Solicitation_-_FA465919RA003_EMCS.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA465919RA003

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes Recapitulation Energy Management and Control Systems (EMCS) Services

RECAPITULATION

Basic Period (28 Sep 19 - 27 Sep 20) $____________ First Option Period (28 Sep 20 - 27 Sep 21) $____________ Second Option Period (28 Sep 21 - 27 Sep 22) $____________ Third Option Period (28 Sep 22 - 27 Sep 23) $____________ Fourth Option Period (28 Sep 23 - 27 Sep 24) $____________

Grand Total Amount: $_____________

Item Supplies/Service Quantity Unit Unit Price Amount

0001 Normal Service calls & Preventive Maintenance FFP Normal Service Calls and Preventive Maintenance Calls per the Performance Work Statement - Base Year: 28 Sep 19 - 27 Sep 20 Firm Fixed Price

12.0 Months

0002 Emergency Service Call FFP Emergency Service calls per the Performance Work Statement - Base Year: 28 Sep 19 - 27 Sep 20 Firm Fixed Price

1.0 Lot

0003 Software Maintenance and Controller FFP Software Maintenance and Controller Software Maintenance per the Performance Work Statement - Base Year: 28 Sep 19 - 27 Sep 20 Firm Fixed Price

12.0 Months

Option Line Item

Normal Service calls & Preventive Maintenance FFP Normal Service Calls and Preventive Maintenance Calls per the Performance Work Statement - 1st Option Year: 28 Sep 20 - 27 Sep 21 Firm Fixed Price

12.0 Months

Option Line Item

Emergency Service Call FFP Emergency Service calls per the Performance Work Statement - 1st Option Year: 28 Sep 20 - 27 Sep 21 Firm Fixed Price

1.0 Lot

Option Line Item

Software Maintenance and Controller FFP Software Maintenance and Controller Software Maintenance per the Performance Work Statement - 1st Option Year: 28 Sep 20 - 27 Sep 21 Firm Fixed Price

12.0 Months

Option Line Item

Normal Service calls & Preventive Maintenance FFP Normal Service Calls and Preventive Maintenance Calls per the Performance Work Statement - 2nd Option Year: 28 Sep 21 - 27 Sep 22 Firm Fixed Price

12.0 Months

Option Line Item

Emergency Service Call FFP Emergency Service calls per the

1.0 Lot

Performance Work Statement - 2nd Option Year: 28 Sep 21 - 27 Sep 22 Firm Fixed Price

Option Line Item

Software Maintenance and Controller FFP Software Maintenance and Controller Software Maintenance per the Performance Work Statement - 2nd Option Year: 28 Sep 21 - 27 Sep 22 Firm Fixed Price

12.0 Months

Option Line Item

Normal Service calls & Preventive Maintenance FFP Normal Service Calls and Preventive Maintenance Calls per the Performance Work Statement - 3rd Option Year: 28 Sep 22 - 27 Sep 23 Firm Fixed Price

12.0 Months

Option Line Item

Emergency Service Call FFP Emergency Service calls per the Performance Work Statement - 3rd Option Year: 28 Sep 22 - 27 Sep 23 Firm Fixed Price

1.0 Lot

Option Line Item

Software Maintenance and Controller FFP Software Maintenance and Controller Software Maintenance per the Performance Work Statement - 3rd Option Year: 28 Sep 22 - 27 Sep 23 Firm Fixed Price

12.0 Months

Option Line Item

Normal Service calls & Preventive Maintenance FFP Normal Service Calls and Preventive Maintenance Calls per the Performance Work Statement - 4th Option Year: 28 Sep 23 - 27 Sep 24 Firm Fixed Price

12.0 Months

Option Line Item

Emergency Service Call FFP Emergency Service calls per the Performance Work Statement - 4th Option Year: 28 Sep 23 - 27 Sep 24 Firm Fixed Price

1.0 Lot

Option Line Item

Software Maintenance and Controller FFP Software Maintenance and Controller Software Maintenance per the Performance Work Statement - 4th Option Year: 28 Sep 23 - 27 Sep 24 Firm Fixed Price

12.0 Months

Description/Specifications/Statement of Work

Requirements EMCS Hardware and Software Maintenance. The contractor shall provide the personnel, equipment, materials, and other items and services to operate the Energy Management and Control Systems (EMCS) contract at Grand Forks Air Force Base, as defined in the Performance Work Statement (PWS).

The contract will be firm fixed price, with a base + four (4) option years. The contract personnel must be able to upgrade, maintain, and repair base EMCS System in addition to performing a variety of technical and administrative tasks in support of the overall HVAC functions.

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08 0001 Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

0002 Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

0003 Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345

Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2

Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez

Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: .

DoDAAC: F2A3E2 Cage:

DunsNumber:

Duns4Number:

CountryCode:

OfficeCode:

Mr. Freddie Hernandez Telephone: 701-737-4345 Email:

Deliveries or Performance

Contractor Destination

0001 Delivery Schedule Period of Performance From

28 SEP 2019

to

27 SEP 2020

0002 Delivery Schedule Period of Performance From

28 SEP 2019

to

27 SEP 2020

0003 Delivery Schedule Period of Performance From

28 SEP 2019

to

27 SEP 2020

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2020

to

27 SEP 2021

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2020

to

27 SEP 2021

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2020

to

27 SEP 2021

Option Line Item Delivery Schedule

2001 Period of Performance From

28 SEP 2021

to

27 SEP 2022

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2021

to

27 SEP 2022

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2021

to

27 SEP 2022

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2022

to

27 SEP 2023

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2022

to

27 SEP 2023

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2022

to

27 SEP 2023

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2023

to

27 SEP 2024

Option Line Item Delivery Schedule

4002 Period of Performance From

28 SEP 2023

to

27 SEP 2024

Option Line Item

Delivery Schedule Period of Performance From

28 SEP 2023

to

27 SEP 2024

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and materials, submit a cost voucher. (ii) For fixed price line items (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

F2A3E2

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Combo

(iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF |

| Pay Official DoDAAC || __F87700__ | | Issue By DoDAAC || __FA4659__ | | Admin DoDAAC || __FA4659__ |

| Inspect By DoDAAC || __F2A3E2__ | | Ship To Code || __F2A3E2__ |

FA465919RA003

| Ship From Code || __N/A__ | | Mark For Code || __N/A__ | | Service Approver (DoDAAC) || __F2A3E2__ | | Service Acceptor (DoDAAC) || __F2A3E2__ | | Accept at Other DoDAAC || __N/A__ | | LPO DoDAAC || __N/A__ | | DCAA Auditor DoDAAC || __N/A__ | | Other DoDAAC(s) || __N/A__ |

**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).) (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

Mr. Ja'Haun Stafford, 701-747-5266, jahuan.stafford.2@us.af.mil Mr. Jeremiah Snedker, 701-747-5299, jeremiah.snedker@us.af.mil Mr. Freddie Hernandez, 701-747-4345, freddie.hernandez@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause)

Special Contract Requirements

PKI CERTIFICATE NOTICE TO OFFERORS

Public Key Infrastructure (PKI) Information

A Department Of Defense (DoD) PKI Certificate is required for all DoD employees accessing PARS, ACASS, and CCASS.

Contractors are also encouraged to obtain and use a certificate. Non-DoD Government users may continue to access CPARS, ACASS, and CCASS without a certificate.

To determine if you have a valid DoD PKI Certificate.

<https://infosec.navy.mil/certtest>

Frequently Asked Questions about PKI <http://www.cpars.csd.disa.mil/pkifaqs.htm>

PKI Information:

All DoD employees (military and Civilian), including DoD Contractors that are working on site (military/government facilities) or contractors working offsite using Government Furnished Equipment (GFE) are eligible to obtain certificates from DoD PKI. If the contactor doesn't work on site or with GFE they are encouraged to obtain and use a certificate from an External Certificate Authority (ECA).

External Certificate Authority External Certificate Authorities (ECAs) provide digital certificates to the DoD's private industry partners, contractors using their own equipment or working in non-government facilities, allied partners, and other agencies.

Approved ECA vendors:

* Operational Research Consultants, Inc. (ORC) http://www.eca.orc.com

* VeriSign, Inc.

http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html

* IdenTrust http://www.identrust.com/certificates/eca/index.html

REAL ID ACT

An alternate form of ID as described below, will need to be provided if you are using a driver's license from one of the below states:

Alaska, Pennsylvania, Kentucky, South Carolina, Oklahoma, Virginia, Oregon and Washington Effective 22 January 2018, the same thing will apply to visitors using driver's licenses from these states:

Am. Samoa, New Hampshire, California, New Jersey, Guam, New York, Idaho, North Carolina, Illinois, North Dakota, Louisiana, Puerto Rico, Massachusetts, Rhode Island, Michigan, Texas, N. Marianas and Virgin Islands

The Department of Homeland Security has granted an extension to 10 October 2018 for the following states:

Alaska , California, Guam , Hawaii , Idaho, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Missouri, Montana, New Jersey, New Hampshire, North Dakota, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Virginia ,Virgin Islands and Washington Any Real ID Act updates can be found at: https://www.dhs.gov/real-id Acceptable Alternate Forms of ID A. U.S. Passport B. U.S Passport Card C. Permanent Resident Card/Alien Registration Receipt Card (Form I-551).

D. A foreign passport with a temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa.

E. An employment authorization document that contains a photograph (Form I- 766).

F. Identification card issued by Federal, State, or local government agencies, provided it contains a photograph and biographic information such as name, date of birth, gender, height, eye color, and address.

G. U.S. Coast Guard Merchant Mariner Cards/Credentials.

H. PIV or Federally-Issued PIV-1 Cards (Personal Identification Verification) issued by the Federal Government.

I. PIV-I card (Personal identification verification-Interoperable Issued by Non-Federal Government entities).

J. DHS "Trusted Traveler Cards" (Global entry, NEXUS, SENTRI, FAST).

K. Merchant Mariner card issued by DHS/ United States Coast Guard (USCG).

L. Border Crossing Card (Form DSP-150).

M. U.S. Certificate of Naturalization or Certificate of Citizenship (Form N-550) and U.S. Permanent Resident Card (Form I-551).

N. U.S. Refugee travel document or other travel document or evidence of immigration status issued by DHS containing a photograph.

O. A Foreign Government Issued Passport.

Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018)

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(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 Disabilities (July 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 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Act 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 Act 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 (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.

(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 (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 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)

5352.223-9001 Health and Safety on Government Installations

As prescribed in 5323.9001, insert the following clause in solicitations and contracts:

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/ or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 1995-10 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-22 Alternative Line Item Proposal. 2017-01 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law.

2016-02

52.219-8 Utilization of Small Business Concerns. 2018-10 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-3 Convict Labor. 2003-06 52.222-17 Nondisplacement of Qualified Workers. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-41 Service Contract Labor Standards. 2018-08 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2007-12 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2007-12 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-23 Alternate I Assignment of Claims. - (Alternate I) 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.237-3 Continuity of Services. 1991-01 52.242-13 Bankruptcy. 1995-07 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting.

2016-10

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism.

2015-10

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.225-7001 Buy American and Balance of Payments Program. 2017-12

252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns.

2004-09

252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost

Bearer.

2013-06

252.247-7024 Notification of Transportation of Supplies by Sea. 2000-03

FAR Clauses Incorporated by Full Text

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1)Within a reasonable time after the defect was discovered or should have been discovered; and (2)Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727).

However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g)Invoice. (1)The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i)Name and address of the Contractor;

(ii)Invoice date and number; (iii)Contract number, line item number and, if applicable, the order number; (iv)Description, quantity, unit of measure, unit price and extended price of the items delivered; (v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi)Terms of any discount for prompt payment offered; (vii)Name and address of official to whom payment is to be sent; (viii)Name, title, and phone number of person to notify in event of defective invoice; and (ix)Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x)Electronic funds transfer (EFT) banking information. (A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C)EFT banking information is not required if the Government waived the requirement to pay by EFT. (2)Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i)Payment.- (1) Items accepted.

Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C.3903) and prompt payment regulations at 5 CFR Part1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A)Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B)Affected contract number and delivery order number, if applicable;

(C)Affected line item or subline item, if applicable; and (D)Contractor point of contact. (ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v)Amounts shall be due at the earliest of the following dates: (A)The date fixed under this contract. (B)The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A)The date on which the designated office receives payment from the Contractor; (B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2)Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.

chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1)The schedule of supplies/services. (2)The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3)The clause at 52.212-5. (4)Addenda to this solicitation or contract, including any license agreements for computer software. (5)Solicitation provisions if this is a solicitation. (6)Other paragraphs of this clause. (7)The StandardForm1449.

(8)Other documents, exhibits, and attachments. (9)The specification. (t)[Reserved] (u)Unauthorized Obligations. (1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i)Any such clause is unenforceable against the Government. (ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2)Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. 2010-10 As prescribed in 15.408(m), insert the following clause: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct 2010) (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable- (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Information on modifications of contracts or subcontracts for commercial items. (A) If- (1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item. (B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include- (1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.