H92257-22-Q-CV01_RFQ_Edit_1.pdf

This is a Request for Quote (RFQ). This is NOT an order. This document is not legally binding and does not commit the US Government in anyway.

1. All completed quotes must be submitted via email to GySgt Christian O. Villalba at christian.o.villalba.mil@socom.mil All quotes are due to the responsible Contracting Officer no later than 26

January 2022 @ 10:00 a.m EST. Quotes will not be accepted past the aforementioned date & time specified. This

RFQ is set aside for small businesses.

2. Any questions concerning this request for quote (RFQ) must be forwarded in written form via email to christian.o.villalba.mil@socom.mil no later than January 19, 2022 @ 10:00 a.m EST. Questions will not be accepted past the aforementioned date & time specified and telephone inquiries will not be accepted.

3. The U.S. Government intends to award a Firm Fixed Price purchase order to the successful Quoter of this RFQ.

Award will be made to the responsible vendor whose quote conforming to the RFQ will be most advantageous to the

Government, price and other factors considered as follow:

a. All quotes shall be evaluated on the ability to meet required specifications, delivery, and price. A quote that is so lacking in information, that a proper evaluation would require elaborate explanation, may be deemed unacceptable.

b. Quotes must confirm that the quoted items and/or services are in accordance with the specifications/statement of work (SOW) as outlined within this RFQ.

c. The vendor shall submit a quotation that includes all prices for the listed items/services and the delivery dates for each item/service.

4. To be eligible for award under this RFQ, contractors must respond to this RFQ by the closing date and time as referenced above. Failure to submit the required information may result in your quotation being considered non-responsive. In addition, Vendors must be registered within SAM.gov. All contracts will be paid by EFT only.

5. The vendor shall provide their information as follow:

********** PLEASE PROVIDE THE FOLLOWING INFORMATION **********

COMPANY NAME AND ADDRESS: __________________________________

COMPANY POINT OF CONTACT: __________________________________

COMPANY TELEPHONE: __________________________________

COMPANY FACSIMILE: __________________________________

POINT OF CONTACT EMAIL: __________________________________

CAGE CODE Number: __________________________________

CAGE CODE Number: __________________________________

DUNS NUMBER: __________________________________

TAX ID NUMBER: _______________________________

Please indicate the following:

a) Are you quoting from a GSA contract? __________ YES__________NO

GSA Contract No. (If Applicable): ____________________________________________

GSA Contract Expiration Date: ____________________________________________

b) Quoted Items are Brand Name _______ OR Equal _______ mailto:christian.o.villalba.mil@socom.mil

c) Prompt Payment Terms/Discount Terms: ____________________________________________

d) Proposed delivery time (days):____________________________________________

e) Estimated total weight of order: ____________________________________________

AUTHORITY OF GOVERNMENT PERSONNEL

Notwithstanding any provision to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation. Any amendment to this solicitation, in order to be effective, shall be issued by the Contracting Officer.

MINIMUM GOVERNMENT REQUIREMENTS

The referenced brand names are not intended to be restrictive, but represent the minimum requirements of the government. It is the quoter’s responsibility to furnish sufficient information to the government to determine acceptability of the quoted "equal" items. For each equal product, the quote must include a description reflecting the characteristics and level of quality that will satisfy the salient physical, functional, or performance characteristics of

“equal” products specified in the RFQ. The quote must also clearly identify the item by brand name (if any), and make/model number. In addition, the proposal must include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer, and clearly describe any modifications the Quoter plans to make in a product to make it conform to the RFQ’s requirements. It is the Governments intent to award one aggregate award but reserves the right to make multiple awards.

********** THE US GOVERNMENT IS TAX EXEMPT **********

Provide a quote for the following:

Item # Description Quantity Unit of

Issue Unit Cost Total Cost

TENT RENTAL ( SEE STATEMENT OF

WORK)

2 EA

Note

The quotes will be evaluated on an all-or-none basis.

FOB: Destination (Shipping cost shall be inclusive with quoted items. Do not separate shipping cost as an additional line item)

Location: Fort AP Hill, VA

Requested Delivery Date (s):

1. The Contractor shall provide set-up on February 12, 2022 and take down March 4, 2022

2. The Contractor shall provide, set-up on April 30, 2022 and take down May 20, 2022

Quotes shall be valid for 30 calendar days after the close of this solicitation.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR/DFARS: https://www.acquisition.gov/content/regulations

(End of Provision)

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

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

52.509-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

52.212-3 Offeror Representations And Certifications--Commercial Items (Jan 2017) Alternate I (Oct 2014)

52.219-1 Alt I Small Business Program Representations (Basic & Alternate I) (Sep 2015)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--

Representation and Certifications (Aug 2018)

252.203-7005 Representation Relating To Compensation Of Former Dod Officials (Nov 2011)

252.204-7007 Alternate A, Annual Representations and Certifications (Jun 2019)

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (Oct 2016)

PROVISIONS INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ___] is, [ ___] is not an inverted domestic corporation; and (2) It [ ___] is, [ ___] is not a subsidiary of an inverted domestic corporation.

(End of provision)

ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

Quote Preparation and Submission Instructions (1) All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is January 19, 2022 @ 10:00 a.m EST. Responses will be provided via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Offeror shall be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be submitted via email to: christian.o.villalba.mil@socom.mil (2) Quotes must be received no later than 26 January 2022 @ 10:00 a.m

EST. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and will be the most advantageous to the Government. The prospective offeror must be registered with the System for

Award Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes. All quotes must be submitted via email, no other form of submission will be accepted. Quotes shall be emailed to:

christian.o.villalba.mil@socom.mil

Offerors must provide the following information in their quote: DUNS #, CAGE CODE #, and TIN #

For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 10 MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping.

All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt.

(3) Comprehensive responses to the requirements of this RFQ are required to enable the Government to evaluate the

Offeror’s understanding of, capability and approaches to accomplish the stated requirements. Quotes shall be submitted per the instructions herein, and non-conformance with the specified required content may be cause for rejection of the quote. The quote shall provide comprehensive responses to the areas provided for in this section.

The quote shall be a complete response to Attachment 1 – Statement of Work and the requirements of this RFQ, taking into consideration required quantities and delivery schedules specified in this solicitation. The successful

Offeror will be selected based on an evaluation of quotes as outlined in FAR 52.212-2, incorporated below.

(4) Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale in their quote.

Quote Format and Content. Electronic quotes shall contain separate files for each of the (4) volumes. Individual emails shall not exceed 10 MB. The quote page format will be 8 1/2” x 11” except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”. A page is defined as one face of a sheet of paper containing information. Type shall not be less than 10 pitch. Elaborate formats or color presentations are not desired or required. Failure to provide all required documents may render the quote unacceptable. Quote submission requirements are the following: The evaluation will consist of a review of the Qualifying Criteria and the Factors outlined below. The Government intends to award a single award as a result of this solicitation.

Proposals shall not contain classified information.

Qualifying Criteria (Volume I): All listed qualifying criteria submissions will be evaluated on a pass or fail basis.

The qualifying criteria shall be submitted in accordance with the instructions contained in this solicitation.

Complete business address of the Offeror, the corporate name to be used on any resultant contract, and the remittance address if different from that above. If this name does not identify a "parent company" or sponsoring

"corporation" name, also provide such identity, as appropriate.

The Offeror’s Commercial and Government Entity (CAGE) Code and Dun & Bradstreet (DUNs) Number.

Name, telephone numbers and e-mail address of person(s) to be contacted for clarification or questions to the quote.

Fill-In Clauses: provide all fill-ins or certifications required by the solicitation, for inclusion in any resulting contract. Terms and Conditions: The Offeror must include a statement that it either (a) agrees to the terms and conditions of this solicitation (which consists of the entire RFQ, including all documents, exhibits, and other attachments that are incorporated therein by reference and made a part thereof) and any solicitation amendments; or

(b) takes exceptions to any terms or conditions of the solicitation, and clearly identifies those exceptions. Exceptions to any of the terms and conditions of this RFQ may be considered by the Government to be unacceptable. Specific

Quote validity period (required minimum is 45-days).

Factor I Technical (Volume II): This volume shall be prepared IAW the evaluation criteria below, Evaluation

Factors for Award. Quotes shall address the Offeror’s technical capabilities to accomplish the work by providing specific narrative details and/ or description of actual methods, processes and procedures for providing the services described in Attachment 1 – Statement of Work. General statements that the Offeror understands the requirement and shall comply with the requirements of the RFQ will be considered inadequate. Offerors are cautioned not to rephrase or restate the Government’s requirements in the quote, but furnish convincing narratives describing “how” they intend to meet these requirements. The Offeror shall limit the Technical Volume to 10 pages (individual resumes shall be limited to 3 pages, and resumes do not count towards page limit). Two (2) copies of Volume II are required, a complete - Company specific copy, and a ‘redacted’ copy. THE REDACTED COPY OF VOLUME II

MUST REMOVE ALL COMPANY SPECIFIC LOGOS, OR NAMES THAT SPECIFICALLY TIE THE

VOLUME TO A COMPANY. This volume shall include:

a. Sub Factor 1: Personnel Qualifications – The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties and personnel shall possess appropriate clearance in accordance with Statement of Work. (resumes do not count towards 10 page limit)

b. Sub factor 2: Technical Capability – Offerors shall provide a detailed quote response that shows it meets the statement of work for this requirement. This includes but is not limited to syllabus, vendor facility information, background checks, resumes, adherence to PoP, instructor experience, etc.

Factor II Past Performance. (Volume III): Offerors should provide at least two (2) prior or current contracts/agreements for similar scoped projects performed during the previous three (3) years. The submitting offeror should submit relevant and recent past performance similar in scope and magnitude in this combined synopsis/solicitation. Include contract/agreement number, period of performance, reference name, reference telephone number, reference e-mail, and contract/agreement information. The Government will evaluate each offeror’s past performance on the basis of the references provided during the past three years previous (recent) and the relevance to the work that will be required under the resultant contract. Vendor format is acceptable. The Past

Performance (Volume III) shall be limited to 10 pages.

Recent and Relevant Contracts. Recent is defined as an action within the past three (3) years. Relevancy will be determined based on contract references reflecting past and present performance over the past three (3) years which is relevant to scope and magnitude of the requirement contain in this synopsis/solicitation, and attached SOW.

Factor III Price (Volume IV): The Offeror shall provide a volume that contains the price for each CLIN. The Price

(Volume IV) is limited to 5 pages.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

FACTOR 1 – Technical Capability: The offeror’s quote will be evaluated to determine whether it can meet the technical requirements of the SOW. The Government will evaluate the offeror’s Volume II to ensure the proposed approach, processes, and methodologies that will be employed in fulfilling the requirements of this solicitation will support the full range of requirements. Reference SOW.

FACTOR 2 - Past Performance: The Government will evaluate Past Performance based on the submission required in the Addendum to 52.212-1 identified above. In evaluating Past Performance, the Government will consider the relevancy of the past performance to the requirements contained in the SOW, the risk to successful performance, and the Government’s confidence in the Offeror’s ability to successfully perform the solicited requirements. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

FACTOR 3 - Price: The offeror’s quoted price will be evaluated per FAR 13.106-3(a) by applying a standardized notional set of quantities per year across the life of the contract. To arrive at an overall evaluated price, each offeror’s proposed/corresponding prices will be applied against the standardized/notional set of quantities. Offerors responding to this solicitation are advised that, prior to award, the Government may request offerors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

Note – Vendor must ensure this document is reviewed in its entirety. Failure to provide all required documents to included signed provisions, may determine your quote technically unacceptable.

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

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/these address(es):

FAR/DFARS: https://www.acquisition.gov/content/regulations

(End of Clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

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

52.232-23 Assignment Of Claims (May 2014)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

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

52.233-1 Disputes (May 2014)

52.233-3 Protest After Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Alternate III Changes-Fixed Price (Apr 1984)

52.247-34 F.O.B. Destination (Nov 1991)

52.253-1 Computer Generated Forms (Jan 1991)

252.203-7000 Requirements Relating To Compensation Of Former Dod Officials (Sep 2011)

252.203-7002 Requirement To Inform Employees Of Whistleblower Rights (Sep 2013)

252.204-7003 Control Of Government Personnel Work Product (Apr 1992)

252.204-7009 Limitations On The Use Or Disclosure Of Third-Party Contractor Reported Cyber Incident

Information (Oct 2016)

252.204-7012 Safeguarding Covered Defense Information And Cyber Incident Reporting (Oct 2016)

252.223-7006 Prohibition On Storage, Treatment, And Disposal Of Toxic Or Hazardous Materials— Basic (Sep

2014)

252.225-7012 Preference For Certain Domestic Commodities (Dec 2017)

252.232-7003 Electronic Submission Of Payment Requests And Receiving Reports (Dec 2018)

252.232-7010 Levies On Contract Payments (Dec 2006)

252.243-7001 Pricing Of Contract Modifications (Dec 1991)

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

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

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

___ (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).

___ (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 (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15

U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

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

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

13496).

____ (35)(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).

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

22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

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

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

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

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

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

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

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

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

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

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

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL

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

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

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

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (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).

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(vi) 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.

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

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xii) 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.

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

(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 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.)

(xvi) 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)

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

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

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(xxi) 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).

(xxii) 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.

(xxiii) 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)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Supplement (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

252.203-7995 (Dev) Prohibition On Contracting With Entities That Require Certain Internal Confidentiality

Agreements (Nov 2016)

252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal Violation under any Federal or

State Law (Mar 2012)

252.209-7999 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Jan 2012)

(End of Clause)