Combined Synopsis - Range Maintenance.pdf

**Competitive 8(a) Set-Aside**

Combined synopsis/solicitation issue date: April 9, 2020

Subject: REQUEST FOR PROPOSAL N62473-20-R-0049, RANGE MAINTENANCE SERVICES FOR

MARINE CORPS BASE CAMP PENDLETON (MCBCP), CALIFORNIA AND NAVAL WEAPONS

STATION – SEAL BEACH DETACHMENT, FALLBROOK (NWSSBDF), CALIFORNIA

(1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Also, this acquisition is being procured in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13.

(2) Solicitation No. N62473-20-R-0049. This solicitation is issued as a Request for Proposals (RFP).

(3) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular FAC 2020-05 Item I (Effective 30 March 2020). In addition, this solicitation document and incorporated provisions and clauses are those in effect through Defense Federal Acquisition Supplement Current to DPN 20190913 (Effective 13 Sep 2019) Edition. See the following website for details:

https://www.acquisition.gov/content/regulations

(4) This is an 8(a) competitive set-aside in accordance with FAR 19.805-1. The NAICS code is 561210 –

Facilities Support Services and the small business size standard is $41.5M.

(5) The following are the Contract Line Item Numbers (CLINs) and options that are applicable to this acquisition:

CLIN 0001: Base Period Recurring Work CLIN 0002: Base Period Non-Recurring Work CLIN 0003: Option Period One Recurring Work CLIN 0004: Option Period One Non-Recurring Work CLIN 0005: Option Period Two Recurring Work CLIN 0006: Option Period Two Non-Recurring Work CLIN 0007: Option Period Three Recurring Work CLIN 0008: Option Period Three Non-Recurring Work CLIN 0009: Option Period Four Recurring Work CLIN 0010: Option Period Four Non-Recurring Work

(6) The outcome to be achieved is to obtain facility support services of the various ranges located aboard Marine

Corps Base (MCB) Camp Pendleton and Naval Weapons Station – Seal Beach Detachment, Fallbrook. The proposed contract will provide all labor, supervision, management, equipment, and materials (except those specified as government-furnished), to perform the following technical annexes:

Annex 1502000 Facility Investment Annex 1503020 Pest Control Annex 1503050 Grounds Maintenance and Landscaping https://www.acquisition.gov/content/regulations

The outcome for this procurement is consistent with Federal Acquisition Regulation (FAR 37.101) definition of service contracts. The Product Service Code for this procurement is Z1PZ – Maintenance of Other Non-building Facilities. In addition, the proposed business arrangement for this acquisition is a single award Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) contract with recurring and non-recurring services.

Option periods will be utilized to ensure satisfactory contractor performance and validation of government requirements for continuous services. All recurring services will be FFP and funded prior to the execution of the base period and option periods.

The non-recurring work portion of the requirement will be FFP and funded on an as-needed basis during the base and option periods and may be purchased via Government Credit Card (via DoD FedMall) or funded by a task order or task order modification. Actual funding will be obtained prior to ordering non-recurring work. The Government reserves the right to issue Blanket Task Orders for non-recurring work requirements.

(7) Date(s) and place(s) of delivery and acceptance:

Date(s) for delivery and acceptance:

CLIN 0001: May 1, 2020 – April 30, 2021 (12 months) CLIN 0002: May 1, 2020 – April 30, 2021 (12 months) CLIN 0003: May 1, 2021 – April 30, 2022 (12 months) CLIN 0004: May 1, 2021 – April 30, 2022 (12 months) CLIN 0005: May 1, 2022 – April 30, 2023 (12 months) CLIN 0006: May 1, 2022 – April 30, 2023 (12 months) CLIN 0007: May 1, 2023 – April 30, 2024 (12 months) CLIN 0008: May 1, 2023 – April 30, 2024 (12 months) CLIN 0009: May 1, 2024 – April 30, 2025 (12 months) CLIN 0010: May 1, 2024 – April 30, 2025 (12 months)

Place(s) for delivery and acceptance:

Various Ranges aboard Marine Corps Base (MCB) Camp Pendleton and Naval Weapons Station – Seal Beach Detachment, Fallbrook.

(8) FAR 52.212-1 Instructions to Offerors – Commercial Items (Deviation 2018-O0018) applies to this acquisition and any applicable addenda to this provision.

(9) FAR 52.212-2 Evaluation – Commercial Items is applicable to this acquisition and the evaluation criteria is included in paragraph (a) of this provision. The PRICE ONLY process is selected as appropriate for this acquisition. Award will be made upon price reasonableness determination, contractor determination of responsibility within the meaning of FAR Part 9, and acceptance to the provisions set forth herein. The following factor shall be used to evaluate offers:

PRICE ONLY

Submittal Requirements (provided on an 8 ½ x 11 in size using between a 10 to 12-point Times New Roman font):

Attachment #1: Cover Letter: Include the following also on the cover letter:

• Solicitation Number N62473-20-R-0049.

• Name, address, telephone, and email address of the offeror.

• DUNS number, CAGE CODE number, and Tax Payer Identification (TIN) number.

• Point(s) of contact with title, telephone, fax, email address of person(s) authorized to negotiate on the

Offeror’s behalf with the Government in connection with this solicitation.

• Total price per Contract Line Item Numbers (CLIN) (CLINs 0001 through 0010) and the total proposed price of all CLINs combined. The figures on the cover letter shall match the figures identified in Attachment #2.

• An alternate point of contact (POC) with whom the Government can correspond regarding the solicitation.

• The cover letter signed by an authorized representative.

• The Offeror shall acknowledge in their cover letter there are no technical assumptions and/or qualifiers/conditions in the proposal. See below for details:

TECHNICAL ASSUMPTIONS:

Any technical assumptions made by the offeror in its proposal will not be binding on the Government. The offeror will not be entitled to any equitable adjustments based on assumptions made by the offeror in its proposal.

QUALIFIERS/CONDITIONS:

Any qualifiers / conditions made by the offeror in its proposal will not be binding on the Government. The offeror will not be entitled to any equitable adjustments based on qualifiers / conditions made by the offeror in its proposal.

Note: An Offeror who includes any technical assumptions and/or qualifiers / conditions in their proposal may be ineligible for award.

Attachment #2: ELIN Pricing/Quote: Complete an electronic version using Excel worksheets that was provided by the Government. Electronic version must be compatible with Microsoft Office 2010. Leave all excel formulas in the spreadsheet. In addition, Offerors shall round all proposal figures in the ELIN schedule to two (2) decimal places.

Attachment #3: Copy of the Online Representations and Certifications from the System for Award Management, at the following website: www.sam.gov, including all completed applicable sections of the FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items.

Attachment #4: Copy of the VETS-4212 annual report. Legislatively mandated under 38 U.S. Code, Section 4212, codified at 41 CFR Section 61-300, respectively, contractors and subcontractors who enter into, or modify a contract or subcontract with the Federal Government, and whose contract meets the criteria set forth in the above legislation/regulations, are required to report annually on their affirmative action efforts in employing veterans.

Veterans’ Employment and Training Service (VETS) has a legislative requirement to collect, and make available to OFCCP, reported data contained on the VETS-4212 report for compliance enforcement.

http://www.dol.gov/vets/vets4212.htm.

Federal Contractor Reporting – VET 4212

In accordance with FAR 22.13, any contractor or subcontractor with a contract or subcontract with the Federal Government of $150,000 or more that was entered into on or after October 1, 2015 (or $100,000 or more that was entered prior to October 1, 2015) must take affirmative action to hire and promote qualified covered veterans which includes, special disabled veterans, veterans of the Vietnam-era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

If subject to the reporting requirements, companies must file an annual VETS-4212 Report, which shows the number of covered veterans in their workforce and number of new hires, including covered veterans hired during the reporting period. Instructions, information, and follow-up assistance is provided at VETS-4212 Internet site at http://www.dol.gov/vets/vets4212.htm or employers may contact the VETS-4212 customer support at (866) 237- 0275 or e-mail at VETS4212-customersupport@dol.gov.

VETS-4212 Reports must be filed between August 1 and September 30 of each year following a calendar year in which a contractor or subcontractor held a covered contract or subcontract.

http://www.sam.gov/ http://www.dol.gov/vets/vets4212.htm http://www.dol.gov/vets/vets4212.htm mailto:VETS4212-customersupport@dol.gov

Upon the successful submission of a VETS-4212 report, federal contractors will receive an email confirmation of receipt notification for their records. Offerors shall include a copy of their confirmation notification email in their proposal as verification of submission for the current reporting period. DO NOT SUBMIT A COPY OF THE REPORT ITSELF. If this requirement is not applicable to your firm, provide a statement that your firm does not have any contracts subject to this requirement.

A contract cannot be awarded to a contractor that has not submitted a required annual form VETS-4212, Federal Contractor Veterans’ Employment Report (VETS-4212 Report) if subject to the reporting requirements of 38 U.S.C.

4212(d) for that fiscal year.

Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of all requirements included in the base period and all option period line items. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) of the solicitation. In accordance with FAR 52.217-5, evaluation of options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the RFP.

ii. Comparison of proposed prices with the IGCE.

iii. Comparison of proposed prices with available historical information.

iv. Comparison of market survey results.

A price that is found to be unreasonably high in relation to the proposed work may result in the overall proposal being considered unacceptable. The burden of proof of price reasonableness rests solely with the offeror.

Offers may be evaluated as unacceptable if they lack the following additional business information with their proposal:

• Company Name, Address, Point of Contact

• DUNS number

• CAGE CODE number

• TIN

• NAICS Code

• Business Size

• RFQ Amendment acknowledgements

• Unit price/rate or extended price for any item within the quote

(10) Offerors shall include a completed copy of the provision at 52.212-3 Offeror Representations and

Certifications -- Commercial Items, with its offer.

(11) FAR 52.212-4 Contract Terms and Conditions – Commercial Items is applicable to this acquisition and any applicable addenda to this clause.

(12) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items applies to this acquisition and the additional FAR clauses cited in the clause are applicable to this acquisition.

(13) The anticipated award date is May 1, 2020 with a start date of May 15, 2020. Offeror agrees to hold its offer firm until May 30, 2020.

(14) Defense Priorities and Allocations System: Not applicable.

(15) Quote/Proposal due date and delivery location:

Quotes/Proposals are due by Friday, April 24, 2020 by 2:00 PM, (Pacific Time). Deliver quote via email to marcus.j.madero@navy.mil , shannan.ward@usmc.mil , and lisa.delapena@navy.mil.

• Offerors shall provide either a Microsoft Word 2007 or later version or Adobe Acrobat 5.0 or later version of the technical portion of the quote/proposal.

• For the pricing portion of the proposal, all formulas must be compatible with Microsoft Office 2007 or later. Leave all excel formulas open in the spreadsheet. In addition, Offerors shall round all proposal figures in the ELIN schedule to two decimal places.

(16) Pre-proposal conference:

There will be no pre-proposal conference combined with a site visit. Requests for Information (RFIs) will be due on Thursday, April 16, 2020 at 11:00 A.M. Pacific Standard Time (PST).

If a prospective Offeror does not submit any questions via RFI, it will be construed to mean that the Offeror fully understands all requirements of the solicitation. All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing. However, if an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as required by FAR Clause 52.212-1 Instruction to Offerors of the solicitation.

(17) Attachments:

Technical Annexes:

Annex 0100000 – C General Information Annex 0200000 – C Management and Administration Annex 1502000 – C Custodial Annex 1503020 – C Pest Control Annex 1503050 – J Grounds Maintenance and Landscaping

Wage Determination:

J-0200000-08 – SCA Wage Determination (WD #2015-5635)

Exhibit Line Item Number (ELIN) Schedule:

J-0200000-09 – ELIN Schedule

Maps:

RMS – 100 Folder RMS – 200 Folder RMS – 300 Folder RMS – 400 Folder RMS – 500,600,800 Folder RMS – AFA Folder RMS – Aviation Folder RMS – CAL Sites Folder RMS – Combat Sites Folder RMS – DZ Sites Folder RMS – Edson Folder RMS – LFAM Folder RMS – LZ Sites Folder RMS – Misc. Sites Folder RMS – MP-MFA Folder RMS – OP Folder RMS – Roads Folder RMS – Training Sites/Area Folder mailto:marcus.j.madero@navy.mil mailto:shannan.ward@usmc.mil mailto:lisa.delapena@navy.mil

Other:

Inventory Photo of the current condition of a range

The following provisions and clauses (incorporated by reference) are required to be completed by the prospective offerors and must be submitted with the offer:

52.209-7 – Information Regarding Responsibility Matters (Oct 2018) 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-12 – Certification Regarding Tax Matters (Feb 2016) 52.212-3 – Offeror Representations and Certifications -- Commercial Items (Oct 2018) – Alternate I (Oct 2014) 52.219-1 – Small Business Program Representation (Alt I) 52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Aug 2018)

General Clauses and Provisions:

52.202-1 – Definitions (Nov 2013) 52.203-3 – Gratuities (Apr 1984) 52.203-13 – Contractor Code of Business Ethics and Conduct (Oct 2015) 52.204-2 – Security Requirements (Aug 1996) 52.204-7 – System for Award Management (Oct 2018) 52.204-9 – Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 – Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-1 – Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018) 52.212-4 – Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.217-5 – Evaluation of Options (Jul 1990) 52.232-18 – Availability of Funds (Apr 1984) 52.232-33 – Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) 52.232-36 – Payment by Third Party (May 2014) 52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 252.201-7000 – Contracting Officer's Representative (Dec 1991) 252.203-7000 – Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7003 – Agency Office of the Inspector General (Aug 2019) 252.203-7005 – Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7004 – Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7006 – Billing Instructions (Oct 2005) 252.204-7008 – Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7009 – Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016) 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.205-7000 – Provision of Information to Cooperative Agreement Holders (Dec 1991) 252.215-7008 – Only One Offer (Jul 2019) 252.215-7010 – Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Jul 2019) 252.216-7006 – Ordering (Sep 2019) 252.219-7003 – Small Business Subcontracting Plan (DoD Contracts) (May 2019) 252.226-7001 – Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 – Wide Area WorkFlow Payment Instructions (Dec 2018) **Completed after award** 252.232-7010 – Levies on Contract Payments (Dec 2006) 252.232-7011 – Payments in Support of Emergencies and Contingency Operations (May 2013) 252.243-7001 – Pricing of Contract Modifications (Dec 1991) 252.243-7002 – Request for Equitable Adjustment (Dec 2012) 252.244-7000 – Subcontracts for Commercial Items (Jun 2013)

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L.

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(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, 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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). The following deviation is applicable to this solicitation: 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2019) (DEVIATION 2019-O0003).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) 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)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov 2011) (15 U.S.C. 657f).

_X_(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_(28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X_(29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_(30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

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

_X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_(33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

_X_(34) 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_(55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X_(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (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:

_X_(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_(4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_X_(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 (Jan 2019) (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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627).

(xv) 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.)

(xvi) 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)

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

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

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)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)

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50, 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 $2,000,000;

(2) Any order for a combination of items in excess of $2,000,000; or

(3) A series of orders from the same ordering office within 3 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 3 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 365 days after the basic award contract completion date.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.