DOL RFQ 1605C5-22-Q-00043.pdf

1605C5-22-Q-00043

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/01/2022 1625-OPL-22-NAT-0025

1 44

Customer Acquisition Services 200 Constitution Ave, NW S-4307

US Department of Labor

Washington DC 20210

US DEPARTMENT OF LABOR

2 MASSACHUSETTS AVENUE, NE

ROOM G225

WASHINGTON

DC 20212

202 691-6033Jasmine Lee

07/13/2022 02:00 P.M. ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a Request for Quote (RFQ) for the Department of Labor (DOL) Bureau of Labor Statistics (BLS) Warehouse Building Models data buy for BLS regions (Northeast, South, Midwest, and West). Review the schedule and submit a response if your company is capable of delivering the requested services stated in the Statement of Work.

Period of Performance: 08/01/2022 to 05/31/2023

0001 Base Period for New Warehouse Building Model

This includes:

Base Period – List of Projects Base Period – Regional Model #1 Base Period – Regional Model #2 Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C5-22-Q-00043

Base Period – Regional Model #3

Base Period – Regional Model #4

Base Period - Contractor/Subcontractor List

Base Period - Methodology

Quarterly cost updates for the base period

Product/Service Code: R702

1001 Option Period 1

Quarterly Price Updates for Warehouse Building

Models

Product/Service Code: R702

Period of Performance: 06/01/2023 to 05/31/2024

2001 Option Period 2

Quarterly Price Updates for Warehouse Building

Models

Product/Service Code: R702

Period of Performance: 06/01/2024 to 05/31/2025

3001 Option Period 3

Quarterly Price Updates for Warehouse Building

Models

Product/Service Code: R702

Period of Performance: 06/01/2025 to 05/31/2026

4001 Option Period 4

Quarterly Price Updates for Warehouse Building

Models

Product/Service Code: R702

Period of Performance: 06/01/2026 to 05/31/2027

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION B – SF 18 CONTINUATION PAGE

B.1 Supplies and Services and Prices/Costs

Line Item

Item Description

Rate Quantity of Datasets

Total Price

0001 Base Period: New Warehouse Building Model Construction Quarterly Updates

1001 Option Period 1: New Warehouse Building Model Construction Quarterly Updates

2001 Option Period 2: New Warehouse Building Model Construction Quarterly Updates

3001 Option Period 3: New Warehouse Building Model Construction Quarterly Updates

4001 Option Period 4: New Warehouse Building Model Construction Quarterly Updates

All work shall be performed at the contractor’s site.

Illustrative Example of Detail Breakdown Required for Building Model Deliverables

Description (Estimated)

Quantity Unit

Material Cost (excluding overhead and profit)

Installation Cost (excluding overhead and profit)

Total Cost (excluding overhead and profit)

Material Cost (including overhead and profit)

Installation Cost (including overhead and profit)

Total Cost (including overhead and profit)

Level 1 (System/Major Group

Element) Substructure Level 2

(Sub-system/Group Element/Assembly) Slab on Grade

Level 3 (Assembly/Component

Slab on grade, 5" thick, heavy warehouse, reinforced 25000 S.F. $ $ $ $ $ $

Level 4 (Unit/Element)

Material/Installation

Fill, gravel fill, compacted, under floor slabs, 4" deep 25000 S.F. $ $ $ $ $ $

Material/Installation

Fine grade area to be paved with grader, small area 2750 S.Y. $ $ $ $ $ $

Material/Installation

Expansion joint, premolded, bituminous fiber, 1/2" x 6" 5500 L.F. $ $ $ $ $ $

Material/Installation

Forms in place, SOG (slab on grade), edge forms, to 6" high, wood 750 L.F. $ $ $ $ $ $

Material/Installation

Welded wire fabric, sheets, 6 x 6 - W2.1 x W2.1 (8 x 8), 30 lb/CSF 250 C.S.F. $ $ $ $ $ $

Material/Installation Concrete, ready mix, regular weight, 3500 psi 375 C.Y. $ $ $ $ $ $

Material/Installation

Curing, sprayed membrane curing compound 250 C.S.F. $ $ $ $ $ $

Material/Installation

Placing concrete, including vibration, slab on grade, 4" thick, direct chute 375 C.Y. $ $ $ $ $ $

Material/Installation

Finishing floors, monolithic, machine trowel, for finish floor 25000 S.F. $ $ $ $ $ $

Material/Installation

Finishing floors, granolithic topping, 1:1:1-1/2 mix, 1" thick 25000 S.F. $ $ $ $ $ $

Material/Installation

Finishing floors, hardener, metallic, heavy service, 1.0 PSF 25000 S.F. $ $ $ $ $ $

[END OF SECTION]

RFQ 1605C5-22-Q-00043

B.2 ORDER TYPES

The Government contemplates award of a firm fixed price (FFP) purchase order.

B.3 RATES

The fixed rates quoted shall represent the Contractor’s fully-burdened fixed price rates for work quoted.

The rates provided in the Contractor’s Price Quote for this RFQ will be used as ceiling rates for pricing of all services quoted. At the time of award, the Contractor’s firm fixed rates will be incorporated into the award.

B.4 CONTRACTING AND ADMINISTRATIVE AUTHORITY

The Order will be administered by Office of the Senior Procurement Executive (OSPE). OSPE is the only procurement activity authorized to approve changes or modify any of the requirements contained within this order.

B.5 EXPECTATION FOR THE CONTRACTOR

The contractor shall collaboratively share ideas and work together with the Government, for the purpose of determining best courses of action for the sake of the DOL. Synergy and problem solving on a collective level should benefit all stakeholders. While having this expectation for the contractor, the Government will continue to adhere to appropriate protections for intellectual property and other proprietary information.

B.6 DELIVERY AND PERIOD OF PERFORMANCE

The anticipated period of performance is August 1, 2022 to 05/31/2023 for the base period. This order includes one base period and four option periods. If all options are exercised, the ultimate end date is 05/31/2027.

SECTION C – STATEMENT OF WORK (SOW)

C.1 INTRODUCTION

In recent years, the New Warehouse and Distribution Center construction sector has experienced explosive growth, nearly doubling in dollar value from 2019 to 2022. This growth was fueled by multiple factors including soaring e-commerce activity, the shortening of expected delivery times for products to consumers, and a snarled inland transportation system which increased the need for warehouse space near overwhelmed ports. Warehouse dimensions have evolved with facilities spanning more that 1 million square feet becoming commonplace and multi-story facilities sprouting up in urban cores. These facilities have also become more technologically advanced with built-in electronics capable of handling the autonomous scanning, sorting, picking, packing, and stacking systems now integrated into many modern warehouses. To support the increased power demands of these larger and more sophisticated warehouses, builders have begun adding rooftop solar panels to many, allowing them to generate all the electricity they need to operate independently from the power grid.

Purpose:

The purpose of this project is to update the current warehouse cost models which:

Fully specify four regional cost model that will be updated at a minimum, on at least a quarterly basis

Identify the “average” and/or most common characteristics of a new warehouse building constructed between June 1, 2019 to June 1, 2022 as determined by data collected by the vendor.

Identify trends (positive or negative) in warehouse construction. For example, the increasing size of warehouses as demonstrated by Census data.

Aid in creating and maintaining four regional (Northeast, South, Midwest, and West) warehouse building cost models and a methodology to update the costs in thein each of the four regional cost models on a quarterly (or more frequent) basis. The methodology shall adjust the costs for each component of the model to reflect market price movements observed within the region for which the model was designed.

Objective:

1. Obtain from the vendor a reasonably comprehensive list of new warehouse building projects that were bid, under construction, or completed construction in the United States during the period of June 1, 2019 to June 1, 2022.

2. Identify a specific project (one for each of the four major Census regions) that best reflects the ‘average’ or typical warehouse project within that region relative to size, and any other characteristic deemed relevant by the vendor as demonstrated by data gathered for the specified time frame.

3. Have the vendor develop four detailed regional warehouse building cost models. Each model shall reflect the known characteristics of the project selected as the ‘average’ for the region.

4. Have the vendor develop and implement a methodology to update the material, labor, and installation costs for the four regional models on a quarterly basis.

5. Identify the top 1-5 trends influencing the design features of new warehouse building construction

C.2 SCOPE OF WORK

The data and services covered by this statement of work include everything necessary to re-specify the current warehouse building models for the four major Census regions (Northeast, South, Midwest, and West) and maintain continuous calculation of BLS indexes.

This work specifically includes:

BASE PERIOD WORK

(See specific due dates under “Performance Measure” for “Base PERIOD” and “Option Year” Deliverables.):

1. Delivery of a comprehensive list of all new warehouse (see definition of ‘new’ and ‘warehouse’ in attachment A) buildings bid on or built in the United States between June 1, 2019 and June 1, 2022.

2. Development of four (1 per major Census region) new warehouse building cost models that reflect the trends identified by the data gathered by the vendor.

3. Development of a methodology to update the costs in the four regional warehouse models on a quarterly basis reflecting market price movement within each of the regions. This methodology shall also allow BLS to select up to four assemblies (as defined in attachment A) in each region for which specific research will be performed by the vendor.

4. Provide assistance to BLS on an ‘as needed’ basis to understand the make-up of the warehouse cost models and to evaluate any future updates to the models due to significant changes in ‘typical’ construction practices.

5. Delivery of cost updates on a quarterly basis for each of the four regional warehouse cost models.

C.3 USE OF “BLS” NAME OR LOGO:

The selected vendor shall not use the Bureau of Labor Statistics name in connection with any collection of data that is being purchased under this contract. The data being purchased shall be commercially available and not collected exclusively on behalf of the BLS. The vendor will not have access to BLS data.

C.4 PERIOD OF PERFORMANCE

The period of performance is date of award to 05/31/2023 for the base period. This order includes one base year and four option periods. If all options are exercised, the ultimate end date is 05/31/2027.

Meetings with the vendor will take place after the following within 10 business days (and any additional that may be deemed necessary by BLS):

After the contract has officially been awarded Following BLS’ receipt of the refined “project list” Four regional base models, one per Census region (one meeting following each model) Refined list of contractors by region/contractor type Methodology workbook Following each quarterly cost updates

The dates for execution of the base period for this order and the option periods of this order are as follows:

Base Period: The anticipated date of award is 8/1/2022 -5/31/2023 Option Period 1: 6/1/2023-5/31/2024 Option Period 2: 6/1/2024-5/31/2025 Option Period 3: 6/1/2025-5/31/2026 Option Period 4: 6/1/2026-5/31/2027

C.5 DELIVERABLES

1. “Project List.” A reasonably comprehensive list of all new warehouse building projects in the United States that were either: (1) bid, (2) under construction, or (3) completed construction during the period of June 1, 2019 to June 1, 2022. In preparing the list of new warehouse building projects it is very important that the project meet the definition of a ‘new’ ‘warehouse’ building. A definition of these terms is provided in attachment A.

The information requested for each project shall include:

Project bid date Construction start date Construction completion date Physical address (including city and state) where the project will be or is being constructed Total square footage of the building Total cost for construction of the building excluding land cost, architectural fees, permitting fees, and any other cost not directly associated with the construction of the building itself. Construction costs should include material cost, labor cost, and installation costs

Cost per square foot for the building Total number of floors in the building above and/or below grade Building frame material Roof covering material Exterior wall material An indicator as to whether or not building plans/specifications are available to the vendor for use in developing the cost model. It would be desirable if there was also an indicator of the amount of plan/specification information

An indicator (yes, no, or don’t know) that notes whether the warehouse includes solar panels

Performance Measure: The project list is due to BLS 40 days after the award date. The project list will be judged based largely (but not solely) on the accuracy of the: (1) Project total cost information; (2) Square footage information; (3) Cost per square foot information; and (4) Completeness of the project list. The completeness of the list will be evaluated by BLS independently identifying 20 “high profile” warehouse projects in each region and checking to see if those “high profile” projects are included on the project list AND that project details such as the square footage and construction cost information in the project list are similar to internet sources.

The project list does not have to contain every “high profile” project but should contain a reasonable number of them. Similarly, the square footage and construction cost information does not have to be exactly the same but reasonably close.

a) Is the “total cost” figure listed in the project file within plus/minus 30 percent of the “total cost” figure listed on publicly available internet sites?

b) Have unusually small or large “cost per square foot” figures been reviewed for accuracy?

c) Have unusually small or large “total cost” and “square footage” been reviewed for accuracy?

d) Do 70 percent of the “high profile” projects independently identified by BLS in any one region appear on the project list?

2. A count of warehouses, by size and Census region, built in the time period June 1, 2019 to June 2022. The vendor will be asked to classify the warehouse projects in their database into the following categories by warehouse size:

Small-25,000 S.F. or less Medium-25,001 S.F. to 100,000 Large-100,001 S.F. to 200,000 S.F.

Industrial Big-Box Facility-200,001 or more

3. Four regional warehouse cost models. The vendor will develop a cost model of the warehouse building project selected by BLS for each of the four Census regions. The cost model must go down to a level of detail such that all tasks necessary to complete the building are specified. (See attachment B at the end of this document for an example.) All building systems (plumbing, heating, and air conditioning, electrical, roofing, siding, and substructure) must be included in the model submission. The cost models must include appropriate column headers. All assembly level cost information must accurately reflect the aggregation of the lower level cost information.

Similarly, the total cost (both with and without overhead and profit) for each line in the model must accurately aggregate the material and installation costs for that line. The cost information for the assemblies and components must reflect market costs for the region that the model is for.

NOTE: No partial quantities shall be listed for items which are not divisible into partial quantities. For example, ‘1.5 toilets’ is not acceptable. All quantities shall be rounded as appropriate.

Performance Measure: One completed regional cost model is due by each of the following dates:

(1) 3 Months after the Award Date

(2) 3.5 Months after the Award Date

(3) 4 Months after the Award Date and

(4) 4.5 Months after the Award Date.

These dates are firm unless different dates are mutually agreed upon or additional time is granted by BLS, via contract modification, due to various unforeseen circumstances. The models are to be delivered in an Excel format and meet the criteria specified above.

4. “Contractor List.” The vendor shall provide a number of contractors in the table below for each of the four regions (Northeast, South, Midwest, and West). The list must consist only of contractors that had bid or worked on a new warehouse building project between June 1, 2019 and June 1, 2022. Architects, engineers, or contractors which have only bid design work are out of scope.

Region General Contractor

Roofing Contractor

Concrete Contractor

Electrical Contractor

Plumbing Contractor

Mechanical Contractor

Northeast

South

Midwest

West

5. The contractor list is due no later than February 10, 2023 unless another date is mutually agreed upon between BLS and the vendor via contract modification. The list of contractors (general, roofing, concrete, electrical, plumbing, HVAC, structural steel, and metal siding) for each of the four Census regions and contractor type must meet the minimum required number as specified in the table above. “Cost Update Methodology.” Develop and document the methodology to be used to update the costs in the model.

The methodology shall:

a) Only use price data as collected from companies without any adjustments

b) Reflect actual prices observed in the marketplace since the previous cost update.

c) Be based on a minimum sample of three companies providing price information.

d) Only use cost information for the region that the model encompasses.

e) Attempt to incorporate all of the various costs (material, labor, equipment, fuel, etc.) which are an included in the total cost of building a warehouse building.

f) Allow BLS to select four assemblies in each of the four regions which will be updated quarterly using material, labor, and installation cost information that the vendor collects as part of their normal commercial activities.

g) Shall, at a minimum, collect price data each quarter from the following number of states in each region: Northeast, 5 out of 9; South, 10 out of 17; Midwest, 7 out of 12; and West, 8 out of 11

h) Shall, at minimum, obtain three price quotes for materials surveyed by the vendor.

The document written by the vendor shall explain the methods that will be employed by the vendor to update the costs in the models such that they reflect actual costs observed in the market.

a) Fully detail all survey methods to be employed to collect information used to update the model costs.

b) State the average number of companies to be contacted as part of the survey process.

c) Explicitly state what types of costs (material, labor, equipment, fuel, general conditions) are and are not incorporated by the update methodology.

d) Fully explain how the costs in the model are moved via the update methodology.

e) Indicate any costs that will not be updated in every period due to not collecting information for that type of cost in every period or for some other reason.

The methodology documentation is due not later than May 17, 2023. A ‘Satisfactory’ rating will be given if the documentation is received by the specified date and clearly explains the methods that will be employed to update the cost models. A rating higher than ‘Satisfactory’ will be given if the documentation is received before the specified due date and clearly explains the methods that will be employed to update the cost models.

6. Ongoing support regarding contents of the regional models and any quality adjustment information required by BLS due to changes in the regional models. BLS may also request additional information for cost changes that it deems noteworthy or for cost information to make adjustments when the models or cost update process change.

The vendor assists BLS in understanding how the cost models were developed and answers specific questions concerning the selection of various materials and building systems for inclusion in the models.

C.6 FOUR OPTION PERIODS

Four Option Year “Quarterly Cost Updates.” One year of quarterly cost updates for the four warehouse building models. The cost updates for each option year are due by: June 10, September 10, December 10, and March 10. Each option year begins June 1(starting in year 2023) and concludes on May 31 of the following year.

Cost updates for each of the warehouse building models are delivered by the 10th of June, September, December, and March for the relevant option year unless an extension is granted by BLS. This first month of each option year will be June. The quarterly cost updates will reflect actual changes in costs for material, installation, and fuel observable in the market place since the previous cost update for each particular region.

One year of ongoing support of quarterly cost changes for the regional models and any quality adjustment information required by BLS due to changes in the regional models. Along with the delivery of the quarterly cost updates the vendor provides an explanation for any significant cost changes due to the quarterly updates. BLS may also request additional information for cost changes that it deems noteworthy or for cost information to make adjustments when the models or cost update process change.

Performance Measure: The vendor provides written explanations of significant cost changes along with the model updates. In addition, the vendor will provide with each quarterly cost update a response to the following questions:

Was the model reviewed in its entirety for any needed assembly modifications or replacements?

Does the model and all of the assemblies still represent typical construction practices in the respective region since the previous cost update?

What materials/assemblies/labor costs showed significant changes from the previous cost update?

Were there any changes to the makeup of the crews since the last cost update?

Have there been any noteworthy shifts in trends regarding the assemblies that makeup the model? Are any assemblies becoming more/less commonly used which may require a change at some point in the future?

Were all of the “specifically researched assemblies” updated to incorporate changes in material and labor costs that occurred since the last cost update?

BLS may also request additional information for cost changes that it deems noteworthy or for cost information to make adjustments when the models or cost update process changes.

C.7 LOCATION OF PERFORMANCE

Definitions

Term: Assembly Definition: A discrete job completed by a single type of trade contractor. Every job necessary to construct a building should be encompassed by a unique assembly Example: Concrete slab on grade, 5" thick, heavy warehouse, reinforced.

Term: Component Definition: A unique line below the assembly level. A specific material or labor used in the completion of an assembly. A group of components are all the materials and labor necessary to complete the assembly.

Example: Ready mix, regular weight, 3500 psi. 1500 c.y. concrete for $11,500.

Term: Midwest Census Region Definition: One of the four major Census regions which includes the following states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.

Term: ‘New’ and ‘New Construction’ Definition: A structure that is built from the ground up for the first time. The structure cannot be attached to, or a modification of, any previously existing structure. New construction includes erecting a building on a location where a previous building was demolished. Construction of the building must be done primarily on-site.

Term: Northeast Census Region Definition: One of the four major Census regions which includes the following states: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.

Term: Warehouse building Definition: Warehouses include commercial storage warehouses, distribution buildings, and cold storage facilities. Included in this industry are general contractors and specialty trade contractors that have engaged in the construction of new warehouse buildings. Additions, alterations, maintenance, and repair of warehouse buildings are not included in the definition of new warehouse building construction. This industry also excludes establishments responsible for the on-site assembly of modular or prefabricated warehouse buildings.

Term: South Census Region Definition: One of the four major Census regions which includes the following states: Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

Term: West Census Region Definition: One of the four major Census regions which includes the following states: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

SECTION D – ORDER CLAUSES

D.1 52.202-1 Definitions. (NOV 2013)

D.2 52.204-13 System for Award Management Maintenance. (OCT 2016)

D.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

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

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

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

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

(5) (Reserved) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

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

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

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (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.

[x] (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 (NOV 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 (NOV 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) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

[ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 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 (EDWOSB) 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 (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[x] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[x] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[x] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[x] (32)(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.

[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

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

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

[ ] (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 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

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

[ ] (40)(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.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (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.

[x] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C.

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

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

[ ] (ii) Alternate I (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[x] (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. 2302 Note).

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

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (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, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

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

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

[ ] (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:

(Contracting Officer check as appropriate.)

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

[ ] (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) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

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

[ ] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

[ ] (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.

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

(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) of this paragraph 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) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

(xiv) 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).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(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.

(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 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

D.4 52.227-14 Rights in Data-General. (MAY 2014)

RIGHTS IN DATA-GENERAL (MAY 2014)

(a) Definitions. As used in this clause-javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

Computer database or "database means" a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software-

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

Computer software documentation means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

Data means recorded information, regardless of form or the media on which it may be recorded.

The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).

This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).

Unlimite…