-FAR 52.212-1

ADDENDUM to FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERCIAL ITEMS (OCT 2015)

INSTRUCTIONS TO THE OFFEROR(S)

QUOTATION SUBMISSION INSTRUCTIONS

I. INSTRUCTIONS FOR PROPOSAL SUBMISSION

For a quotation to be acceptable, an offeror must submit quotation to beta.SAM.gov (https://beta.sam.gov) no later than the solicitation closing date and time. Failure to submit as required shall be grounds for determining the offer technically unacceptable, and ineligible for contract award. The Government reserves the right to make a contract award determination without any discussions with offerors; however, if an award cannot be made on initial quotes and the Government determines discussions to be necessary, the competitive range will be established in considering technical, past performance and price evaluation factors to conduct discussions.

Confirmation of submittal requirement prior to the solicitation closing date and time is offeror’s responsibility. The quotation submitted other than beta.SAM will not be considered for award.

Award will be made to the responsible offeror submitting the lowest priced, technically acceptable (LPTA) offer that satisfies all terms and conditions of this solicitation and who is determined to be responsible in accordance with

FAR 9.104-1.

II. PROPOSAL SUBMISSION: Offerors’ proposals shall adhere to the following instructions:

2.1 These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

2.2 Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

2.3 Offerors are required to submit complete proposals (Technical Proposal, Past Performance Proposal, and Price Proposal, below) through beta.SAM.gov (https://beta.sam.gov) no later than the solicitation closing date and time.

All questions should be emailed to the Contract Specialist at yuchin.nam1.ln@mail.mil within 5 calendar days after the solicitation is issued. Questions received after this date and time may not be answered.

FACTOR I. Technical Capability (Contractor’s Personnel Qualification), Resume: The resume in any format shall reflect the following:

1) At least experience of at least two years as a Catholic catechist in a chapel or the Catholic Church setting;

2) certified by the Archdiocese of Military Services (AMS) catechist or a professional degree in Theology with current Catholic Faith involvement;

3) Must have experience working with Catholic Children’s programs including Sunday Religious Education

(RE), sacramental preparation for Reconciliation and Eucharist, and Children’s Liturgy of the Word;

4) Must be trained and have experience working in the Rite of Christian Initiation of Adults (RCIA) process;

5) Must have experience with recruiting and training catechists and other volunteers;

6) Have the ability to type 40+ WPM and possess a working knowledge of Windows 10 operating system, and Microsoft Office 2016 (Microsoft Word, Excel, PowerPoint, Publisher and Microsoft Outlook [e-mail] communication).

7) Knowledge and experience as an Administrative Assistant is required.

8) Possess a basic working knowledge of Chapel Tithes and Offering Fund (CTOF) and appropriated funds budget process and procedures.

9) Must furnish a resume as part of proposal showing education, experience and personal and professional references. The resume or cover letter must address all areas of the Performance Work Statement (PWS).

FACTOR II. Price: The offeror shall complete the pricing information for Contract Line Number (CLIN) that have quantity identified. The proposed price will be reviewed to determine if the estimate is adequate, reasonable and complete to assess the offeror’s understanding of the solicitation. The definitions of the offeror’s price proposal being adequate, reasonable and complete are as follow:

Be Adequate: The proposed price and the scope of work are compatible.

Be Reasonable: Acceptable estimating methodology for developing the price quotation.

Be Complete: Responsive to all solicitation requirements, all PWS items are included, and estimates can be traced.

Proposed prices will be evaluated in accordance with FAR 13.106-3 (a).

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

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.233-3 Protest After Award AUG 1996

Acceptable Proposal clearly meets the minimum requirements of the solicitation

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.225-7041 Correspondence in English JUN 1997 252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror having submitted the lowest-priced, technically acceptable quotation that satisfies all terms and conditions of this solicitation. The following factors shall be used to evaluate quotations:

►Factor A. Technical � Resume, curriculum vitae, or narrative statement to meet qualifications in Addendum to FAR Clause 52.212-1

►Factor B. Price: Proposed price will be reviewed to determine if the estimate is adequate, complete, and reasonable to assess the offeror's understanding of the solicitation.

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (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.)

___ (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).

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

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

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

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

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (JUN 2020) of 52.219-9.

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

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

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

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

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

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (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).

____ (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).

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

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

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

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

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

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

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

____ (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 (JUN 2016) (E.O. 13693).

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

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (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. 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 (JAN 2021) of 52.225-3.

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

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

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

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

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

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

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

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X___ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

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

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

_____ (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—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Recruitment fees” means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontra…