FY 2022 NONHAZARDOUS SOLID WASTE LANDFILL SOLICITATION.pdf

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FCC Yazoo City - FY 2022 NON-HAZARDOUS SOLID WASTE LANDFILL
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15B31521Q00000022
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15B31521Q00000022 Page 1 of 35

OLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONT CT NO.

7. FOR SOLICITATION

I FORMATION CALL:

9. ISSUE BY

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

a. NAME

Kecha Goston kstiff@bop.gov

CODE 158315

5. SOLICITATION NUMBER

l 5B31521 Q00000022

6. SOLICITATION ISSUE

DATE

09/ 13/2021

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

(0) 662-716-1020 (F) 662-716-1024 09/30/2021 14:00 CT

% FOR ~----- 10. THE ACQUISITION IS ~ UNRESTRICTED OR • SET ASIDE:

Federal urcau of Prisons FCC Y oo City

2225 EYBARBOURPARKWAY

YAZOO CITY, MS 39194

11. DELIV RY FOR FOB DESTINATION

UNLESS LOCK IS MARKED

• SEE

SCH DULE

12. DISCOUNT TERMS

CODE 15B315

• SMALL BUSINESS • HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBlE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB • SERVICE-OISABLEO

VETERAN-OWNED

SMALL BUSINESS • 8(A)

SIZE STANDARD: $12,500,000

• 13a. THIS CONTRACT IS A

RATED ORDER UNDER OPAS

(15 CFR 700)

16. ADMINISTERED BY

13b.RATING

4. METHOD OF SOLICITATION

@ RFQ • IFS

CODE

• RFP

au of Prisons City

~--------l Federal Bureau of Prisons FCC Yazoo City

158315

Y BARBOUR PARK.WAY

ITY, MS 39194

CODE FACILITY

CODE

ECK IF REMITTANCE IS DIFFERENT ANO PUT SUCH ADDRESS IN

Non-Hazardous Solid Waste Landfill for the period of October O I , 2021 to September 30, 2022, in accordance with the following terms and conditions.

(FY - 2022)

Finn Fixed Price

See Continuation Sheet(s) ( U5e Re~~oJtdlor A1tacli Aridltio,ml S4tttJ as f,l,tt33a,y)

25. ACCOU TING AND APPROPRIATION DATA

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE 15B315

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SO !CITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

RACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELNER ALL ITEMS SET FORTH

RWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

D CONDITIONS SPECIFIED.

• 29. AWARD OF CONTRACT: REF. _____ _ _ ____ OFFER

DATED - ---=--. YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFF/CEF?)

D TITLE OF SIGNER (TYPE OR PRIND

AUTHORIZ D FOR LOCAL REPRODUCTION

PREVIOUS DITION IS NOT USABLE

30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Kecha Goston 09/13/2021

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

I 1! .

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

32a. QUA/I TITY IN COLUMN 21 HAS BEEN

22.

UNIT

15831521Q00000022 Page 2 of 35

23. 24.

UNIT PRICE AMOUNT

• RECE VED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___ _ ____ ___ _ _

32b. SIGN, TURE OF AUTHORIZED GOVERNMENT REPRESE nATIVE

32c. DATE

32e. MAILII G ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP Nl MBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

D coMPLETE • PARTIAL • FINAL

37. CHECK NUMBER

I PARTI ~L I I FINAL

38. S/R ACC OUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY

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

41b. SIGNA URE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MMIDD) 42d. TOTAL CONTAINERS

I

STANDARD FORM 1449 (REV. 2/2012) BACK

Sectio

15831521Q00000022 Page 3 of 35

Table of Contents

Description Page Number

Solicitation/Contract Fonn ....................................... ........................................................................................ I Commodity or Services Schedule Contract Clauses

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011 ) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 20 I 3)

52.2 12-4 Contract Tenns and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Tenns and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Aug 2020)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Comrnercial Items (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.204-7 System for Award Management (Oct 2018)

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES

0001 Non-Hazardous Solid Waste Landfill for the Complex beginning October 01 , 2021 thru September 30, 2022.

Estimated quantity of 3000 tons of solid waste to be disposed of on the landfill.

PSC: S222

QUANTITY UNIT UNIT PRICE

sv $ _ _ _

15B31521Q00000022 Page 4 of 35

AMOUNT

As statej in Block 10 of the SF-1449, the applicable NAICS code is 562212 and the size standard of$12.5 million.

2.1 .AI:iDENDA CONTINUATION OF SFl449 BLOCKS 19 AND 20

Scope o Work: SOLID WASTE DISPOSAL LANDFILL

Solid W ste at Federal Correctional Complex, Yazoo City, MS, shall be disposed of in a landfill which will consist of waste from compact )rs, roll-offs, and open-top roll-off containers. An estimated 3000 tons of solid waste over the course of this contract will be disposed of in a suitable landfill in accordance with local, state, and federal laws. Disposal site must be within 70 miles of the Federal Correcti nal Complex, Yazoo City, 2225 Haley Barbour Parkway, Yazoo City, MS 39194. The travel route from FCC Yazoo City to the locat on of the landfill must not allow for travel through any largely, occupied areas.

The cont actor will provide weight tickets to FCC Yazoo City to facilitate tracking of the amount of solid waste that is being disposed each mo th for the Low, Medium, and USP.

15B31521Q00000022 Page 5 of 35

Sectio 3 - Contract Clauses

Contract Terms and Conditions-Commercial Items Oct 2018

(a) lnsp ction/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contrac . The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gove ent may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contr ct price. Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitabl price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercis its post-acceptance rights--in a reasonable time after the defect was discovered or should have been discovered; and e any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

nment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of

Claims ct {3 l U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), th Contractor may not assign its rights to receive payment under this contract.

es. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disp tes. This contract is subject to 4 1 U.S.C. chapter 7 l , Contract Disputes. Failure of the parties to this contract to reach agreeme ton any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be res lved in accordance with the clause at FAR 52.233-1 , Disputes, which is incorporated herein by reference. The Contractor shall pro eed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Defin "tions. The clause at FAR 52.202-1 , Definitions, is incorporated herein by reference.

(t) Excu ble delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonab e control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Gove ent in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, nd delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible fter the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurren e with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurren e.

(g) lnvoi e.

( I) The ontractor shall submit an original invoice and three copies ( or electronic invoice, if authorized) to the address designated in the contr ct to receive invoices. An invoice must include--

(i) Name nd address of the Contractor;

(ii) lnvoi e date and number;

(iii) Con act number, line item number and, if applicable, the order number;

(iv) Desc · ption, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipp ng number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Term of any discount for prompt payment offered;

(vii) Nam and address of official to whom payment is to be sent;

15831521Q00000022 Page 6 of 35

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

(ix) Ta payer Identification Number (TTN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contrac.

(x) Ele tronic funds transfer (EFT) banking information.

(A) Tb Contractor shall include EFT banking information on the invoice only ifrequired elsewhere in this contract.

(B) If E T banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall ha e submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232- 3, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfe --Other Than System for Award Management), or applicable agency procedures.

(C) EF banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invo ces will be bandied in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (0MB) rompt payment regulations at 5 CFR Part 1315.

(h) Pate t indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includin costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, ademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims d proceedings.

(i) Paym nt.--

(I) Item accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth n this contract.

(2) Pro t payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Elect onic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

( 4) Disc unt. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose f computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or he specified payment date if an electronic funds transfer payment is made.

(5) Over ayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwis overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circ stances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affe ed contract number and delivery order number, if applicable;

(C) Affec ed line item or subline item, if applicable; and

(D) Cont ctor point of contact.

(ii) Provi e a copy of the remittance and supporting documentation to the Contracting Officer.

( 6) lntere t.

(i) All am unts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until aid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treas as provided in 41 U .S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

15B31521Q00000022 Page 7 of 35

(ii) Th Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Fi al decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

{A) Th Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) Th Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the deman for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) Th Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the sam due date as the original demand for payment.

(v) Am unts shall be due at the earliest of the following dates:

{A) The date fixed under this contract.

(B) The ate of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be coll?puted for the actual number of calendar days involved beginning on the due date and ending on-te on which the designated office receives payment from the Contractor;

ate of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit ag inst the contract debt; or te on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi n Regulation in effect on the date of this contract.

(i) Risk shall re loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract in with the Contractor until, and shall pass to the Government upon:

(1) Deliv ry of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Deliv ry of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termi ationfor the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole c nvenience. In the event of ~uch termination, the Contractor shall immediately stop all work hereunder and shall immediately cause an and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percent ge of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges e Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the rmination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purp se. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any w rk performed or costs incurred which reasonably could have been avoided.

(m) Term ation for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contr ctor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, "th adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contr ctor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights nd remedies provided by Iaiw. If it is determined that the Government improperly terminated this contract for default, such terminati shall be deemed a termination for convenience.

(n) Title. n1ess specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptanc , regardless of when or where the Government takes physical possession.

15831521 Q00000022 Page 8 of 35

(o) Wa anty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu r purpose described in this contract.

(p) Lim tation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for con equential damages resulting from any defect or deficiencies in accepted items.

(q) 0 th r compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulati ns applicable to its performance under this contract.

(r) Com liance with laws unique to Government contracts. The Contractor agrees to comply with 3 1 U.S.C. 1352 relating to limitati ns on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 43 1 relating to officials not to benefit; 40 U.S.C. hapter 37, Contract Work Hours and Safety Standards; 4 1 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating o whistleblower protections; 49 U.S.C. 401 18, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Ord of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

( 1) The chedule of supplies/services.

(2) The ssignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unautho ·zed Obligations paragraphs of this c lause;

(3) The da to this solicitation or contract, including any license agreements for computer software.

(5) Solie tation provisions if this is a solicitation.

( 6) Othe paragraphs of this clause.

(7) The tandard Form 1449.

(8) Othe documents, exhibits, and attachments.

(9) The s ecification.

(t) [Rese ed]

(u) Unau horized Obligations

(1) Exce t as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring he Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that woul create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any s ch clause is unenforceable against the Government.

(ii) N eith r the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked t ough an "I agree" click box or other comparable mechanism (e.g. , "click-wrap" or "browse-wrap" agreements), execution does not ind the Government or any Government authorized end user to such clause.

(2) Para specifical ch clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

ph (u){I) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and authorized under applicable agency regulations and procedures.

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

15831521 Q00000022 Page 9 of 35

(End o clause)

A.1 DENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018) s and conditions for the following clauses are hereby incorporated into this solicitation and resulting contra t as an addendum to FAR clause 52.212-4.

omputer Generated Forms (Jan 1991)

Clause By Full Text

-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

of the five years immediately prior to submission of an offer/bid/quote, or prior to performance under a contract or commi ent, individuals or contractor employees providing services must have:

1. Legall resided in the United States (U.S.);

2. worke for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the in vidual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current informal n regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signi g this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

[End of lause]

52.24-40 -70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compli ce with Homeland Security Presidential Directive-12 (HSPD- 12) and Federal Information Processing Standard Publication

201 (FIP 201) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

I . Long- erm Contractor Personnel:

In order t be compliant with HSPD-12/PIV I, the following investigative requirements must be met for each new long-term 2 contracto employee whose background investigation (Bl) process begins on or after October 27, 2005:

a. Contra tor Personnel must present two forms of identification in original form prior to badge issuance (acceptable documents are listed in rm I-9, 0MB o. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal g vernment- issued picture TD);

b. Contra tor Personnel must appear in person at least once before a DOJ official who is responsible for checking the identification document . This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be document d by the DOJ official;

c. Contra tor Personnel must undergo a Bl commensurate with the designated risk level associated with the duties of each position.

Outlined elow are the minimum BI requirements for each risk level:

* High Risk - Background Investigation (5 year scope)

* Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI)

* Low Risk - National Agency Check with Inquiries (NACI) investigation

15B31521 Q00000022 Page 1 O of 35

d. The re-appointment BI waiver requirements for all position sensitivity levels are a:

I) Fav able review of the securityi questionnaire form;

2) Fav able fingerprint results;

3) Fav able credit report, ifrequired;3

4) Wai er request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favo able review of the National Agency Check (NAC) 4 portion of the applicable BI that is determined by position sensitivity/risk level.

A badg may be issued following approval of the above waiver requirements.

If the N C is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Securi Questionnaire and the Federal Bureau of Investigation Criminal History Check (i.e. , fingerprint check results).

e. Badg re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges issued nder these procedures will be suspended or revoked.

2. Sho Term Contractor Personnel:

olicy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for s or fewer are subject to the identity proofing requirements listed in items I a. and I b. above. The pre-appointment waiver require ents for short-term contractors are:

a. Favo able review of the security questionnaire form;

b. Favo able fingerprint results;

c. Favo ble credit report, ifrequired;5 and

d. Waiv r request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The comme surate BI does not need to be initiated.

A badg may be issued following approval of the above waiver requirements and the badge will expire six months from the date of issua ce. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecu ive short-term appointments are subject to the full PIV-I identity proofing process.

For exa pie, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the a ove short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month riod for the purpose of extending the initial contract or for employment under a totally different contract for another three or four-we k period, this contractor would now be considered "long-term" and must be cleared according to the long-term requirements as state in this interim po !icy.

3. Inte ittent Contractors:

tion to the above-mentioned short-term requirements would be intermittent contractors.

a. For p rposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/or OJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For exampl , the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contr ctors requiring intermittent access should follow the Department's escort policy. Please reference the August 11 , 2004, and January 9, 200 I, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intermittent r, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

termittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issue upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an i termittent contractor is apl?roved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year.

4. An in ividual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within e last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's Bl requirements.

5. The OJ's current escorted contractor policy remains unchanged by this acquisition notice.

0 I is available at: www.csrc.nist.gov/publications/fips/fips20 l/FIPS-201-022505.pdf HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six onths or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investig tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase o HSPD- 12 implementation (PIV-II) requires badge issuance to all affected long-term contractors.

3. For c ntractors in position sensitii"ity/risk levels above level I, a favorable review ofa credit check is required as part of the pre ent waiver package.

r to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM Per OPM ' s instructions, to obtain an Advance NAC Report, a Code" 3" must be placed in block" B "of the" Agency Use Only " s ction of the investigative form. This report is available for all case types.

15B31521Q00000022 Page 11 of 35

5.For c bntractors in position sensitivity/risk levels above level 1, a favorable review of a credit check is required as part of the pre appointment waiver package.

[End of Clause]

52.204 9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Hornell nd Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (0MB) guidance M-05-24 and Federal

Inform tion Processing Standards Publication {FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connec ion with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of he following, unless othenyise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upc n completion of the Contractor employee's employment.

(3) Up< n contract completion or tepnination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) Th~ Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's emplo) ees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-control ed information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in acco dance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End o clause)

52.232 40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcon ractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the apr licable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) Tot acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Inc ude the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcorltracts with small business concerns for the acquisition of commercial items.

(Endo clause)

[ENI OF ADDENDUM TO FAR 52.212-4]

52.212 5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Aug 2020)

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

(1) 521203-19, Prohibition on Reciuiring Certain Internal Confidentiality Agreements or Statements (Jan 20 I 7) (section 743 of Divisi bn E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provis ons in subsequent appropriations acts (and as extended in continuing resolutions)).

15B31521Q00000022 Page 12 of 35

(2) 52. 04-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covere Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52. 04-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) ( ection 889(a)(l)(A) of Pub. L. 115-232).

(4) 52. 09- 10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52. 33-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52. 33-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 ( I 9 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 incorp ated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ Contr cting Officer check as appropriate.]

_ (1) 2.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (4 1 U.S.C. 4704 and

10 U.S C. 2402).

_ (2) 2.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (4 1 U.S.C. 3509)).

_ (3) 2.203-15, Whistle blower Protections under the American Recovery and Reinvestment Act of 2009 (June 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ ( 4) 2.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. I 09-282) (3 1 U.S.C.

6 101 n te).

_ (5) Reserved].

X (6) 5 .204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (7) 2.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-1 17, section

743 of iv. C).

X (8) .209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Deba ent. (Oct 2015) (3 1 U .S.C. 6101 note).

X (9) 2.209- 9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

_ (IO [Reserved).

_ ( 11 (i) 52.2 l 9-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 201 1) (15 U.S.C. 657a).

_ (ii) lternate I (Nov 2011) of 52.219-3.

_ (12 (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 201 4) (if the offeror elects to waive he preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ (ii) lternate I (Jan 2011) of52.219-4.

( 13 [Reserved]

_ (14 (i) 52.219-6, Notice ofTotal Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii Alternate II (Nov 20 11 ).

15B31521Q00000022 Page 13 of 35

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

_ (ii) lternate I (Oct 1995) of 52.219-7.

_ (iii) lternate II (Mar 2004) of52.219-7.

2.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_ (17)() 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

_ (ii) lternate I (Nov 2016) of52.219-9.

_ (iii) lternate TI (Nov 2016) of 52.219-9.

_ (iv) lternate III (Nov 2016) of52.219-9.

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

_ (18) 2.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ (19) 2.219-14, Limitations on Subcontracting (Jan 20 I 7) (15 U.S.C. 637(a)(l4)).

_ (20) 2.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21) .219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 201 1) (15 U.S.C. 657 f).

_ (22) .219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2)).

_ (23) 5 .2 I 9-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concern (Dec 2015) (15 U.S.C. 637(m)) .

. 219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- wned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 5 .222-3, Convict Labor (June 2003) (E.O. 11755).

_ (26) 5 .222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 5 .222-21 , Prohibition of Segregated Facilities (Apr 2015).

_ (28)(i 52.222-26, Equal Opportunity (Sept 20 I 6) (E.O. 11246).

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

_ (29)(i 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 42 12).

_ (ii) Al ernate 1 (July 2014) of 52.222-35.

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

_ (ii) Al ernate I (July 2014) of52.222-36.

_ (31) 5 .222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52 222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 2.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_ (ii) Al mate I (Mar 2015) of52.2!22-50 (22 U.S.C. chapter 78 and E.O. 13627).

15B31521Q00000022 Page 14 of 35

_ (34 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of comm rcially 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)( i)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_ (ii) ltemate 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-she f items.)

_ (36) 2.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (37) 2.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 201 6) (E.O.

13693).

_ (38) ) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) ltemate I (Oct 2015) of 52.223-13.

_ (39)() 52.223-14, Acquisition ofEPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 135 14).

_ ( ii) temate I (Jun 2014) of52.223-14.

2.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_ (41)( 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 135 14).

_ (ii) A temate I (Jun 2014) of 52.223-16.

X (42) 5 .223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 135 13).

_ (43) .223-20, Aerosols (Jun 2016) (E.O. 13693).

X (44) 5 .223-21, Foams (Jun 2016) (E.O. 13693).

_ ( 45)(i 52.224-3, Privacy Training (Jan 20 17) (5 U .S.C. 552a).

_ (ii) A ernate I (Jan 2017) of 52.224-3.

_ ( 46) 5 .225-1, Buy American--Supplies (May 2014) ( 41 U.S.C. chapter 83).

_ (47)(i 52.225-3, Buy American--Free Trade Agreements--Tsraeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 .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 11 2-43.

_ (ii) Al ernate I (May 20 14) of52.225-3.

_ (iii) A ternate II (May 2014) of 52.225-3.

_ (iv) A emate III (May 2014) of52.225-3.

_ (48) 5 .225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X ( 49) 52 225-1 3, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of oreign Assets Control of the Department of the Treasury).

_ (50) 5 .225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the Na onal Defense Authorization Act for Fiscal Year 2008; JO U.S.C. 2302 Note).

X (51) 52 226-4, otice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

15831521Q00000022 Page 15 of35

2.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).

2.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(t)).

2.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(t)).

X (55) 2.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

_ (56) 2.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (3 1 U.S.C. 3332).

_ (57) 2.232-36, Payment by Thi~d Party (May 2014) (31 U.S.C. 3332).

_ (58) 2.239-1 , Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (59) 2.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(l3)).

_ (60)( 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C. 2 31).

_ (ii) A ternate I (Apr 2003) of 52.147-64.

_ (iii) lternate II (Feb 2006) of 52.247-64.

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

[ Contrac ing Officer check as appropriate.]

_ (1) 52 222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52. 22-41, 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 Contract ) (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 o 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- Require ents (May 2014) (41 U.S.C. chapter 67).

22-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

22-62, Paid Sick Leave Under Executive Order 13706 (Jan 201 7) (E.O. 13706).

X (10) 5 226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comp oller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awar ed 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 C mptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to e amine any of the Contractdr•s directly pertinent records involving transactions related to this contract.

15831521Q00000022 Page 16 of 35

(2) The ontractor shall make available at its offices at all reasonable times the records materials and other evidence for examination audit, o reproduction, until 3 years after final payment under this contract or for any shorter peridd specified in FAR subpart 4. 7, ' Contrac or Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating o the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appea s under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made availabl until such appeals, litigation, or claims are finally resolved.

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

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

( i) 52.20 -13, Contractor Code ofBusiness Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.2 3-19, 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 provisio sin subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.2 4-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered ntities (Jul 2018) (Section 1634 of Pub. L. 115-9 1).

(iv) 52.2 4-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (S ction 889(a)( I )(A) of Pub. L. 115-232).

(v) 52.21 -8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontr cting opportunities. If the subcontract ( except subcontracts to small business concerns) exceeds $700,000 ($ 1.5 million for cons ction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppo

2-1 7, Nondisplacement of Qualified Workers (May 201 4) (E.O. 13495). Flow down required in accordance with paragraph clause 52.222-17.

(vii) 52.2 2-21, Prohibition of Segregated Facilities (Apr 2015)

(viii) 52. 22-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ix) 52.2 2-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.22 -36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.2 2-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xii) 52.2 2-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496). Flow down required i accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52. 22-41 , Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)_( ) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O I 3627).

_ (B) Alt mate I (Mar 2015) of52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xv) 52.2 2-51, 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).

(xvi) 52. 2-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements

(May 201 ) (41 U.S.C. chapter 67).

(xvii) 5 .222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xix) 52 222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 5 .222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)(A) 2.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alte ate I (Jan 2017) of 52.224-3.

15B31521 Q00000022 Page 17 of 35

{xxi) 52. 25-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the N tional Defense Authorization Act for Fiscal Year 2008; IO U.S.C. 2302 Note).

(xxii) 52 226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accorda ce with paragraph (e) of FAR clause 52.226-6.

(xxiii) 5 .247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C.

2631 ). F ow down required in accordance with paragraph ( d) of FAR clause 52.247-64.

not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessa to satisfy its contractual obligations.

(End of lause)

15B31521 Q00000022 Page 18 of 35

Secti n 4 - List of Attachments

This Section Is Intentionally Left Blank

15831521Q00000022 Page 19 of 35

Secti n 5 - Sol icitation Provisions

52.212 I Instructions to Offerors-Commercial Items Jun 2020

(a) Nor h American Industry Classification System (NAJCS) code and small business size standard. The NAICS code(s) and small busines size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a conce which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employ es.

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

(I) The olicitation number;

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

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

(4) Ate hnical description of the items being offered in sufficient detail to evaluate compliance…

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