Amendment_1_-_FA5587-18-R-0003_Base_Laundry_Services_-_Hospitality.docx

DEPARTMENT OF THE AIR FORCE

48TH CONTRACTING SQUADRON (USAFE)

Request for Quotes

RFQ – Base Laundry Services FA5587-18-R-0003

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a request for quotation in accordance with (IAW) FAR Parts 12 and 13.5. The solicitation number is FA5587-18-R-0003. In order to be considered for award, offerors shall adhere to all quotation requirements detailed herein.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 13 January 2017, Defense Federal Acquisition Regulation Supplement (DFARS) Public Notice 20161222 22 December 2016 and Air Force Federal Acquisition Regulation Supplement (AFFARS) Air Force Acquisition Circular 2017-1003, 03 October 2017.

Due to the overseas location of this solicitation, no set-aside will be used. The North American Industry Classification System Code (NAICS) is 812332, Laundry Services, Industrial.

Submit written quotes in reference to Request for Quote (RFQ), shall reference FA5587-18-R-0003

Offeror Representations and Certifications prescribed in FAR Part 52.212-3 shall be completed and included with Offer or in conjunction with SAM registration. The Offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

DESCRIPTION OF REQUIREMENT

See attached Performance Work Statement (PWS) and a blank Price list attachment.

***To be considered for award, you or your entity must be actively registered in System for Award Management (SAM), www.sam.gov and subsequently enrolled in iRAPT, formerly known as Wide Area Workflow (WAWF), https://wawf.eb.mil/, for purpose of invoice/ payment if awarded the contract. Please note that WAWF is the ONLY ACCEPTABLE means of invoicing and payment. Offerors should provide their DUNS number, CAGE code, and confirmation of their SAM registration along with their quote.

I. INSTRUCTIONS AND CLAUSES:

Definitions Gratuities

NOV 2013

APR 1984

MAY 2014

OCT 2010

MAY 2011

OCT 2016

JAN 2011

OCT 2015

OCT 2016

52.204-16 52.204-18 Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance

JUL 2016

JUL 2016

DEC 2014

JUL 2013

JAN 2017

JAN 1997

MAY 2001

JUN 2008

OCT 2015

MAY 2014

MAY 2014

JUN 2013

MAY 2014

AUG 1996

OCT 2004

APR 1984

JUL 1995

DEC 1991

DoD Officials.

SEP 2011

SEP 2013

NOV 2011

APR 1992

FEB 2014

OCT 2016

MAY 2016

DEC 1991

OCT 2015

MAY 2011

JUN 1997

JAN 2015

DEC 1991

JUN 2005

APR 2003

APR 2003

APR 2003

OCT 2015

JUN 1997

DEC 2011

JUN 1997

JUN 2012

JUN 1997

DEC 2006

JUN 1997

DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 Ownership or Control of Offeror (JUL 2016)

(a) Definitions. As used in this provision— “Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:________________________________________ Immediate owner legal name:_________________________________________ (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?:

[ ] Yes or [ ] No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:________________________________________ Highest level owner legal name:_________________________________________ (Do not use a “doing business as” name) (End of provision)

52.204-20 –Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision-- “Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

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

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

(End of provision)

52.209-7 – Information Regarding Responsibility Matters (JUL 2013)

a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision) 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

Addendum to FAR 52.212-1 (Alt 1) Instructions to Offerors – Commercial Items (JAN 2017)

A. To assure timely and equitable evaluation of the quotations, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including:

Failure to meet a requirement may result in an offer being ineligible for award.

The Government’s terms, conditions, and respective clauses contained within this solicitation are prescribed in accordance with United States Federal Acquisition Regulations (FAR), and are not subject to conditionally proposed revisions or changes requested by offerors. Offerors’ specific terms and conditions that may be contingently proposed for subsequent inclusion into the contract, if awarded, will not be considered by the Government in its evaluation of quotations. Offerors that are not able to comply with the aforementioned conditions, will be determined as noncompliant with the solicitation requirements, and therefore may be removed from consideration for award.

B. The quotation shall consist of two (2) separate parts;

C. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional price information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

D. Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items along with the quotation. For other provisions and clauses in the solicitation, the offeror is required to submit the pages that require an offeror fill-in.

Specific Instructions: Complete the necessary fill-ins and certifications in all provisions. The provisions FAR 52.212-3, and 252.225-7032 shall be returned along with the quotation.

E. Quotation Submission Instructions:

· 5MB size limit per email.

· If sending multiple emails, label each email as “1 of X” “2 of X” etc. so that receipt of all parts can be verified

· Suggest sending using a read receipt.

· It is the offeror’s responsibility to ensure the quotation is sent to the correct Government email address.

· Sealed envelope or package used to submit your quotation must show the time and date specified for receipt, Solicitation Number, and the name and address of the offeror.

· Quotations must contain two (2) copies of all documents.

· Sealed envelope or package used to submit your quotation must show the time and date specified for receipt, Solicitation Number, and the name and address of the offeror.

· Electronic copies must be submitted on CD or DVD. Flash drives will not be accepted.

· Only one electronic copy is required.

NOTE: Offerors are cautioned that RAF Lakenheath has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HAND CARRYING QUOTATIONS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the contracting office PRIOR to the time specified for receipt. Late quotations will be processed in accordance with FAR 52.212-1(f) ―Late submission, modifications, revisions, and withdrawals of offers.

The submittal due date for quotations is due 20 November 2017, by 1300 hours Greenwich Mean Time (GMT).

F. Format for quotation Parts I and II shall be as follows:

Elaborate formats, bindings or color presentations are not desired or required.

G. Further changes to the original clause 52.212-1.

1. Paragraph 52.212-1(c), Period for Acceptance of Offers is tailored as follows: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

2. Paragraphs 52.212-1(d) and 52.212-1(h) and 52.212-1(i) do not apply to this acquisition.

I. Specific Instructions:

PART I – TECHNICAL CAPABILITY QUOTATION - Limited to no more than 20 pages. Supporting documentation such as license, insurance, or registration do not count towards the page limit.

1. Transition Plan – Illustrate in detail your plan for transitioning to new contract performance during the phase-in period by describing how you will successfully perform all requirements on the contract start date. Your resource and transition plan shall include as a minimum, but is not limited to:

1. A comprehensive description and complete timeline of all transition activities and key personnel necessary to begin successful performance on the performance start date of 1 December 2017.

1. Thorough and clear details of staff hiring processes, training processes and timelines that will be utilized to obtain adequate numbers of qualified personnel to perform to the standards stipulated in the PWS by the performance start date. Hiring processes should include details of how the offeror plans to comply with required base security and clearance procedures. Offerors should include details of how they plan to comply with the UK Transfer of Undertakings Protection of Employment (TUPE) law if they believe it applies or reasoning it may not apply.

1. Provide copies of written Certificates of Professional Competence for National Road Haulage as designated by National Transportation Departments (if applicable to the proposed vehicle type).

1. Quality Control Plan - Provide a Quality Control Plan that describes approach you will use to successfully perform to the standards detailed in the Performance Work Statement (PWS) and to effectively meet the quality thresholds defined in the Services Summary. Note that if selected for award, your Quality Control Plan will be incorporated into the contract and will be monitored for compliance on the Service Summary as a performance objective item. Your plan shall include as a minimum, but is not limited to:

1. A clear description in detail of the methods, processes, and procedures for ensuring performance meets the standards of the PWS;

1. A description of the offeror’s inspection system to effectively meet the quality thresholds defined in the Service Summary (SS) in paragraph 2.0 of the PWS. Description shall include specifics as to the areas to be inspected, frequency of inspections, how inspections will be documented, how feedback will be provided to employees, and the quantity, title, and organizational placement of the inspectors. This should include processes for interfacing with the assigned Contracting Officer’s Representatives (CORs);

1. Management Plan - Provide a Management Plan that describes how your company will obtain and manage personnel and resources to successfully perform the work detailed in the PWS. Your plan shall include as a minimum, but is not limited to:

1. A detailed description of the facilities and equipment which will be used to fulfil the requirement. Description should include quantities of each type of equipment, daily operating capacities, and how proposed facilities and equipment will accommodate the workload estimates projected under the solicitation for the resulting contract;

1. A description of the size, types and quantity of vehicles to be utilized in the performance of the contract;

1. A process to ensure adequate types of insurance and minimum amounts of insurance covering work to be performed under the contract in accordance with UK Laws and Regulations;

1. Subcontracting/Teaming Plan - Provide a Subcontracting/Teaming Plan that provides complete information as to the arrangement and how your company will manage and coordinate the performance of any subcontractors or teaming partners to meet the standards stipulated in the PWS. If no sub-contracting or a teaming is proposed, please state.

PART II – PRICE

1. Complete the Price Spreadsheet attached to the solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments.

1. Firm Fixed Priced Quotations: As prescribed by clause 52.216-1 TYPE OF CONTRACT, the resultant contract will be Firm Fixed Price. Accordingly, quoted pricing by offerors shall be firm-fixed, and not subject to revision and/or negotiation if selected for contract award. Additionally, multiple awards will not be considered, quotations shall include pricing for all items in the Price Spreadsheet. Do not alter the spreadsheet format or the quantities. Unit prices should not exceed more than two (2) decimal places of a British Sterling Pound (£). Unit prices exceeding two decimal places will be rounded to the nearest second decimal place. Offerors need only complete Attachment 2 for pricing purposes. Proposed pricing must be submitted in British Sterling Pounds (£), exclusive of VAT, and remain valid for 180-days after the closing date of this solicitation.

1. Complete all areas within Attachment 2, Price Spreadsheet ensuring that proposed unit and extended prices for the required quantities are correctly calculated for summary totals that equate to prices provided at the Contract Line Item Number-level (CLIN). Quotations shall include the Price Spreadsheet contained in Attachment 2, Pricing Spreadsheet. Complete Attachment 2 with all unit prices. Unit Prices should reflect prices per each item.

1. Proposed quotation pricing must be submitted in British Sterling Pounds (£), exclusive of VAT, INFORMATIONAL PRICING NOTE:

TUPE - (Transfer of Undertakings (Protection of Employment) Regulations 2006

Definition. The United Kingdom’s Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is the main piece of legislation governing the transfer of an undertaking, or part of one, to another. The regulations are designed to protect the rights of employees in a transfer situation.

During the solicitation phase and award of the resultant contract the Government does not have access to specific TUPE information nor becomes involved with related TUPE processes and associated liabilities (to include indemnification) that may transpire during pre-award or post-award phases between transferor and transferee. While the Government fully understands the relevance of TUPE-information in proposing fixed prices, the responsibility to provide TUPE-information rests solely with the transferor; governed by Regulation 11 of the Transfer of Undertakings (Protection of Employees) Regulations 2006 (TUPE). As the transferor need only provide TUPE information to the transferee prior to the transfer, the Government will only make available the listing of the current, incumbent contractor(s) with associated points of contact if requested. The Government is not responsible for determination of TUPE applicability; the responsibility lies solely with the transferor.

As this is a firm-fixed price contract it is incumbent upon the offeror to calculate any anticipated TUPE pricing at time of quotation submittal. TUPE costs cannot be submitted as a conditional quotation, if submitted as such the offeror’s quotation will be considered unacceptable and the offeror may be excluded from competition.

End of Addendum

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

1. Using FAR Part 13.5 Simplified Acquisition Procedures the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the evaluation factors required under clause 52.212-1 of the solicitation will be most advantageous to the Government, price and other factors considered. The following factors and respective sub-factors shall be used to evaluate offers:

1. Technical Capability

0. Transition Plan

0. Quality Control Plan

c. Management Plan

1. Price

See below for the factors and sub-factors that shall be used to evaluate quotations.

B. As allowed by FAR Part 13.106-2 the Contracting Officer has determined that a Lowest Price Technically Acceptable (LPTA) approach is most advantageous to the government. Parts of FAR Part 13.106-2 (b) (3) and (4) will be utilized for the purpose of the Government’s evaluation of quotations and resultant award determination. Under the LPTA evaluation process, Technical Capability will be evaluated and rated on an acceptable or unacceptable basis (pass/fail), whereby unacceptability of any respective sub-factor will result in an unacceptable technical capability-rating.

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

The Government intends to award a contract without discussions. The Government reserves the right to solicit additional information from one or all contractors regarding their proposal at any time during the evaluation if deemed in the best interest of the Government.

1. Technical Capability. The government will evaluate technical quotations and the below listed sub-factors on an acceptable or unacceptable basis. An unacceptable rating for any of the below sub-factors will result in an unacceptable rating for the Technical Capability primary factor. Accordingly, under the LPTA evaluation approach, offerors who receive an unacceptable rating for this factor may not be considered for award. Note that the government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest. If the Government elects to award without discussions, an initial technical rating of unacceptable will render the entire quotations unacceptable. Technical Acceptability shall be evaluated against the following sub-factors where all sub-factors are considered equal:

a. Subfactor 1: Transition Plan Measure of Merit: This requirement is met when the offeror has thoroughly and successfully demonstrated the ability to meet all transition activities identified in 52.212-1 Addendum, Transition Plan paragraph 1., sub paragraphs a, through c.

b. Subfactor 2: Quality Control Plan Measure of Merit: This requirement is met when the offeror has thoroughly and successfully demonstrated the ability to meet all quality control activities identified in 52.212-1 Addendum, Quality Control Plan paragraph 2., sub paragraphs a and b. Additionally, evaluated is whether the offeror’s overall control of quality addresses and meets the specified performance thresholds for each requirement in the Services Summary.

c. Subfactor 3: Management Plan Measure of Merit: This requirement is met when the offeror has thoroughly and successfully demonstrated the ability to meet all management activities identified in 52.212-1 Addendum, Management Plan paragraph 3., paragraphs a, through c.

As a result of the government’s evaluation of the aforementioned technical sub-factors of Transition Plan, Quality Control Plan, and Management Plan and all associated elements accordingly, a determination of acceptable or unacceptable will be assigned for this factor of Technical Acceptability using the following ratings and descriptions:

Technical Acceptable/Unacceptable Ratings

2. Price Evaluation. The Government will evaluate prices submitted in the Pricing Spreadsheet. Failure to propose on all CLINs will render the quotation non-responsive. Comparisons of proposed pricing by offerors received in response to the solicitation will be evaluated at the CLIN level; the extended prices for each CLIN will then be added together, to create an aggregate total.

Offerors should propose the best available pricing to the Government for each CLIN in arriving at the most competitive price. Additionally, as this requirement is commercial, that will result in a “firm-fixed-price” contract, a comparison of offeror’s price will satisfy the requirement for price analysis, in establishing price fair and reasonableness IAW FAR Part 13.106-3. Evaluation will be conducted to determine if proposed prices are fair and reasonable IAW FAR 13.106-3.

AWARD DETERMINATION: As a result of the Government’s aforementioned evaluation, only those offerors whose quotations are determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. No trade-offs will be permitted between price, and the non-price factors of technical capability. Of those offerors found technically acceptable, an award determination will be made to the offeror with the lowest price that is determined to be fair and reasonable IAW 13.106-3.

End of Addendum

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

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

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 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.)

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

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

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

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

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

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

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

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (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 (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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 (Dec 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-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 (Aug 2011) (E.O. 13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 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 (May 2014) (41 U.S.C. chapter 83).

____(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

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

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

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

____ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

____ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

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

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

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

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.219-8, 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.

(iv) 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.

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

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

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

X (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant…