DAIRY.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

l 5B2 l 620Q000000 14 05/02/2020

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/ LOCAL

INFORMATION CALL: TIME

Samantha Mazzone smazzone@bop.gov (0) 330-420-6460 (F) 330-420-6445 05/ 15/2020 14:00:00

9. ISSUED BY CODE I t5B2 16 10. THE ACQUISITION IS 0 UNRESTRICTED OR • SET ASIDE: % FOR

Federal Bureau of Prisons • SMALL BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCI Elkton • HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 3 l 15 l I

8730 Scroggs Road BUSINESS • EDWOSB

• SERVICE-DISABLED SIZE STANDARD: 1000 Lisbon, OH 44432 VETERAN-OWNED • SMALL BUSINESS 8(A) Employees 11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NETtO • RATED ORDER UNDER DPAS

~ SEE (15 CFR 700) ~4 . METHOD OF SOLICITATION

SCHEDULE ~ RFQ • IFB • RFP

15. DELIVER TO CODE 15B2 16 16. ADMINISTERED BY CODE I 15B216

FCI Elkton (0) 330-420-6200 x l3 16

Federal Bureau of Prisons Food Service Warehouse FCI Elkton 8730 Scroggs Road 8730 Scroggs Road Lisbon, OH 44432 Lisbon, OH 44432

17a. CONTRACTOR/ GODE i I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I 15B2 16

OFFEROR CODE

FCI Elkton (0) 330-420-6200

Attn: Accounts Payable ELK/Business Office-@bo

PO Box 129 Lisbon, OH 44432-0129

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEtjADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED SEE ADDENDUM

I 19. 20. 21 . 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4TH Quarter Dairy Requirements (FY 2020) (July, August, September)

All or None Award

Note: A mandatory delivery schedule is attached.

See Continuation Sheet(s) ( Use Rn--erstt and/or Allach Addi1io11al Sh1.>elS as Nccessur)')

25. ACCOUNTING AND APPROPRIATION DATA 1 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

LJ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212:5 ARE A TT ACHED. ADDENDA LJ ARE ~ ARE NOT ATTACHED n 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 . FAR 52.212-5 IS ATTACHED. ADDENDA n ARE ARE NOT ATTACHED

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTH ERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRIND 30c. DATE SIGNED

• 29. AWARD OF CONTRACT: REF. ~~~-=----=-c,-,..,=c.,,,...,.,..,...,,,.,...,,.OFFER

DATED _ _____ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

31 c. DATE SIGNED

Samantha Mazzone 05/02/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA- FAR (48 CFR) 53.212 i p.gov

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19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________ _

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g . E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

O coMPLETE • PARTIAL • FINAL

I PARTIAL I ! FINAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

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Table of Contents

Description Page Number

Soli citation/Contract Form .... ........ ... ...... ..... .... .... ...... ........... ......................... .. .. ..... .. ................ ....... .............. .. I Commodity or Services Schedule Contract Clauses

52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Oct 2019) - Alternate I (Feb 2000) 52.204-25 Proh ibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 20 19)

List of Attachments Solicitation Provisions

52.2 12-3 Offeror Representations and Certifications--Commercial Items (Dec 2019) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 20 19) 52.212-1 Instructi ons to Offerors-Commercial Items (Oct 201 8) 52.204-16 Commerc ial and Government Entity Code Reporting (Jul 20 16)

52.2 12-2 Eva luation-Commercial Items (Oct 2014)

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price

See attached list.

This will be an All or None award.

The delivery is from July 1, 2020 thru September 30, 2020.

Mandatory delivery schedule attached.

Dairy must be delivered to the FCI Elkton Food Service Warehouse by 11 :00 a.m. (EST) on scheduled delivery dates (note: delivery schedule is attached).

4TH Quarter Dairy Requirements (FY 2020) (July, August, September)

PSC: 8910

4th Quarter Dairy Requirements (FY 2020) (July, August, September)

All or None Award

Note: A mandatory delivery schedule is attached .

1.000000 LT $ $ $

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB 1998)

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

Clause [Title Fill-ins (if applicable)

52 .212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

Clauses By Full Text

52 .204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 20 19)

(a) Definitions. As used in this clause--

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means--

( 1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government faci liti es, physical securi ty surveillance of critical infrastructure, and other national securi ty purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affi liate of such entities) ;

(3) Telecommunications or video survei ll ance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau oflnvestigation, reasonably believes to be an entity owned or controll ed by, or otherwise connected to, the government of a covered fore ign country.

"Critical technology" means--

(I) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22 , Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Adminis tration Regulations under subchapter C of chapter VIJ of title 15, Code of Federal Regulations, and controlled--

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(i) Pursuant to multi lateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stabi lity or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of ti tle 10, Code of Federal Regu lations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part I IO of title I 0, Code of Federal Regulations (relating to export and import of nuclear equipment and material) ;

(5) Select agents and toxins covered by part 33 I of title 7, Code of Federal Regulations, part 12 I of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational techno logies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

"Substantial or essential component" means any component necessary for the proper function or perfonnance of a piece of equipment, system, or service .

(b) Prohibition . Section 889(a)(l )(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13 , 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered te lecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2 104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(!) A service that connects to the facilities ofa third-party, such as backhaul , roaming, or interconnection arrangements ; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or pennit visibility into any user data or packets that such equipment transmits or otherwise hand les.

(d) Reporting requirement.

(I) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the infonnation in paragraph (d)(2) of this clause to the Contracting Officer, un less elsewhere in this contract are established procedures for reporting the infonnation; in the case of the Department of Defense, the Contractor shall report to the webs ite at hllps://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at hltps://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph ( d)( I) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supp lier name; supplier unique entity identifier (if known) ; supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily availab le infonnation about mitigation actions undertaken or recommended.

(ii) Within IO business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts . The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52 .212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Oct 20 I 9) - Alternate I (Feb 2000)

(a) The Contractor shall comply with the following Federa l 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:

(I) 52.203- 19, Prohibition on Requiring Certain Internal Confidentiali ty Agreements or Statements (Jan 2017) (section 743 of Divis ion E, Title Vil, 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 , Proh ibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-9 1 ).

(3) 52.209- I 0, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3 , Protest After Award (Aug 1996) (3 1 U.S.C. 3553).

(5) 52 .233-4, App licable 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 comp ly w ith the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate. ]

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

IO U.S .C. 2402).

_ (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (Oct 2015) (4 1 U.S .C. 3509)).

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 20 I 0) (Section 1553 of Pub. L. 111 -5). (App lies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 20 18) (Pub. L. I 09-282) (3 1 U.S.C.

610 1 note) .

_ (5) [Reserved] .

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 20 I 6) (Pub. L. 111-11 7, section 743 of Div. C) .

_ (7) 52.204-15 , Service Contract Reporting Requirements for Indefini te-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 Debannent. (Oct 2015) (3 1 U.S.C. 610 I note) .

_ (9) 52.209- 9, Updates of Publicly Available Infom1ation Regarding Responsibility Matters (Oct 20 18) (4 1 U.S.C. 23 13).

_ ( I 0) [Reserved] .

_ (11 )( i) 52 .2 19-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 20 11 ) (15 U.S.C. 657a) .

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_ (i i) Alternate I (Nov 20 11 ) of 52.2 19-3.

_ (I 2)(i) 52.2 19-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 201 4) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ (i i) Alternate I (Jan 20 11 ) of 52.2 19-4.

_ (13) [Reserved]

_ (14)(i) 52 .219-6, Notice of Total Small Business Set-Aside (Nov 2011 ) (15 U.S.C. 644).

_ (i i) Alternate I (Nov 20 11).

_ (iii) Alternate II (Nov 201 I).

_ (I 5)(i) 52.2 I 9-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644) .

_ (ii) Alternate I (Oct 1995) of 52.2 19-7.

_ (i ii ) Alternate II (Mar 2004) of 52 .219-7.

_ (16) 52 .2 19-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_ (I 7)(i) 52.219-9, Small Business Subcontracting Plan (Aug 20 I 8) (15 U.S.C. 637(d)(4)) .

_ (ii) Alternate I (Nov 2016) of 52 .2 19-9.

_ (iii) Alternate II (Nov 20 16) of 52.219-9.

_ (iv) Alternate III (Nov 2016) of 52 .2 I 9-9.

_ (v) Alternate IV (Aug 2018) of52.219-9.

_ (18) 52 .2 I 9- 13, Notice of Set-Aside of Orders (Nov 20 11 ) ( 15 U.S.C. 644(r)).

_ (1 9) 52.2 19-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(l4)).

_ (20) 52.219-16, Liquidated Damages--Subcon-tracting 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. 657 f) .

_ (22) 52.2 I 9-28, Post Award Small Business Program Rerepresentation (Ju l 20 I 3) ( 15 U.S.C. 632(a)(2)).

_ (23) 52.2 19-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 20 15) ( 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 20 15) (15 U.S.C. 637(111)) .

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11 755) .

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 20 18) (E.O. 13 126).

X (27) 52.222-2 1, Prohibition of Segregated Facilities (Apr 20 15).

X (28)(i) 52.222-26, Equal Opportunity (Sept 20 16) (E.O. 11 246).

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

X (29)(i) 52.222-35 , Equal Opportunity for Veterans (Oct 20 15)(38 U.S.C. 42 I 2) .

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

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

_ (ii) Alternate I (July 20 14) of 52.222-36.

X (3 1) 52.222-37, Employment Reports on Veterans (Feb 20 16) (38 U.S.C. 4212).

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X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 10) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_ (34) 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.)

_ (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 app licable to the acquisition of commercially avai lable 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 ava ilable off the-shelf items.)

_ (36) 52 .223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 20 I 6) (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 20 14) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of52 .223-13.

_ (39)(i) 52.223-14, Acquisition ofEPEAT®-Registered Televisions (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).

_ (4l)(i) 52.223-16, Acquisition ofEPEAT®-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) 52.223-2 1, Foams (Jun 20 16) (E.O. 13693).

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

_ (ii) Alternate I (Jan 2017) of 52 .224-3 .

X (46) 52.225- 1, Buy American--Suppl ies (May 2014) (41 U.S.C. chapter 83).

_ (47)(i) 52.225-3, Buy American--Free Trade Agreements--lsraeli 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, I 09-169, I 09-283, 110-138, 112-41 , 112-42, and 112-43.

_ (ii) Alternate I (May 2014) of52.225-3.

_ (ii i) Alternate II (May 2014) of52 .225-3.

_ (iv) Alternate Ill (May 2014) of 52.225-3.

_ (48) 52.225-5 , Trade Agreements (Aug 20 18) (19 U.S.C. 250 1, et seq ., 19 U.S.C. 3301 note).

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_ (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 Perfonning Private Securi ty Functions Outside the United States (Oct 20 J 6) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; JO U.S.C. 2302 Note).

_ (5 1) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S .C. 5 150).

_ (52) 52 .226-5, Restricti ons on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5 150).

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

_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, IO U.S.C. 2307(f)) .

X (55) 52.232-33, Payment by Electron ic Funds Transfer--System for Award Management (Oct 20 18) (3 1 U.S.C. 3332).

_ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (3 1 U.S.C. 3332).

_ (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).

_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 20 I 7)(15 U.S.C. 637(d)( I 2)).

_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S .C. Appx. 124 1 (b) and I 0 U.S .C. 263 1).

_ (ii ) A lternate I (Apr 2003) of 52.247-64.

_ (iii) Alternate ll (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 imp lement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ Contracting Officer check as appropriate. ]

_ ( I) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ (2) 52.222-4 1, Service Contract Labor Standards (Aug 20 18) (4 1 U.S.C. chapter 67) .

_ (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) .

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 20 18) (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 20 14) (29 U.S.C. 206 and 41 U.S.C. chapter 67) .

_ (6) 52 .222-5 1, Exemption from App lication of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certa in Equipment--Requirements (May 20 14) (4 1 U.S.C. chapter 67).

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_ (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).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 20 15) .

_ (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)(l) Notwithstand ing the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not requi red to flow down any FAR clause, other than those in this paragraph ( d)( I) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52 .203- 19, Prohibition on Requiring Certain Interna l Confidentiality Agreements or Statements (Jan 20 17) (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 20 18) (Section 1634 of Pub. L. 115-91 ).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 20 18) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small bus iness concerns) exceeds $700,000 ($ 1.5 mi ll ion for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(I) of FAR clause 52.222- 17.

(vi) 52.222-2 1, Prohibition of Segregated Faci lities (Apr 20 15)

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabil ities (Jul 2014) (29 U.S .C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the Nationa l Labor Relations Act (Dec 20 I 0) (E.O. 13496). Flow down required in accordance with paragraph (t) of FAR clause 52.222-40.

(x ii) 52.222-41, Service Contract Labor Standards (Aug 20 I 8) ( 4 1 U.S.C. chapter 67).

(xiii) _ (A) 52.222-50, Combating Trafficking in Persons (Mar 20 15) (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).

(x iv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 20 I 4) ( 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 20 14) (4 1 U.S.C. chapter 67).

(xv i) 52 .222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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(xx) 52 .225-26, Contractors Performing Private Security Functions Outside the United States (Oct 20 16) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008 ; IO U.S .C. 2302 Note).

(xxi) 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.

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

2631). Flow down required in accordance with paragraph (d) off AR clause 52.247-64.

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

(End of clause)

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Section 4 - List of Attachments

This Section Is Intentionally Left Blank

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Section 5 - Solicitation Provisions

52.212- 1 Instructions to Offerors-Commercial Items (Oct 20 18)

(a) North American Industry Classification System (NA/CS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees .

(b) Submission of offers . Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solic itation. As a minimum, offers must show--

( I) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may inc lude product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount ten11S ;

(7) "Remit to" address, if different than mailing address ;

(8) A completed copy of the representations and certifications at FAR 52 .2 12-3 (see FAR 52.2 I 2-3(b) for those representations and certifications that the offeror shall complete electronically) ;

(9) Acknowledgment of Solicitation Amendments;

( I 0) Past perfonnance information, when included as an evaluation factor, to include recent and re levant contracts for the same or similar items and other references (including contract numbers, points of contact with te lephone numbers and other relevant infonnation) ; and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provis ions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period f or acceptance of offers. The offeror agrees to ho ld the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the soli citation.

(d) Product samples. When required by the soli citation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be subm itted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers . Offerors are encouraged to submit multiple offers presenting alternative tenns and conditions, including alternative line items (provided that the alternative li ne items are consistent with subpart 4. IO of the Federal Acquisition Regulation), or alternative commercia l items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(t) Late submissions, modifications, revisions, and withdrawals of offers.

(I) Offerors are responsib le for submitting offers, and any modifications, revis ions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specifi ed in the solicitation. If no time is specified in the solicitation, the time for receipt is 4 :30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

15B21620Q00000014 Page 15 of 31

(2)(i) Any offer, modification, revision , or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5 :00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the on ly proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorab le to the Government, wi ll be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

( 4) If an emergency or unanticipated event interrupts norn1al Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the so li citation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which nonnal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral so li citations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facs imile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to In vitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors . Therefore, the offeror's initial offer shou ld contain the offeror's best tenns from a price and technical standpoint. However, the Government reserves the right to conduct discussions iflater determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive infonnalities and minor irregularities in offers received .

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specifi c limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quanti ty offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

( I )(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part IO 1-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8 I 00 4 70 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimi le (202) 619-8978.

(i i) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(l )(i) of this provision. Additional cop ies will be issued for a fee .

(2) Most unclassified Defense specifications and standards may be downloaded from the fo llowing ASSIST websi tes:

(i) ASSIST (hllps://assist.d/a.mi//online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/) .

(iii) ASSISTdocs.com (http://assistdocs.com).

15821620Q00000014 Page 16 of 31

(3) Documents not avai lable from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https ://assist.dla.mi/lwizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri , 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19 111-5094, Telephone (215) 697-2667/2 179, Facsimi le (2 15) 697- 1462 .

( 4) Nongovemment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

U) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique enti ty identifier. The suffix is ass igned at the discretion of the Offeror to establish addi tional SAM records for identi fying alternative EFT accounts (see subpart 32. 11 ) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique enti ty identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved] .

(I) Debriefing. If a post-award debri efing is given to requesting offerors, the Government shall disclose the following information, if applicable:

( I) The agency's evaluati on of the significant weak or deficient fac tors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

( 4) A summary of the rationale fo r award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitati on, applicable regulat ions, and other applicable authorities were fo llowed by the agency.

(End of provis ion)

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2018)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.2 12-1.

Provisions By Full Text

15B21620Q00000014 Page 17 of 31

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not comp lete the representation in this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provis ion at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.2 12-3, Offero r Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

"Covered telecommunicati ons equipment or services", "critica l technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)( I )(A) of the John S. McCain National Defense Authorizat ion Act for Fiscal Year 20 I 9 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13 , 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(I ) A service that connects to the fac il ities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures . The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:/1 www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that it _ wi ll,_ will not provide covered telecommunications equipment or services to the Government in the perforn1ance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "wi ll " provide covered te lecommunications equipment or services", the Offeror shall provide the following infonnation as part of the offer--

(1) A description of all covered telecommunications equipment and services offered (include brand; model nwnber, such as original equipment manufacturer (OEM) number, manufacturer part nwnber, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known) ; and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known) .

(End of provis ion)

52 .204- 16 Commercial and Government Entity Code Reporting (Jul 20 16)

(a) Definition. As used in this provision--

"Commercial and Government Entity (CAGE) code" means--

()) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercia l and Government Entity (CAGE) Branch to identify a commerc ial or government entity; or

15821620Q00000014 Page 18 of 31

(2) An identifier ass igned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the Uni ted States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal.

The CAGE code entered must be for that name and address. Enter "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not a lready have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise regi ster in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be ass igned by subm itting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlyi ng areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign enti ty's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/ACJ 35Publiclscage/Cagelist.aspx if the foreign entity's country is not a member of NA TO or a sponsored nation . Points of contact for codification bureaus, as well as additiona l inforn1ation on obtaining NCAGE codes, are available at http://www.nato. int/structur/A C/135/mainllinks/contacts.htm.

(d) Addi tional guidance for establishing and maintain ing CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52 .204-17 or 52 .2 12-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

52.2 12-2 Evaluation-Commercial Items (Oct 2014)

(a) The Government wi ll award a contract resulting from this solicitation to tile responsible offeror whose offer conforming to the soli citation wi ll be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

##Price ##Past Performance

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); ?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.}

Technical and past performance, when combined, are Approximately equal to cost or price

[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.}

(b) Options . The Government w ill evaluate offers for award purposes by adding the total price for all options to the total price for the bas ic requirement. The Government may detennine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

15B21620Q00000014 Page 19 of 31

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

(End of provision)

52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 20 I 9)

The Offeror shall complete only paragraph (b) of thi s provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https:l/www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete on ly paragraphs (c) through (v)) of thi s provis ion.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citi zens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.