B3 FBO schedule SOW.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

Email: Jason.l.wilking@usda.gov

09/13/2022 1:30 pm CT Central

USDA APHIS MRPBS-ASD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

N/A

RFQ

Same as block #9

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule B

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not included

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

28. Contractor is required to sign this document and return copies to

29. Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

(B) CONTINUATION OF BLOCKS 19-24 FROM SF 1449

PART I – THE SCHEDULE OF ITEMS

001 CLINs Ordering Period One: October 1, 2022 – September 30, 2023

002 CLINs Ordering Period Two: October 1, 2023 – September 30, 2024

003 CLINs Ordering Period Three: October 1, 2024 – September 30, 2025

004 CLINs Ordering Period Four: October 1, 2025 – September 30, 2026

005 CLINs Ordering Period Five: October 1, 2026 – September 30, 2027

TOTAL OF ALL LINE ITEMS $________________

SCHEDULE NOTES

1) This Request for Quote for commercial items is being conducted in accordance with FAR Subpart 13.5 test program procedures for commercial items. Simplified acquisition procedures will be followed.

2) The quantities as listed in the “Schedule of Items” are estimated requirements for this contract period. The Government estimates, but does not guarantee, the volume of purchases under this contract. The USDA, APHIS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from the quantities listed. During the period of performance of the contract, the number of aircraft may vary. Other than the minimum contract amount stated in AGAR clause 452.216-73 below, no guarantee is given as to the actual number of inspection hours, hourly labor or parts required during the term of this contract.

3) Repairs under line item (c) are to be performed as firm fixed price. For any scheduled or unscheduled repairs, the contractor must provide the USDA, APHIS, WS Contracting Officer’s Representative (COR) a firm fixed priced quote based on their assessment of the repairs to be completed. The quote shall include all costs necessary to perform the service, including labor hours and parts, and be based on the hourly labor rate pricing in the Schedule of Items. Once the quote has been reviewed and approved by the USDA, APHIS, WS COR, the contractor can proceed with the repairs.

4) The pricing for parts on line item (d) is based on the contractor’s commercial pricing and shall be consistent with the best pricing offered to most favored customers. The cost of the contractor’s parts shall include their material handling costs. The pricing for the parts shall vary depending on the type of part, whether it is new, overhauled, or a serviceable part. The estimated cost of the parts line items are only estimated and are not guaranteed.

5) On rare occasions, travel may be required to perform the services outlined in the Statement of Work if the aircraft is inoperable due to mechanical issues and cannot be flown to the Contractor’s facility. Travel must be authorized in advance by the COR. If travel is authorized, travel is subject to the limitations established in Federal Travel Regulations (FTR). The Contractor shall be paid for travel expenses based on actual cost but not exceeding the FTR per diem rates. See the below website for information on the FTR.

https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal https://www.gsa.gov/portal/content/104877

The Department of Labor Service Contract Act applies to this contract so the contractor shall take this into consideration when developing a price quote. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility where the services will be performed, as well as determining the appropriate labor categories/occupation codes under the applicable wage determination. See section 2.20 entitled “Wage Determination and Labor Rates” for further information. Please contact the contracting officer if you need assistance.

In order to be considered for award of this contract, the Contractor must submit the following:

· A completed 1449 with blocks 17a, 30a, b and c completed.

· A firm fixed price quote showing the prices for line items 0001 – 0005 in the Schedule of Items. Note, since it would be difficult for the contractor to provide pricing for all the parts that might be utilized for repairs performed under this contract, and for the government to evaluate those costs, the contractor does not have to provide pricing for parts line item (d), at this time.

· Information on the services you are offering to provide that addresses your company’s technical capability (e.g., FAA authorized operations specifications) and past performance as requested in the section below entitled “Evaluation of Quotes” on page 39. Contractors should submit detailed and sufficient information in order for the government to conduct a comparative evaluation of their quote.

The technical capability and past performance information is limited to 15 pages. If more than 15 pages are submitted only the first 15 pages will be used for the evaluation.

· Paragraph (b) of the provision 52.212-3, Offeror Representations and Certifications-Commercial Items if you have completed the annual representations and certification electronically via the System for Award Management (SAM) Website located at https://www.sam.gov/portal. Note the provision 52.204-7 System for Award Management requiring vendors to be registered in SAM prior to submission of a quote.

· Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if applicable. Reference the provision below in Part 4.0 PROVISIONS to determine if it is applicable.

· Provision 52.204-26 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment if not completed in the System for Award Management database.

Do not include a copy of the entire solicitation with your quote. Contractors need only provide the items described above.

If a Contractor’s quote package doesn’t contain all of the items listed above or isn’t received by the closing date and time listed below, the quote may be considered incomplete for evaluation purposes and no further consideration will be given to the Contractor’s quote, thereby making a Contractor ineligible for award.

Quotes shall be submitted via email to Jason Wilking at Jason.L.wilking@usda.gov by 1:30 p.m. CST on September 13, 2021. Please reference the solicitation number on your documents.

PART 2.0 – STATEMENT OF WORK

2.0 Background

To protect U.S. agricultural and natural resources, a primary responsibility of the USDA’s WS is to provide Federal leadership and expertise to resolve wildlife conflicts and create a balance that allows people and wildlife to coexist peacefully.

2.1 Scope of work

The USDA, APHIS, WS has a requirement for the inspections, maintenance, and repairs of fixed-wing aircraft for the Eastern Region Aviation Program to include the following aircraft:

· Cessna 172N, tail number N6230D

Flight operations may occur anywhere within the continental United States, but the aircraft will be located for most of the year within the Eastern Region (Kentucky, Tennessee, Mississippi, Alabama, Georgia, Florida, South Carolina, North Carolina, Ohio, Indiana, New York, Pennsylvania, Virginia, West Virginia). The aircraft is dispatched to these states to provide operational services as needed; therefore, when and where maintenance services will be needed is not known.

The respective aircraft is flown an estimated 300 hours annually. The requisite 100 hour inspections, annual inspection, and corresponding maintenance or repairs will be conducted during the term of this contract, depending on the actual hours flown.

All services under this contract are to be performed at the Contractor’s facility other than services where the helicopter is not airworthy and must be repaired onsite. The USDA does not have a facility where these inspections, maintenance, repairs can be completed, nor can the services be performed in the facility where the USDA aircraft are parked or hangered. If the aircraft is inoperable due to mechanical issues and cannot be flown to the Contractor’s facility, services under this contract may be required in remote locations.

2.2 Contract Type and Term

The government will award a firm fixed price, indefinite delivery, indefinite quantity, commercial services and supply contract.

The period of performance for this contract includes five (5) ordering periods with each ordering period twelve (12) months in duration.

2.3 Contractor Requirements

The Contractor must comply with all state statutes that pertain to aircraft repair facilities and services in the state where they are located.

The Contractor must specifically comply with Federal Aviation Regulations Part 91-409 subsections (E) and (F). The aircraft shall be maintained and repaired in accordance with Federal Aviation Regulations parts 21, 23, 39, 43, 91 and 135.

All maintenance must be performed under a Federal Aviation Administration (FAA) approved repair station (Part 145.51) certification. The aircraft must be maintained and repaired in accordance with applicable federal aviation regulations and manufacturer’s instructions.

The Contractor shall provide technically competent aircraft maintenance personnel to perform the inspections, maintenance, and repairs of all work ordered under the contract. The Contractor shall utilize a system of quality control to ensure that all work performed under this contract complies with Federal Aviation Regulations.

The Contractor will also perform corresponding or incidental repairs related to or detected during maintenance procedures. When required the engine shall be replaced with a factory new, overhauled and/or remanufactured at manufacturer’s factory and according to manufacturer’s standards. The engine shall be new and direct from the factory, with no hours on it and come with a complete manufacturer’s warranty. In the event repairs are necessary, the Contractor shall make recommendations identifying the most cost effective and advantageous means to accomplish such repair work.

The Contractor shall provide special tools, common hand tools, aircraft support, handling and service equipment required for work under this contract.

2.4 Emergency and After Hours Repairs

The Contractor must have a certified mechanic on duty or on call 24 hours a day and 7 days per week to provide emergency repairs or maintenance to keep or make the aircraft airworthy. The certified mechanic must have an FAA Airframe and Power Plant certificate and must be able to perform services under the Contractor’s FAA repair station certificate. The mechanic must be able to be contacted by the pilot, the USDA, WS office, or the WS State Director through a telephone forwarding system or by cellular telephone at any time. Additionally, the Contractor or certified mechanic must be available to travel to the site of the aircraft to provide required maintenance/repairs in the even the aircraft is unable to fly.

2.5 Facilities, Equipment and Inspection Data

The Contractor must maintain a repair facility appropriate in size and layout and properly equipped for maintenance and repairs of the respective aircraft under this contract.

All appropriate manuals, directives, and bulletins for the respective aircraft under this contract must be maintained on site by the Contractor.

Contractor must possess the capability to provide maintenance information to include, but not limited to, logbook data, component time and service information on a recurring basis or upon request.

Contractor must own or have available the necessary tools or be able to obtain the necessary tools so the work is completed within the required timeframes and to ensure the level of service provided meets all Federal Aviation Administration and Federal Aviation Regulations requirements.

The Contractor SHALL NOT subcontract any portion of the maintenance or repair work without the written consent of the USDA, APHIS, WS.

2.6 Accessibility

The USDA, APHIS, WS reserves the right to inspect the facility, or designate representatives, for adequate maintenance capability before the contract is awarded and during the term of the contract during regular business hours.

The aircraft must be accessible to WS personnel while it is hangered at the Contractor’s maintenance facility. The mechanic/repair logbooks shall be accessible to the pilot, the WS State Director(s), and the WS ATOC Airworthiness Inspectors. The pilot’s logbook shall be accessible to the mechanic/repair facility to confirm hours flown with the engine. Additional maintenance tracking software may be required in the future at no cost to the Contractor.

2.7 Employee Training/Qualifications

The repair facility shall have at least one certified mechanic to perform the inspections, repair, and maintenance for the aircraft in order to accomplish the work of this contract within the specified timeframes indicated. It is highly preferable the facility have two certified mechanics to ensure that the aircraft will be repaired without undue down-time even during after-hour emergencies or unanticipated heavy workloads. The certified mechanic must have an FAA Airframe and Powerplant certificate. The maintenance facility will need to have personnel readily available or on staff with an A&P certificate with FAA Inspection Authorization in order to sign-off annual inspections and ensure the work is completed within the required timeframe.

2.8 Communication

The mechanic(s) and USDA, WS pilot(s) must maintain a professional dialogue about the condition and airworthiness of the aircraft at all times. The mechanic(s) and pilot(s) shall keep the WS COR, State Director, or program manager abreast of their respective roles in the maintenance and repairs and piloting of the aircraft.

2.9 Agency Responsibilities

The USDA, APHIS, WS will advise and keep the Contractor informed of upcoming and specified inspections based on agency usage.

2.10 Delivery of Services

The aircraft will be delivered to and picked up from the Contractor’s maintenance facility by the APHIS, WS pilot. Non-USDA personnel are prohibited from flying the government-owned aircraft. Maintenance facility will use an APHIS, WS pilot for all test maintenance flights.

2.11 Parts and Labor Rates

Parts: The Contractor shall provide all parts, materials, and consumables. All parts or components which fail inspection or are nonconforming need to be replaced in accordance with FAR 52.212-4(a).

2.12 Transportation Expenses

The cost of transporting the aircraft to and from the Contractor’s facility shall be the responsibility of the Government.

2.13 Contractor Liability

The Contractor is liable for any damages, losses, or injuries to people and property which occur as a result, directly or indirectly, from work performed by the contractor’s employees and subcontractors while under contract with USDA/APHIS. The Contractor must immediately notify the Contracting Officer, or COR, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

2.14 Insurance Requirements

The Contractor will be required to obtain and maintain for the duration of the contract, at its cost and expense, primary insurance coverage. A Certificate of Insurance, indicating compliance with the required coverage, shall be submitted the USDA, APHIS, AAMD contracting officer in Minneapolis, Minnesota and a copy to the USDA, WS program contact person.

The insurance required would be the type of coverage that is industry standard for this type of service being provided and for a business working on aircraft not owned by their company, as would be the case for the contractor awarded this contract. Coverage would include, among other things, general liability, property damage, etc.

A contract will not be issued to a contractor that fails to submit insurance certification as specified herein prior to award of the contract. This insurance coverage must be valid for the entire contract period. The Contractor is responsible for sending proof of insurance annually to the contracting officer, or COR, if the options are being exercised on the contract.

2.15 Inspection Time Frames

So as to not cause any delays, the inspections and maintenance shall be completed within five (5) calendar days from the date the aircraft is delivered to place of performance. If repairs are necessary, the contractor needs to contact the USDA, WS with an estimate and come to an agreeable time frame for completion of the repairs.

2.16 Government Roles and Responsibility

The USDA, APHIS, WS shall designate a Contracting Officer Representative (COR) to work with the Contractor(s) to coordinate all aspects of this contract. The name of the COR for this contract and contact information are listed below:

USDA APHIS WS

Brett Dunlap State Director 537 Myatt Drive Madison, TN 37115 Phone: (615) 736-5506 Email: brett.g.dunlap@usda.gov

Although the COR shall be the Contractor’s main point of contact for coordinating services under this contract, other WS personnel in the WS office will be assisting in coordinating services under this contract. If other WS personnel have contact with the Contractor, they must include the COR in their communication or advise the COR of any communications with the contractor.

2.17 Task Order Services

Funding will be obligated on the contract via a task order. Funding will be provided as a fixed amount for the inspection services but will be provided in a bulk not to exceed amount for hourly labor repair services and parts. Although a bulk task order will be issued, services to be provided under the task order are to be at a firm, fixed price.

Repair services and parts will be on an as needed basis and be ordered by verbal or written orders of the COR or a designated WS person listed below. Repair services and parts may also be paid for on a government purchase/credit card.

The Contracting Officer may provide funding under this contract obligating funds for the procurement of repairs and parts prior to the Government needing delivery of said ordered quantities. The COR or designated WS person will be allowed to coordinate services and schedule specific delivery and performance dates and quantities up to, but not exceeding the total quantity authorized by the Contracting Officer.

The following individuals are authorized as the designated WS personnel under this contract. Additional names of personnel may be provided in writing to the Contractor as needed.

Mr. Brett Dunlap Ms. Amanda Deese Mr. Glen Dunn

The Contractor will be required to inform the APHIS Contracting Officer when the task order reaches 80% of the total bulk quantities.

2.18 Invoices and Payment Information

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register to Enroll at https://ipp.gov

Invoices must be prepared in accordance with 52.212-4 (g). Invoices which involve repairs under line item (d) and parts under line item (e) must be supported with a summation of the actual hours expended and copies of all invoices for parts used in the repair.

Credit card purchases are allowed under this contract. The USDA, APHIS Contracting Officer will provide authorization and the names of the individuals with authorization for credit card purchases under this contract. The authorization will be in the form of written verification via email.

2.19 Safety and Security Requirements

a. Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the Department for Contractors. The procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002. Copies can be downloaded from the website at http://hspd12.usda.gov

b. In accordance with the USDA policy and directives, a Background Investigation (BI) of the contractor personnel may be required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The contractor shall, through their own internal background investigation protocol and pre-employment investigation, ensure that each employee submitted for a background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.

c. The USDA, APHIS will pay for the required background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

d. The required USDA APHIS background investigation is a Tier 2 – Public Trust – Moderate Risk. All contractor personnel subject to a BI must have no less than favorably adjudicated results. Once approved and working under the contract, contractor personnel shall not be removed or diverted from the contract without prior notification to the Contracting Officer, COR, or the designated point of contact.

e. The contractor shall not employ persons for work on this contract if such employee is considered by APHIS to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees. If the USDA finds a prospective employee to be unsuitable for his or her assigned duties, the Contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

f. The COR or other designated point of contact will assist the Contractor, where practical, with the background investigation process and the associated paperwork.

g. The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist the information required to initiate the background investigation, including information on previous Office of Personnel Management background investigations or clearances conducted by the Contractor. The Contractor shall ensure that prime and subcontractor employees requiring background investigations complete and submit the proper paperwork and forms. You can obtain further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

h. For further information on the USDA personnel security requirements and forms, you can reference: https://www.aphis.usda.gov/aphis/ourfocus/business-services/HRD/Personnel_Security

2.20 Wage Determination and Labor Rates

The Department of Labor Service Contract Act applies to this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility where the services will be performed as well as determining the appropriate labor categories/occupation codes under the applicable wage determination. Task orders may specify the applicable wage determination for the ordering period

The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov/. Please contact the contracting officer if you need assistance in obtaining the wage determination.

See occupation category 23000 – Mechanics and Maintenance and Repair Occupations. A directory of occupations and definitions of each labor category can be found at:

https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

PART III – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (May 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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).

X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) 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.

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

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

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

__ (17) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Sep 2021) of 52.219-9.

__ (18) ) 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.

_x_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 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 (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

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

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

_X_ (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) 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.

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

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

_X_ (35) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) 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) 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) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

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

__ (47) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (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 (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

__ (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 (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.] X__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

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

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

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

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

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 products or commercial services. 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 (Nov 2021) ( 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 2015) (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 (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through end of last option period exercised.

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

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

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after end of last option period exercised.

452.216-73 Minimum and Maximum Contract Amounts (Feb 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum…