Combined Synopsis Solicitation_RFQ and Attachment (Final).pdf

W91247-21-Q-CW02

DEPARTMENT OF UNITED STATES ARMY

MISSION AND INSTALLATION CONTRACTING COMMAND – FORT BRAGG

Release: 24 March 2021

MEMORANDUM FOR ALL PROSPECTIVE VENDORS

FROM: Mission and Installation Contracting Command (MICC) – Fort Bragg

SUBJECT: Establishment of Blanket Purchase Agreement (BPA) to provide Class IX Equipment Repair Parts (parts, component supplies and equipment) in support of the 20th Engineer Brigade and subordinate units, Supply BPA Program at Fort Bragg

1. The MICC – Fort Bragg proposes to establish multiple award Blanket Purchase Agreements (BPAs) to provide Class IX Equipment Repair Parts, in support of the 20th Engineer Brigade and subordinate units located at Fort Bragg, NC, Fort Stewart, GA, Fort Knox, KY and Fort Polk, LA for a one (1) year term. ALL vendors interested in providing equipment repair parts, component supplies, and equipment at Fort Bragg, NC, Fort Stewart, GA, Fort Knox, KY and Fort Polk, LA shall submit the required information included in this notice. Please keep in mind, a BPA is not a binding contract, they are agreements, and as agreements, prices must be set prior to any Call Orders being placed against the BPA. Additionally, since it is an agreement and not a contract, either party may choose to terminate an agreement provided a 30-day notification is given.

2. Attached is an Example Work Order Request (Attachment 1 – Example Work Order Request) and general terms and conditions of a BPA. If you are interested in establishing a BPA with our office, please complete the attached Example Work Order Request. The Work Order Request includes a sample repair parts order request. You are to provide your best pricing terms and estimated lead times for each item requested. In addition, you are to provide recent and relevant past performance in accordance with the instructions in Attachment 2 – Past Performance. Past Performance is not necessary if the vendor lacks any, in accordance with Federal Acquisition Regulations (FAR) provisions. Attachment 3 includes the Statement of Work.

3. As mentioned, our office will establish multiple BPAs for the procurement of equipment repair parts. The determination of the contractor, who is actually chosen for an agreement with the government, will be made based on a general assessment of pricing and past performance. The Government will not conduct a formal evaluation but will consider the totality of information received regarding pricing and past performance in order to determine which firms will be offered BPAs. Differences in the average pricing terms (among vendors which offer reasonable pricing) and past performance evaluation (among vendors with acceptable past performance) will be considered if more responses are received than BPAs to be established. Responses received from any acceptable vendors which are not offered a BPA will be kept on file for possible addition at a later time should that become necessary.

The Government reserves the right to immediately reject, without further consideration, any responses received that do not comply with any requirement of this solicitation, the SOW, or other terms and conditions.

Your response should include a statement that, if offered a BPA, prices will be at least as low, and terms and conditions at least as favorable, as those offered to your most favored customer for all comparable equipment repair parts, component supplies, and equipment.

4. Return the attached Example Work Order Request with the pricing and delivery terms you would be able to offer the Government for such an order if placed at the current time (we understand that market conditions could fluctuate in the future), along with your past performance to my attention no later than 31 March 2020 at 10:00 a.m., as I intend to have the BPAs in place and effective beginning 01 April 2021 through 31 March 2022. If your company is selected to establish an agreement with us, (the government), I will forward you the additional information you will need to complete. This information will include how call orders are placed, as well as a list of individuals who are authorized to place call orders for this proposed agreement.

5. The pricing schedule and past performance is to be e-mailed to:

christine.g.whipkey.civ@mail.mil and sandra.a.kharan.civ@mail.mil. If you have any questions, please Email Mrs. Whipkey.

VIRGINIA A. ROBERTS

Contracting Officer

Attachments

1. Work Order Request

2. Past Performance

3. SOW BPA Terms and Conditions

4. Entry Strategy For BPAs

5. Clauses applicable to the BPA

6. Parts Listings (Separate Excel Attachments) mailto:christine.g.whipkey.civ@mail.mil mailto:sandra.a.kharan.civ@mail.mil.

ATTACHMENT 1 – Work Order Request

SUPPLY REQUEST FORM

DMO/Work Order #:

100001234567

Shop: 1127 PO #:

Priority (circle one): 3 Bldg. #: Floor #:

1 Room #: 2 PR #: 2000222222

POC

Name: JOHN DOE

Phone #:

910-111-

Date:

Supervisor

Name: JANE DOE

Phone #:

910-333-

Signature:

Manufacturer:

Model #:

Serial #:

Circle One: System Component or End Item

Brand Name or Equivalent (Equivalent items must perform as well and be equally Acceptable)

NSN/Part # Detailed Description (Be Specific) Qty Unit of

Issue Unit Price

Total Quoted Price

12583471

012583471 -

SWITCH.LOCK.IGNITION

(Parts listing COMPACTOR –

CAT-SLEP-LIN 61618)

EA

15847830

015847830 - FLOODLIGHT.ELECTRIC (Parts Listing EXCAVATOR – John Deer

LIN E27792-E27860)

1 EA

123454919

123454919 – SPEEDOMETER

(Parts Listing HUSKY – AFRICA-

LIN V05001)

16502911

016502911 - CYLINDER

ASSEMBLY.ACTUATING.LINEA

R (Parts Listing IHMEE-JCB LIN H53576)

Parts/Serial Numbers Must Match Description of Item

Estimated S/H Charge

Estimated Delivery Date: Lead Time: Total Price

Invoices Must Accompany Delivery *** Delivery Times Between 0800-1500 Only Buyer’s Name:

PURCHASING AGENT

Order Date: Received Date: Issue Date:

Property Book: Yes or No

LPA:BPA AR

420-1

Approving Official’s Signature:

Date:

Remarks:

Transaction Date: Vendor: Transaction Price:

ATTACHMENT 2 - PAST PERFORMANCE

1. Past performance information shall include recent and relevant contracts/BPAs for the same or similar projects and other references (including contract numbers, points of contact with telephone numbers and other relevant information).

2. Please provide recent and relevant past performance information on contracts/BPAs that your firm or major subcontracts/joint ventures have performed to demonstrate the necessary experience to provide equipment repair parts, component supplies, and equipment, and have adequately performed in similar contract and/or BPA efforts. Optionally, you may also provide information regarding your firm’s dependability, the quality of your firm’s supplies, pricing offered your firm vendor relative to other vendors, and the quantity of equipment repair parts, component supplies, and equipment your firm sells.

3. Please submit information on contracts or orders that provide the best evidence of experience providing equipment repair parts, component supplies, and equipment. Submit at least three (3), if possible, but no more than five (5) references. Each reference must include the following information:

a. Contract number and contract dollar value;

b. Contract performance period;

c. A brief description of the contract requirements;

d. Relevance of contract work performed to subject requirement (repair parts).

e. Contract point of contact name, telephone number, and facsimile number.

f. Optional: any feedback about your experience regarding the dependability of this vendor, the quality of supplies from this vendor, and the pricing offered by this vendor relative to other vendors.

4. As part of the past performance evaluation, past performance will be evaluated using recent and relevant information of the quality of work obtained from the references provided as well as past performance information independently obtained by the Government. Past performance will be evaluated and given of rating of "Acceptable", or "Unacceptable" as defined below.

Definitions of Ratings for Past Performance:

Acceptable - Based on the contractor’s performance record, the Government has a reasonable expectation that the contractor will successfully perform the required effort, or the contractor's performance record is unknown.

Unacceptable - Based on the contractor's performance record, the Government has no reasonable expectation that the contractor will be able to successfully perform the required effort.

ATTACHMENT 3 – STATEMENT OF WORK AND BPA TERMS AND CONDITIONS

1.0 SCOPE. The Contractor shall provide all management, personnel, equipment, tools, materials, supervision, transportation and other items necessary to ensure quality equipment repair parts are timely delivered to the respective customer’s location(s), including delivery to any of the following when required by a call: Fort Bragg, NC, Fort Polk, LA, Fort Stewart, GA, and Fort Knox, KY. The Contractor shall comply with all requirements contained within this Statement of Work (SOW) and subject to the terms and conditions of the Blanket Purchase Agreement (BPA) and Call Order. The Government shall not exercise any supervision or control over the contract supply providers performing the delivery herein.

1.1 The Contracting Officer is the only person authorized to direct changes to this BPA, and, notwithstanding any provision contained elsewhere in this BPA, said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, implementation of such change will be considered made without authority and solely at the risk of the Contractor.

1.2 The Supplier agrees to furnish Class IX Equipment Repair Parts (provide parts, component supplies and equipment) described herein, if and when requested by the Contracting Officer or authorized representatives of the Contracting Officer during the specified term of this agreement. Reference applicable Technical Exhibits for listing of parts that may be procured under this BPA.

1.3 The ordering period is from 1 April 2021 – 31 March 2022, or from date of establishing Agreement through 31 Mar 2022. BPAs will be reviewed annually and may be extended for an additional two years if in the Governments best interest.

2.0 BPA TERMS.

2.1 Delivery Timeline Requirements. All ordered items identified on the ordering schedule shall be delivered within seven (7) calendar days from the date the contractor receives an order from the government.

2.2 Points of Delivery. Requested supplies shall be delivered to the military installation listed in the call, including by delivery to any of the following addresses, directing the delivery to the attention of the ordering officer at his or her respective unit:

1913 West 15th Street, BLDG 3015 Fort Stewart, GA 31314 2175 Reilly Road, Stop A Fort Bragg, NC 28310 8113 Mississippi Ave. BLDG 2262 Fort Polk, LA 71459 175th Tornado Road Fort Knox, KY 40221

2.3 Normal Delivery Hours. The Contractor is responsible for supply delivery services, between the hours of 0700-1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-announced facility closings. The Contractor shall maintain an adequate stock supply for the uninterrupted delivery of all orders as defined within this SOW when the Government facility is not closed for the above reasons.

2.4 Ordering Schedule. The types and estimated annual quantities of the supplies the government contemplates ordering are unidentifiable and will be ordered on an as needed basis.

2.5 Extent of Obligation. The Government is obligated only to the extent of authorized calls actually placed against this BPA. This BPA does not obligate any funds. Funds are obligated only when a call is placed against the BPA.

2.6 Purchase Limitation. BPA Master Dollar Limit is $1,000,000.00. BPA Call Limit is $250,000. No individual call placed against this agreement by an authorized Ordering Officer shall exceed $25,000 (Government Purchase Card (GCP) threshold). Orders exceeding $25,000 will be placed against this agreement by the Contracting Officer.

2.7 Payments. All payments will be made via the Government Purchase Card (GPC), except for orders exceeding $25,000.000. For Orders that exceed this threshold, payment is due under this BPA upon receipt of a proper invoice accompanied by all documents required under each individual BPA Call Order in Wide Area Workflow (WAWF).

2.8 Invoices. Invoices shall be submitted to the credit card holder/authorized Ordering Official that made the BPA Call for orders placed below the $25,000 GPC threshold. For orders placed by the Contracting Officer, invoices shall be submitted through WAWF for processing of payment.

2.8.1 A summary invoice shall be submitted monthly for all deliveries/call outs made during a billing period, in identifying the delivery tickets/ call outs covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets/call outs.

2.9 Delivery Tickets/Invoices. All deliveries under this agreement must be accompanied by delivery tickets and/or sales slips which must contain the following minimum information:

• Name of Supplier.

• BPA number.

• Date of purchase.

• Call Order number.

• Itemized list of supplies furnished.

• Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

• Date of delivery or shipment.

2.10 Placing Orders.

2.10.1 It is the Government’s intent to have BPA holders compete for requirements based on best value.

2.10.2 Generally, the basis for selection of best value will include price and the BPA Contractor’s ability to meet the schedule delivery requirements. However, selections will vary depending on the uniqueness of each requirement. One or more of the following criteria may be considered in addition to price and delivery: past performance, potential impact on other orders placed with the BPA holder, and current workload. These factors will be considered in a totality of the circumstances, at the discretion of the ordering officer or contracting officer.

2.10.3 Orders will be placed against this BPA utilizing Email, fax, paper, or oral communications. The following information will be provided:

(1) BPA number

(2) Call Order Number (This number is a five-digit sequential numeric identifier of each order placed.)

(3) Specified description of supplies being purchased

(4) The time and place of delivery

2.10.4 Authorization for placing and administering Calls under this BPA is delegated solely to the individuals listed/authorized by the Contracting Officer. A listing of individuals authorized to place calls under this agreement, identified by organizational component, and the dollar limitation per call for each individual will be furnished to the Contractor.

2.11 Pricing. Pricing for this BPA shall be based on commercial pricing. The Contractor shall provide to the Government prices that are as low as or lower than those prices charged to their preferred customers for comparable items. Prices offered under the BPA shall be uniformly offered to all authorized users of this BPA.

Government agencies are exempt from sales taxes.

2.12 Supply Manager. The Contractor shall provide an individual who shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The name of the individual and alternate(s) who can act for the Contractor shall be designated in writing to the Contracting Officer and the Contracting Officer’s Representative (COR) prior to contract start and whenever a change occurs. The Supply Manager and an alternate(s) shall have the authority to make decisions, without undue delay, which may arise in performance of the contract.

2.13 Unsatisfactory Materials. In the event that unsatisfactory materials are received by the government from the contractor, the contractor shall be responsible for the pick-up and return of the unsatisfactory materials, handling of re-stocking fees as required and shipping of corrected or satisfactory materials back to the government at no additional cost to the government. Unsatisfactory materials are materials that either do not match the type, quantity or model/serial number of that which was ordered or are that which is damaged, faulty, or inoperable through no fault or negligence of the government. The contractor shall be responsible for shipping corrected or satisfactory materials within five (5) calendar days from the time the government provides notification to the contractor that the original materials received were unsatisfactory.

2.14 Warranty: All applicable warranties for commercially available off-the-shelf products will be made available to the government per FAR 52.212-4.

2.15 Terms for Exiting (cancelling) this Agreement.

2.15.1 If the Contractor fails to provide competitive offers or if the contractor has a history of late or delinquent deliveries, the BPA may be cancelled at any time during the period of performance.

2.15.2 If changes occur in the market place, different sources of supply are identified, or any other pertinent factors occur, BPAs may not be renewed and may be cancelled at any time.

2.15.3 If a supplier does not respond to a request for quotation (provide pricing for requested items) for a 6 month period, then the BPA may be cancelled.

2.16 This BPA will be reviewed, at least annually, by the Contracting Officer to assess the Contractor’s performance and to determine whether this agreement remains in the best interest of the Government. If determined in the best interest of the Government, this Agreement may be extended for an additional two year period of performance at the annual Master BPA Limit of $1,000,000 for each year extended.

3.0 SECURITY AND INSTALLATION ACCESS.

3.1 Fort Bragg, Fort Stewart, Fort Polk and Fort Knox are all closed posts with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property.

Contractor vehicles (Contractor-owned and personal), Contractor personnel, and their personal property shall be subject to searches upon entering or leaving the Installation. The search and seizure provisions of AR 190-22 shall apply to Contractor personnel entering or leaving any installation or activities/installations in the area of responsibility which require access by Contractor personnel in performance of this contract. The Contractor should be aware that force protection awareness requirements and installation closure exercises are increasing and installation access is restrictive.

3.2 Automated Installation Entry (AIE): Contractor personnel shall gain access to Fort Bragg, Fort Stewart, Fort Polk or Fort Knox through the Posts Automated Installation Entry (AIE) Badge system. To register and receive an AIE access control badge, the contractor must complete and submit the Directorate of Emergency Services (DES) Form 118 to the COR. Once submitted a NCIC (National Crime Information Center) Level III background check will be completed on each employee requesting access. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to any of the installations. All contractor personnel shall be U.S. citizens and legal to work in the United States.

Contractor personnel performing work under this contract shall be escorted by Government personnel at restricted areas. The Contractor shall provide at the Post Award Conference a list of all personnel requiring access to any facility or building. The list shall include the employee’s full name and social security number.

3.3 Contractor Vehicles. The Contractor’s vehicles shall display the Contractor’s name/logo on both sides of the vehicle so that it is clearly visible and readable to a distance of at least 50 ft. Contractor and sub-contractor vehicles shall fully comply with the vehicle registration requirements regarding Contractor-owned and Contractor employee privately owned vehicles (POVs) require valid state registration, license plates and inspection stickers. Contractor vehicles and Contractor employee POVs will be searched if the appropriate passes/decals are not displayed when entering Control Points (ACPs). All vehicles, including those with passes/decals, are subject to random search at any time.

3.4 Eligibility Verification for Employment. E –Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem.

All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the documents information on the Form I-9.

4.0 FEDERAL HOLIDAYS. Any reference made to holidays shall be construed to mean the Government holidays listed below:

New Year's Day 1 January Birthday of Martin Luther King Jr.

3rd Monday in January

Washington's birthday

3rd Monday in February

Memorial Day last Monday in May Independence Day 4 July

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day 11 November Thanksgiving Day 4th Thursday in

November Christmas Day 25 December

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday will be observed as a legal holiday.

5.0 BPA ADMINISTRATION. After award, the Mission & Installation Contracting Command (MICC) – Fort Bragg, Contract Administration Division, will administer the BPAs and issue Call Orders. The Contractor shall, after receipt of the BPA, direct all questions concerning the contract to:

Mission & Installation Contracting Command MICC – Fort Bragg Contracting Officer: Sandra Kharan Contract Specialist: Christine Whipkey

5.1 IMPORTANT NOTICE. The Contractor shall not accept any instructions issued by any person other than the Contracting Officer or his/her authorized representative acting within the limits of his/her authority. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting BPA issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise, shall be considered as grounds for deviation from any provisions, conditions or other terms of these documents.

ATTACHMENT 4 – ENTRY STRATEGY FOR BPAs

GUIDELINES TO ESTABLISH BLANKET PURCHASE AGREEMENTS (BPA)

1. The number of BPAs shall be at least eight (8) and no more than ten (10) contractors providing Class IX Equipment Repair Parts (parts, component supplies and equipment) in support of the 20th Engineer Brigade Supply BPA Program at Fort Bragg. This allows for maximum practicable competition between the BPA holders.

2. Reviews of current BPAs will be conducted annually and, if deemed necessary by the Government, may be extended for an additional two year ordering period and recommendations for new candidates will be accepted, each February, starting February 2022, using the guidelines for the entry strategy.

ENTRY:

1. The Contractor must have the ability to provide Class IX Equipment Repair Parts in support of the 20th Engineer Brigade Supply BPA Program at Fort Bragg, NC, Fort Stewart, GA, Fort Knox, KY and Fort Polk, LA.

2. Contractor will be considered for a BPA upon confirming verifying their SAMS registration is valid and show identified NAICS codes.

a. The ONLY NAICS code acceptable for this agreement is 336992.

3. Contractor will be considered for a BPA if their past performance has shown them to be dependable providing Class IX Equipment Repair Parts at a consistently reasonable price and who have provided numerous purchases at or below the simplified acquisition threshold.

4. Past performance must be satisfactory. A “no record found” will be considered satisfactory.

ATTACHMENT 5 – CLAUSES APPLICABLE TO THE BPA

CLAUSES INCORPORATED BY REFERENCE

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):

https://www.acquisition.gov

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the JUN 2020 Government 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and JUN 2020 Requirement to Inform Employees of Whistleblower Rights 52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications 52.204-25 Prohibitions on Contracting for Certain AUG 2020 Telecommunications and Video Surveillance Services or Equipment 52.212-1 Instructions to Offerors – Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions – Commercial OCT 2018 Items 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-3 Hazardous Material Identification and Material JAN 1997 Safety Data 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.204-24 Representation Regarding Certain OCT 2020 Telecommunications and Video Surveillance Services or Equipment 52.225-25 Prohibition on Contracting with the Entities JUN 2020 Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes – Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items OCT 2020 52.246-2 Inspection of Supplies – Fixed Prices AUG 1996 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 http://www.acquisition.gov/

252.204-7012 Safeguarding Covered Defense Information and DEC 2019 Cyber Incident Reporting 252.205-7000 Provision of Information to Cooperative Agreement DEC 1991

Holders 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.225-7001 Buy American and Balance of Payments Program DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

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

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 5 2.233-3, Protest After Award (Aug 1996) (3 1 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer checked as appropriate.] xx (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (4 1 U.S.C. 4704 and 1 0 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020)

(41 U.S.C. 3509)).

xx (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.)

xx (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

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

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

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

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

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

(13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020)

(15 U.S.C. 644).

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018)

(15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020)

(15 U.S.C. 637(d)(4)).

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

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

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

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

(18) (i) 5 2.219-13, Notice of Set-Aside of Orders (Mar 2020) (1 5 U.S.C. 644(r)).

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

______ __ (19) 5 2.219-14, Limitations on Subcontracting (Mar 2020) (1 5 U.S.C. 637(a)(14)).

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Re-representation (May 2020) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (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) 5 2.219-33, Non-manufacturer Rule (Mar 2020) (1 5U.S.C. 637(a)(17)).

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

xx (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

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

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

xx (31) (i) 5 2.222-35, Equal Opportunity for Veterans (Jun 2020) (3 8 U.S.C. 4212).

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

xx (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

(29 U.S.C. 793).

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

xx (33) 5 2.222-37, Employment Reports on Veterans (Jun 2020) (3 8 U.S.C. 4212).

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

xx (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020)

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

(ii) Alternate I (Mar 2015) of 5 2.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 5 2.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

xx (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

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

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

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

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

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

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

(48) 5 2.225-1, Buy American-Supplies (May 2014) (4 1 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 1 9 U.S.C. 3301 note, 1 9 U.S.C. 2112 note, 1 9 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

(50) 5 2.225-5, Trade Agreements (Oct 2019) (1 9 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

(52) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007)

(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 (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 1 0 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan2017)

(41 U.S.C. 4505, 1 0 U.S.C. 2307(f)).

(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).

xx (60) 5 2.232-36, Payment by Third Party (May 2014) (3 1 U.S.C. 3332).

(61) 5 2.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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

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

2006) (46 U.S.C. Appx. 1241(b) and 1 0 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:

(1) 5 2.222-41, Service Contract Labor Standards (Aug 2018) (4 1 U.S.C. chapter67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)

(29 U.S.C. 206 and 4 1 U.S.C. chapter 67).

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

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 2 9U.S.C.206 and 4 1 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).

xx (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020)

(41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 5 2.219-8, Utilization of Small Business Concerns (Oct 2018) (1 5 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 1 9.702(a) on the date of subcontract award, the subcontractor must include 5 2.219-8 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) 5 2.222-35, Equal Opportunity for Veterans (Jun 2020) (3 8 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

(29 U.S.C. 793).

(x) 5 2.222-37, Employment Reports on Veterans (Jun 2020) (3 8 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) 5 2.222-41, Service Contract Labor Standards (Aug2018) (4 1 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020)

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

(B) Alternate I (Mar2015) of 5 2.222-50 (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 (May2014) (41 U.S.C. chapter 67).

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

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

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

13706).

(xix) (A) 5 2.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

2006) (46 U.S.C. Appx. 1241(b) and 1 0 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)

ATTACHMENT 6 – PARTS LISTINGS (SEPARATE EXCEL ATTACHMENTS)