Attachment 2 - Solicitation Clauses and Provisions.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA330020Q0051 (Not Set)

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SECTION

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05 SEC I

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

2018-03 SEC K

252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC K 52.219-33 Nonmanufacturer Rule. 2020-03 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2020-06 SEC L

252.223-7006 ALT I Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. - (Alternate I)

2014-09 SEC I

52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2020-06 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.213-2 Invoices. 1984-04 SEC G 52.219-13 Notice of Set-Aside of Orders. 2020-03 SEC I 52.219-16 Liquidated Damages-Subcontracting Plan. 1999-01 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I

52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts).

2018-08 SEC I

52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements.

2014-05 SEC I

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.

2014-05 SEC I

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.232-18 Availability of Funds. 1984-04 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.224-1 Privacy Act Notification. 1984-04 SEC I 52.227-1 Authorization and Consent. 2020-06 SEC I

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

2020-06 SEC I

CLAUSES IN FULL TEXT

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52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not conform to (a) the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided (b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor Electronic invoicing.

payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web- WAWF training.

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Combo Invoice/Receiving Report

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table Document routing.

below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC FA3300

Issue By DoDAAC FA3300

Admin DoDAAC FA3300

Inspect By DoDAAC F2X0CH

Ship To Code F2X0CH

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F2X0CH

Service Acceptor (DoDAAC) F2X0CH

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a) (13).)

(4) The Contractor shall ensure a payment request includes documentation Payment request.

appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of Receiving report.

DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

2020-07

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2020)

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

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

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

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video (3) Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Aug 2019)

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting (b) 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

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

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

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

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

____ [Reserved].(5)

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

____ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (7) (Pub. L. 111-117, section 743 of Div. C).(Oct 2016) x 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors (8) Debarred, Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).(Jun 2020)

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

____ [Reserved].(10)

____ (11)

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

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

____ (12)

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

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

____ [Reserved](13) x (14)

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

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

____ (15)

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

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

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

____ (17)

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

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

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

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

____ Alternate IV of 52.219-9(v) (Jun 2020)

____ (18)

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

(ii) Alternate I of 52.219-13.(Mar 2020)

____ 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).(19) (Mar 2020) x 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(20) (Jan 1999) (i)).

____ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (21) (Mar (15 U.S.C. 657f).2020) x (22)

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

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

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

____ 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small (24) Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.

C. 637(m)).

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

____ 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (Mar 2020) x 52.222-3, Convict Labor (E.O.11755).(27) (Jun 2003) x 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.(28) (Jan2020) 13126).

x 52.222-21, Prohibition of Segregated Facilities .(29) (Apr 2015) x (30)

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

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

____ (31)

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

____ Alternate I of 52.222-35.(ii) (Jul 2014) x (32)

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

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

____ 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) Jun 2020 x 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (34) (Dec (E.O. 13496).2010) x (35)

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

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

____ 52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (36) Oct 2015 (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)

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

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

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

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

____ (40)

52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (E.O.s 13423 and (i) (Jun 2014) 13514).

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

____ (41)

52.223-14, Acquisition of EPEAT?-Registered Televisions (E.O.s 13423 and 13514).(i) (Jun 2014)

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

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

____ (43)

52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (E.O.s 13423 (i) (Oct 2015) and 13514).

____ Alternate I of 52.223-16.(ii) (Jun 2014) x 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (44) (Jun (E.O. 13513).2020)

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

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

____ (47)

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

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

____ 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).(48)

____ (49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, (i) (May 2014) 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.

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

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

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

____ 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (Oct 2019) et seq x 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, (51) (Jun 2008) and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

____ 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.(53) C. 5150).

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

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

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

____ 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, (57) 10 U.S.C. 2307(f)).

x 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (58) (31 U.S.C. 3332).(Oct2018)

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

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

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

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

____ (63)

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

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

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

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial (c) 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.

x 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

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

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

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

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

____ 52.222-53, Exemption from Application of the Service Contract Labor Standards to (6) Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May 2014) x 52.222-55, Minimum Wages Under Executive Order 13658 .(7) (Dec 2015)

____ 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2017)

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

. The Contractor shall comply with the provisions of (d) Comptroller General Examination of Record 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.

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

The Contractor shall make available at its offices at all reasonable times the records, materials, (2) 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.

As used in this clause, records include books, documents, accounting procedures and (3) 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)

Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the (1) 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-

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or (ii) 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)).

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

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video (iv) Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Aug 2019)

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

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

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

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (xi) (Dec (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.2010)

52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).(xii)

(xiii)

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

Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B)

52.222-51, Exemption from Application of the Service Contract Labor Standards to (xiv) Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.

S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to (xv) Contracts for Certain Services-Requirements (41 U.S.C. chapter 67).(May2014)

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

52.222-55, Minimum Wages Under Executive Order 13658 .(xvii) (Dec 2015)

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

(xix)

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

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

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

10 U.S.C. 2302 Note).

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

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (xxii) (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.

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

(End of clause)

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of [Ryan J. Schnepf - Contracting Officer identify title of ] and shall not be binding until so approved.designated agency official here

(End of clause)

52.217-8 Option to Extend Services. 1999-11

As prescribed in , insert a clause substantially the same as the following:17.208(f)

Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [15 days insert the period of time within

.]which the Contracting Officer may exercise the option

(End of clause)

52.217-9 Option to Extend the Term of the Contract. 2000-03

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within (a) ; [ ]15 days insert the period of time within which the Contracting Officer may exercise the option provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The 60 days 60days unless a different number of days is inserted preliminary notice does not commit the Government to an extension.

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

The total duration of this contract, including the exercise of any options under this clause, shall (c) not exceed . (months) (years)66 months.

(End of clause)

52.219-14 Limitations on Subcontracting. 2020-03

As prescribed in , insert the following clause:19.507(e)

Limitations on Subcontracting (Mar 2020)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

. This clause applies only to-(b) Applicability

Contracts that have been set aside for small business concerns or 8(a) participants;(1)

Part or parts of a multiple-award contract that have been set aside for small business concerns (2) or 8(a) participants;

Orders set aside for small business concerns or 8(a) participants under multiple-award (3) contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

Orders issued directly to small business concerns or 8(a) participants under multiple-award (4) contracts as described in 19.504(c)(1)(ii).

By submission of an offer and execution of a contract, the (c) Limitations on subcontracting.

Contractor agrees that in performance of the contract in the case of a contract for-

. At least 50 percent of the cost of contract performance incurred (1) Services (except construction) for personnel shall be expended for employees of the concern.

. The concern (2) Supplies (other than procurement from a nonmanufacturer of such supplies) shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

. The concern will perform at least 15 percent of the cost of the contract, (3) General construction not including the cost of materials, with its own employees.

. The concern will perform at least 25 percent of the (4) Construction by special trade contractors cost of the contract, not including the cost of materials, with its own employees.

The Contractor shall comply with the limitations on subcontracting as follows:(d)

For contracts, in accordance with paragraph (b)(1) and (2) of this clause-(1)

[ ] Contracting Officer check as appropriate.

_ By the end of the base term of the contract and then by the end of each subsequent option period;

or

_ By the end of the performance period for each order issued under the contract.

For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the (2) performance period for the order.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. 2020-05

As prescribed in , insert the following clause:19.309(c)(1)

Post-Award Small Business Program Rerepresentation (May 2020)

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

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

If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(b)

(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

Within 30 days after execution of a novation agreement or within 30 days after modification of (1) the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

Within 30 days after a merger or acquisition that does not require a novation or within 30 days (2) after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

For long-term contracts-(3)

Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)

Within 60 to 120 days prior to the date specified in the contract for exercising any option (ii) thereafter.

If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(c)

(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

The Contractor shall rerepresent its size status in accordance with the size standard in effect at the (d) time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

The small business size standard for a Contractor providing a product which it does not (e) manufacture itself, for a contract other than a construction or service contract, is 500 employees.

Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) (f) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

If the Contractor represented that it was other than a small business concern prior to award of this (g) contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

If the Contractor does not have representations and certifications in SAM, or does not have a (h) representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it(1) is, is not a small business concern under NAICS Code assigned to contract number .611710 ____

[ (2) Complete only if the Contractor represented itself as a small business concern in paragraph .] The Contractor represents that it(h)(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002

[ (3) Complete only if the Contractor represented itself as a small business concern in paragraph ] The Contractor represents that it(h)(1) of this clause.

is, is not a women-owned small business concern.

Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself as a women-owned small business concern in

] The Contractor represents that-paragraph (h)(3) of this clause.

It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

Each WOSB concern eligible under the WOSB Program participating in the joint venture shall .]____ submit a separate signed copy of the WOSB representation.

Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a women-owned small business concern eligible under the

] The Contractor represents that-WOSB Program in (h)(4) of this clause.

It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the ____ joint venture shall submit a separate signed copy of the EDWOSB representation.

[ (6) Complete only if the Contractor represented itself as a small business concern in paragraph ] The Contractor represents that it(h)(1) of this clause.

is, is not a veteran-owned small business concern.

[ (7) Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that itconcern in paragraph (h)(6) of this clause.

is, is not a service-disabled veteran-owned small business concern.

[ (8) Complete only if the Contractor represented itself as a small business concern in paragraph ] The Contractor represents that-(h)(1) of this clause.

It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the

Each HUBZone ]HUBZone small business concerns participating in the HUBZone joint venture: .____ small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ ] Contractor to sign and date and insert authorized signer's name and title.

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02

As prescribed in , insert the following provision:52.107(a)

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov [ ]____ ____ Insert one or more Internet addresses

(End of provision)

52.252-2 Clauses Incorporated by Reference. 1998-02

As prescribed in , insert the following clause:52.107(b)

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

[ ]www.acquisition.gov ____ ____ Insert one or more Internet addresses

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05

As prescribed in , insert the following clause:22.1006(b)

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees expected to be employed 29 CFR Part 4 under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

0303 Miscellaneous Clerk & Assistant, Step 1 - $27,292

(End of clause)