1215605_Solicitation_final_7119.pdf

FDA-19-RFQ-1215605

1 | P a g e

Solicitation Number FDA-19-RFQ-1215605

RADIATION SAFETY AUDIT

Part 1 – Description

The Food and Drug Administration (FDA) Office of Regulatory Science’s (ORS) Winchester Engineering and Analytical Center (WEAC) has a need for a RADIATION SAFETY AUDIT.

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

This solicitation is a Request for Quote (RFQ) using FAR Parts 12 and 13 procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-02. The North American Industry Classification System (NAICS) code for the proposed acquisition is 541620 Environmental Consulting Services.

This requirement is for a BRAND NAME: RADIATION SAFETY AUDIT.

Part 2 – Supplies or Services and Prices/Costs

2.1 Contract Type: Firm-Fixed Price

2.2 Pricing Table

Base Year

CLIN Service and Supply Description HRS QTY Rate Total

0001 Certified Health Physicist 20 0002 Health Physicist 4 0003 Other Direct Costs 0004 Travel Total Firm Fixed Price

Option Year 1

Year CLIN Service and Supply Description HRS/QTY Rate Total

1001 Certified Health Physicist 10 1002 Health Physicist 4 1003 Other Direct Costs 1004 Travel

2 | P a g e

Option Year 2

CLIN Service and Supply Description HRS/QTY Rate Total

2001 Certified Health Physicist 10 2002 Health Physicist 4 2003 Other Direct Costs 2004 Travel

Option Year 3

CLIN Service and Supply Description HRS/QTY Rate Total

3001 Certified Health Physicist 10 3002 Health Physicist 4 3003 Other Direct Costs 3004 Travel

2.3 Option Years

The total price is $____________.

Part 3 – Description/Specifications

3.1 Background

The Food and Drug Administration (FDA) Office of Regulatory Science’s (ORS) Winchester Engineering and Analytical Center (WEAC) is responsible for analyzing regulated products for radioactive contaminants and samples for routine surveillance and radiological or nuclear emergencies. These analyses require the use of radioactive material, which is regulated by the Nuclear Regulatory Commission (NRC) under the Office of Regulatory Science’s NRC License No. 201-08631-01. The license specifies that ORS establishes a radiation safety program to ensure the safety of the workers processing products containing, and conducting research involving, radioactive material and to ensure the safety of the general public. Although most of this work is completed at WEAC which is an ORS laboratory, some minor work involving tritium is also conducted at ORS’s Northeast laboratory in New York. Additionally, one non-ORS lab is also covered under

3 | P a g e

ORS’s NRC license; FDA’s Center Drug Evaluation and Research’s (CDER) Division of Pharmaceutical Analysis (DPA) laboratory in St Louis holds a sealed Nickel-63 source.

One specific term of this license is to have the radiation safety program audited every year by a third-party health physics firm. This process ensures not only adherence to current NRC safety regulations, but also allows for continual improvement of the radiation safety program.

3.2 Statement of Work/Salient Characteristics

The contractor shall provide the Government with a RADIATION SAFETY AUDIT that meets or exceeds the salient characteristics described below:

The Office of Regulatory Science Winchester Engineering and Analytical Center (WEAC) requires a third-party health physics firm to conduct an audit of the radiation safety program at 109 Holton Street Winchester

MA.

The RADIATION SAFETY AUDIT must meet the following technical specifications:

Contractor must have conducted at least 5 assessments of radiation safety program over a broad range of licensed radioactive material uses including Type A Broad Scope Licensees of government programs including that use volatile, liquid, powder and other dispersible forms of radioactive material including alpha emitters.

• Program assessment/Radiation audit shall be consistent with 10CFR19, 10CFR20, 10CFR33, US NRC NUREG-1556 - Volume 7 “Program-Specific Guidance about Academic, Research and Development, and Other Licenses of Limited Scope Including Gas Chromatographs and X-Ray Fluorescence Analyzers” and US NRC NUREG-1556 - Volume 11 “Program-Specific Guidance about Licenses of Broad Scope”.

• Assessment/ Radiation audit may be completed by a qualified health physicist but final report must be reviewed by a senior health physicist or a certified health physicist

• At a minimum, the Assessment/ Radiation audit shall include a review each of the following components of ORS’s radiation safety program:

o Radiation protection policy (program plan) o Radiation protection organization; Radiation safety procedures;

o Radiation protection records;

o ALARA (AS Low As Reasonable Achievable) requirements;

o Qualifications of radiation protection personnel (specifically RSO, support staff, and authorized users);

o Employee training in radiation safety;

o Instrumentation and surveillance program;

o Contamination control;

o Internal and external exposure monitoring and control;

o Posting/labeling;

o Control of work, radiation work permits or other work authorizations;

o Radioactive waste management and control;

o Receiving, identification and accountability of radioactive materials;

o Shipping radioactive materials;

https://www.nrc.gov/reading-rm/doc-collections/cfr/part019/ https://www.nrc.gov/reading-rm/doc-collections/cfr/part020/ https://www.nrc.gov/reading-rm/doc-collections/cfr/part033/ https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v7/ https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v7/ https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v7/ https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v11/ https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v11/

4 | P a g e o Emergency response actions/plans;

o Stop work authority;

o Sealed source handling/accountability;

o Recordkeeping o Specific radiation safety areas/practices that involve alpha emitters and volatile/dispersible radionuclides

• Radiation audit shall include findings and suggestions for improvement.

3.3 Delivery, Installation, Training, and Support:

The vendor shall cover all costs associated with the following:

Technical support shall be provided via common avenues: phone, web and/or fax during standard business hours.

Part 4 –Performance and Deliverables

4.1 Place of Performance and Work Hours

All applicable equipment is located at the location listed below. Normal workdays are Monday through Friday except US Federal Holidays. Work hours are typically from 8 am to 5 pm (ET). Service visits shall be coordinated with (TBD), see below.

Delivery Location and Point of Contact:

Contact: TBD US Food and Drug Administration Winchester Engineering and Analytical Center 109 Holton Street Winchester, MA 01890

4.2 Period of Performance

The equipment shall be delivered within 30 days after contract award.

Period of Performance shall be for one (1) (base) year plus 3 additional option years following installation.

4.3 Optional Service/Maintenance Agreement

The FDA shall have a unilateral right to exercise optional periods of service/maintenance coverage on the instrument described in section 3.2. This service agreement shall cover all parts, labor and travel necessary to maintain the instrument.

The option period of performance(s), if exercised, shall commence as follows:

5 | P a g e

Option-Deliverable Period of Performance Option Period 1 –Extended Warranty, service, and Preventative Maintenance

Agreement

Begin at the expiration of the standard manufacturer’s warranty/maintenance period and will end after one year.

Option Period 2 –Extended Warranty, service, and Preventative Maintenance

Agreement

Begin 1 year after the start of option period 1 and in effect for one year.

Option Period 3 –Extended Warranty, service, and Preventative Maintenance

Agreement

Begin 1 year after the start of option period 2 and in effect for one year.

Part 5 –Contract Administration

5.1 Representative’s

The Contracting Officer’s Representative (COR) will perform inspection and acceptance of equipment and services to be provided.

For the purpose of this PART, (COR TBD) is the authorized representative of the Contracting Officer.

The COR is responsible for the following as required by this order: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the Statement of Work and any other technical performance requirements; (3) performing technical evaluations; (4) performing technical inspections and acceptances;

and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as an agent of the Government under this order. Only the Contracting Officer has authority to: direct or negotiate any changes in the order, including modifying or extending the period of performance, changing the delivery schedule, authorizing reimbursement to the Contractor for any costs incurred during the performance of this order, or otherwise change any terms and conditions of this order.

The contact information for the Contracting Officer is the following:

Matthew Bucher U.S. Food and Drug Administration Office of Acquisitions and Grants Services 4041 Powder Mill Road Beltsville, MD 20705 Matthew.Bucher@fda.hhs.gov

The contact information for the Contract Specialist is the following:

Robert Maydwell U.S. Food and Drug Administration Office of Acquisitions and Grants Services 4041 Powder Mill Road

6 | P a g e

Beltsville, MD 20705 Robert.Maydwell@fda.hhs.gov;

(301) 348-1814

The contact information for the Contractor is the following: (TBD)

5.2 Payment

The Government will pay the Contractor only each respective deliverable’s firm-fixed-price delineated in the table in Subpart 2 above, upon successful completion, as determined by the COR, and upon submission of a proper invoice. Proper invoice submission includes following the invoice instructions below.

FDA Three-Way Match Invoicing Procedures

A. The contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

Attn: Vendor Payments Division of Payment Services 10903 New Hampshire Ave WO32 - Second Floor

MAIL HUB 2145

Silver Spring, MD 20993-0002 301-827-3742 FDAVendorPaymentsTeam@fda.hhs.gov

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail. Provide a copy marked courtesy to the COR or Technical Point of Contact (TPOC). The COR/TPOC is (insert name and email address.)

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer - System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite-Delivery/Indefinite- Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

mailto:Robert.Maydwell@fda.hhs.gov

7 | P a g e

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the award item number for each description, quantity, unit of measure, unit price, and extended price supplies delivered, or services performed;

(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 (Prompt Payment terms other than NET 30);

(vii) Name and address of official to whom payment is to be sent (must be the same as that in the purchase order/award, or in a proper notice of assignment);

(viii) Name, title, and phone number of person to notify in event of defective invoice;

(ix) Taxpayer Identification Number (TIN);

(x) banking routing transit number of the financial institution receiving payment for Electronic funds transfer

(EFT);

(xi) Name and telephone number of the FDA Contracting Officer Representative (COR) or other Program Center/Office point of contact, as referenced on the award;

(xii) For all Inspections, Time-and-Materials and Labor-Hour Awards, Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiii) Any other information or documentation required by the award.

C. An electronic invoice is acceptable if submitted in Adobe Acrobat (PDF) format. All items listed in

(i) through (xiii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing.

D. Questions regarding invoice payments should be directed to the Employee Resource and Information Center (ERIC) Helpdesk at 301-827-ERIC (3742) or toll-free 866-807-ERIC (3742); or, by email at ERIC@fda.hhs.gov. Refer to the Call-in menu options and follow the phone prompts to dial the option that corresponds to the service that's needed. All ERIC Service Now Tickets will either be responded to or resolved within 48 hours (2 business days) of being received. When emailing, please be sure to include the contract number, invoice number and date of invoice, as well as your name, phone number, and a detailed description of the issue.

8 | P a g e

Part 6 – Contract clauses

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (Feb 1998)

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

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.216-24, Limitation of Government Liability (Apr 1984)

52.233-2, Service of Protest (Sep 2006)

FAR CLAUSES BY FULL TEXT

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

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2019)

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

(1)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

__ (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3)52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4)52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5)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)).

http://www.acquisition.gov/far/ https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/12.301#b_4 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/rio/citation/Pub._L._115-91 https://www.law.cornell.edu/cfr/text/48/52.209-10 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.233-3 https://www.law.cornell.edu/uscode/text/31/3553 https://www.law.cornell.edu/cfr/text/48/52.233-4 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/uscode/text/19/3805

9 | P a g e

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved]

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (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]

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

__ (ii) Alternate I (NOV 2011).

https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.203-6 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/4704 https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/cfr/text/48/52.203-15 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/rio/citation/Pub._L._111-5 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/topn/american_recovery_and_reinvestment_act_of_2009 https://www.law.cornell.edu/cfr/text/48/52.204-10 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/rio/citation/Pub._L._109-282 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.204-14 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/cfr/text/48/52.204-15 https://www.law.cornell.edu/rio/citation/Pub._L._111-117 https://www.law.cornell.edu/cfr/text/48/52.209-6 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/31/6101 https://www.law.cornell.edu/cfr/text/48/52.209-9 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/2313 https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-3 https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/657a https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-4 https://www.law.cornell.edu/cfr/text/48/52.219-6 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.212-5

10 | P a g e

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 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 (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (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 (AUG 2018) 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 - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 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 (JUN 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/uscode/text/15/644 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-7 https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/uscode/text/15/637#d_4 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.219-9 https://www.law.cornell.edu/cfr/text/48/52.219-13 https://www.law.cornell.edu/uscode/text/15/644#r https://www.law.cornell.edu/cfr/text/48/52.219-14 https://www.law.cornell.edu/uscode/text/15/637#a_14 https://www.law.cornell.edu/cfr/text/48/52.219-16 https://www.law.cornell.edu/uscode/text/15/637#d_4_F_i https://www.law.cornell.edu/cfr/text/48/52.219-27 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/657f https://www.law.cornell.edu/uscode/text/15/657f https://www.law.cornell.edu/cfr/text/48/52.219-28 https://www.law.cornell.edu/uscode/text/15/632#a_2 https://www.law.cornell.edu/uscode/text/15/632#a_2 https://www.law.cornell.edu/cfr/text/48/52.219-29 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.219-30 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/637#m https://www.law.cornell.edu/cfr/text/48/52.222-3 https://www.govinfo.gov/link/cpd/executiveorder/11755 https://www.law.cornell.edu/cfr/text/48/52.222-19 https://www.govinfo.gov/link/cpd/executiveorder/13126 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246

11 | P a g e

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

_X_ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

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

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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)(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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

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

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (39)(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.

https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/42/6962#c_3_A_ii https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.223-9 https://www.law.cornell.edu/uscode/text/42/6962#i_2_C https://www.law.cornell.edu/cfr/text/48/52.223-11 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-12 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.223-13 https://www.law.cornell.edu/cfr/text/48/52.223-14 https://www.law.cornell.edu/cfr/text/48/52.223-14

12 | P a g e

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

__ (46) 52.225-1, Buy American - Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq.,19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

https://www.law.cornell.edu/cfr/text/48/52.223-15 https://www.law.cornell.edu/uscode/text/42/8259b https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.223-16 https://www.law.cornell.edu/cfr/text/48/52.223-18 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.223-20 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.223-21 https://www.govinfo.gov/link/cpd/executiveorder/13693 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/cfr/text/48/52.225-1 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/uscode/text/41/chapter-83 https://www.law.cornell.edu/uscode/text/19/2112 https://www.law.cornell.edu/uscode/text/19/3805 https://www.law.cornell.edu/uscode/text/19/4001 https://www.congress.gov/public-laws/103rd-congress#182 https://www.congress.gov/public-laws/103rd-congress#182 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.225-3 https://www.law.cornell.edu/cfr/text/48/52.225-5 https://www.law.cornell.edu/uscode/text/19/2501 https://www.law.cornell.edu/uscode/text/19/3301 https://www.law.cornell.edu/cfr/text/48/52.225-13 https://www.law.cornell.edu/cfr/text/48/52.225-26 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/topn/national_defense_authorization_act_for_fiscal_year_2008 https://www.law.cornell.edu/uscode/text/10/2302 https://www.law.cornell.edu/cfr/text/48/52.226-4 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.226-5 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/uscode/text/42/5150 https://www.law.cornell.edu/cfr/text/48/52.232-29 https://www.law.cornell.edu/uscode/text/41/4505

13 | P a g e

__ (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

__ (60)(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.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (AUG 2018) (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).

https://www.law.cornell.edu/cfr/text/48/52.232-30 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/4505 https://www.law.cornell.edu/cfr/text/48/52.232-33 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-34 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.232-36 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/31/3332 https://www.law.cornell.edu/cfr/text/48/52.239-1 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.242-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/637#d_13 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/46a https://www.law.cornell.edu/uscode/text/10/2631 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.247-64 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-42 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-43 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-44 https://www.law.cornell.edu/uscode/text/29/206 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/uscode/text/41/chapter-67

14 | P a g e

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

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

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

1792).

(d)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) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -

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

https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.226-6 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/uscode/text/42/1792 https://www.law.cornell.edu/cfr/text/48/52.215-2 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/part-4/subpart-4.7 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.203-13 https://www.law.cornell.edu/uscode/text/41/3509 https://www.law.cornell.edu/cfr/text/48/52.203-19 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/rio/citation/Pub._L._113-235 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.204-23 https://www.law.cornell.edu/rio/citation/Pub._L._115-91

15 | P a g e

(iv)52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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 (SEP 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 (JAN 2019) (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

https://www.law.cornell.edu/cfr/text/48/52.219-8 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/15/637#d_2 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-17 https://www.govinfo.gov/link/cpd/executiveorder/13495 https://www.law.cornell.edu/cfr/text/48/52.222-21 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-26 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/48/52.222-35 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-36 https://www.law.cornell.edu/uscode/text/29/793 https://www.law.cornell.edu/cfr/text/48/52.222-37 https://www.law.cornell.edu/uscode/text/38/4212 https://www.law.cornell.edu/cfr/text/48/52.222-40 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/topn/labor_relations_act https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.govinfo.gov/link/cpd/executiveorder/13496 https://www.law.cornell.edu/cfr/text/48/52.222-41 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/cfr/text/48/52.222-50 https://www.law.cornell.edu/uscode/text/22/chapter-78 https://www.govinfo.gov/link/cpd/executiveorder/13627 https://www.law.cornell.edu/cfr/text/48/52.222-51 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-53 https://www.law.cornell.edu/uscode/text/41/chapter-67 https://www.law.cornell.edu/cfr/text/48/52.222-54 https://www.govinfo.gov/link/cpd/executiveorder/12989 https://www.law.cornell.edu/cfr/text/48/52.222-55 https://www.govinfo.gov/link/cpd/executiveorder/13658 https://www.law.cornell.edu/cfr/text/48/52.222-62 https://www.law.cornell.edu/cfr/text/48/52.212-5 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.govinfo.gov/link/cpd/executiveorder/13706 https://www.law.cornell.edu/cfr/text/48/52.224-3 https://www.law.cornell.edu/uscode/text/5/552a https://www.law.cornell.edu/cfr/text/48/52.224-3

16 | P a g e

(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)

ADDENDUM TO CLAUSE 52.212-4

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS--

REPRESENTATION (JAN 2017)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

THE FOLLOWING IS FILL-IN DATA FOR CLAUSE 52.212-5 PARA (b)(22):

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number…