HQ072720R0004.pdf

SEE ADDENDUM

( No Col lect Cal ls )

HQ072720R0004 21-May-2020

b. TELEPHONE NUMBER

916-999-2695

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 28 May 2020

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. THIS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HQ07279. ISSUED BY

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

7. FOR SOLICITATION

INFORM ATION CALL:

a. NAM E

NICHOLAS ROBERTS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRI NT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLI CI TATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRI CTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILI TY

OFFEROR CODE

DEFENSE MICROELECTRONICS ACTIVITY (HQ)

DMEA/ MEE 4234 54TH STREET

MCCLELLAN CA 95652

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATI NG

CODE15. DELI VER TO CODE 16. ADMI NI STERED BY

SEE SCHEDULE

12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVI CE-DISABLED

VETERAN-OWNED

SMALL BUSI NESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAI CS:

334516

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFI CE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOM EN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOM EN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF22

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTI TY IN COLUMN 21 HAS BEEN

RECEI VED I NSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE

37. CHECK NUMBER

FI NALPARTI ALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/ MM/ DD) 42d. TOTAL CONTAI NERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HQ072720R0004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Unit LAM TCP 9600 Metal Etch System

FFP

KTR will provide one (1) LAM TCP 9600 Metal Etch System IAW PWS 20-0G0 dated 13 May 2020.

FOB: Destination

PSC CD: 7010

NET AMT

0002 1 Unit Pump package

FFP

KTR will provide one (1) Pump package IAW PWS 20-0G0 dated 13 May 2020.

0003 1 Unit Spare Parts Kit

FFP

KTR will provide one (1) spare parts kit IAW PWS 20-0G0 dated 13 May 2020.

0005 1 Unit Delivery

FFP

KTR will provide delivery IAW PWS 20-0G0 dated 13 May 2020.

PSC CD: 7010

Section C - Descriptions and Specifications

PWS 20-0G0

STATEMENT OF WORK (SOW)

DMEA 20-0G0

13 May 2020

Project Engineer: Benjamin Wang, DMEA/MEFC, (916) 999-2922 Contract Officer Representative: Monica Lehmann, DMEA/MEFC, (916) 999-2713

1.0 SCOPE:

1.1 TITLE: LAM TCP 9600 Metal Etcher System

1.2 PURPOSE: Purchase of LAM TCP 9600 Metal Etch System for advanced metal etch capability for both existing foundry products as well as enabling more advanced technology nodes.

2.0 REFERENCED GOVERNMENT PROVIDED RESOURCES:

2.1 GOVERNMENT DOCUMENTS:

Document No. Date Title eB 100714 Latest ARMS Cleanroom Protocol

2.2 GOVERNMENT FURNISHED EQUIPMENT:

None.

2.3 GOVERNMENT FURNISHED FACILITIES/ACCESS:

Facility/Access Date DMEA 4234 54th Street, McClellan, CA 95652-2100 Upon installation

3.0 REQUIREMENTS:

3.1 GENERAL REQUIREMENTS:

a. Include all items (e.g. hardware, software, and other documentations) as listed in the tool purchase package

b. User Manuals (softcopy and/or hardcopy)

c. Provide full system installation including connection to system facilities and hardware validation with marathon run.

d. Correct or fix any hardware or software problems encountered during initial installation and testing

e. Be operational and functional in accordance to tool vendor specifications

f. Provide DMEA with User Licenses and License Agreement

g. Provide DMEA personnel with training (including but not limited to operational, routine maintenance, upkeep, and other pertinent functions) to effectively use the tool

h. Provide DMEA with tool warranty and support clause

i. The contractor shall verify that only genuine hardware and software shall be provided with no non-OEM or counterfeit items substituted. A written guarantee and corresponding paperwork shall be provided to DMEA at contract award. The contractor shall provide full service support, upgrades, replacement guarantees, a valid software license and full warranty.

3.2 PROGRAM MANAGEMENT: None

3.3 TASK REQUIREMENTS:

3.3.1 TOOL REQUIREMENT: The tool shall be capable of performing dry etch on various metals including but not limited to aluminum, aluminum alloys containing silicon and/or copper, titanium, titanium nitride, titanium tungsten, and tungsten.

a. The tool shall be capable of etching aluminum at a rate of at least 8000 Å/min.

b. The tool shall achieve an aluminum etching uniformity within 7% max-min/(2*mean).

c. The tool shall be capable of etching feature sizes > 0.25µm.

d. The tool shall etch the specified films with no metal bridging residue.

e. The tool shall be able to run > 125 RF hours between chamber wet cleans.

f. The tool shall have a mechanical particle density no more than 0.13D/cm² @ >0.2µm size.

g. The tool shall have a RF on oxide wafer particle density no more than 0.2 D/cm² @ 0.2µm size.

h. The tool shall have dual RF plasma capability for high density plasma etch with bias control.

i. The tool shall include an integrated photoresist strip chamber and H2O spin rinse dryer to control post etch corrosion for ≥ 72 hours.

j. The tool shall be installable bay/chase style occupying a wall width of no more than 54 inches wide and service space requirements not to exceed 36 inches from each side.

3.4 PROGRAM SUMMARY: None

4.0 POINTS OF CONTACT:

DMEA/ MEFC/ PE:

Benjamin Wang Address: 4234 54th Street McClellan, CA 95652-2100 Voice: (916) 999-2922 E-Mail: benjamin.c.wang.civ@mail.mil

DMEA/ MEFC/ COR:

Monica Lehmann Address: 4234 54th Street McClellan, CA 95652-2100 Voice: (916) 999-2713 E-Mail: monica.k.lehmann.civ@mail.mil

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0005 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) Submittal Instructions (DMEA #S16-012)

a. The Invoicing, Receipt, Acceptance and Property Transfer (iRAPT) system via Wide Area Workflow (WAWF) is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

b. To access iRAPT, the Contractor shall—

i) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

ii) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

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

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

e. The Contractor shall submit Item Unique Identification IUID data “as part of the Material Inspection and Receiving Report” (as required by DFARS 252.211-7003) on delivered end items during the acceptance process.

Access iRAPT via WAWF at https://wawf.eb.mil//

Table 1 - Vendors shall select “Send More Email Notifications” in iRAPT to:

Government Points of Contact Email address Contracting Officer Representative (COR)/Project Engineer/Manager and or Technician

(buyer fill-in)

Contract Specialist or Contracting Officer (buyer fill-in) iRAPT Administrator iRAPT@dmea.osd.mil WAWF MailBox contractingWAWF@dmea.osd.mil List any additional notifications (if needed) (or delete Row) (buyer fill-in or delete Row)

(1) Definitions:

Acceptor: Contracting Officer’s Representative/Project Engineer/Program/Project Manager, or other government acceptance official.

Pay Official: DFAS payment - HQ0748

SHIP To/Service Acceptor DoDAAC: - HQ0727

(2) iRAPT Contractor Input Information. The contractor shall input the selected Document Type creating electronic payment requests in iRAPT: (Buyer - selects one of the following and deletes this instruction)

____ “Invoice” ____ “2-in-1 Invoice” (Services Only) ____ “Receiving Report” ____ “Invoice and Receiving Report” (Combo) for Materials and or Services ____ “Cost Voucher” (FAR 52.216-7, 52.216-13, 52.216-14, 52.232-7)

Table 2 - For iRAPT Routing Information based on Contract Type Description SF 26 SF 33 SF 1442 SF 1449 DD 1155 Located In Block /Section Contract Number Delivery Order

See Individual Order

See Individual Order

N/A

CAGE Code 7 15a 14 17a 9 Pay DoDAAC 12 HQ0748 25 HQ0748 27 HQ0748 18a HQ0748 15 HQ0748 Inspection/Accept ance

Section E or INSPECTION AND ACCEPTANCE

Issue Date 3 5 3 3 3 Issue by DoDAAC

5 HQ0727 7 HQ0727 7 HQ0727 9 HQ0727 6 HQ0727

Admin DoDAAC 6 HQ0727 24 HQ0727 26 HQ0727 16 HQ0727 7 HQ0727 Ship To/Service Acceptor DoDAAC

6 HQ0727 24 HQ0727 26 HQ0727 16 HQ0727 7 HQ0727

Ship to Extension Do Not Fill In Services or Supplies

Based on majority of requirement as determined by monetary value

Final Invoice? Do not change “N” (no) to “Y” (yes) unless this is the last invoice and the contract is ready for closeout

COR/Project Engineer

The point of contact for the ship to address in Section F – Delivery Information

(3) Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo):

When submitting the final invoice for payment for a contract, select the “Y” selection from the “Final Invoice?”

drop-down box.

Upon successful submission of the invoice, click on the Send More Email Notifications link to send to email addresses listed in Table 1 above.

(4) Defense Finance and Accounting Service (DFAS) information may be accessed using the DFAS website at http://www.dfas.mil/. Payment status information may be accessed using the myInvoice system in WAWF (myInvoice system requires registration in the WAWF system) or by calling the DFAS Columbus helpdesk at 800- 756-4571(Select Option 2, then Option 2 again). The contract number and shipment/invoice number will be required to check payment status.

Section H - Special Contract Requirements

Cleanup (DMEA #S16-001)

The Contractor shall at all times keep the work area, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. The contractor shall not use the DMEA dumpster. DMEA will provide a small staging area in the center lot for a contractor dumpster, if requested by the Contractor.

Safety (DMEA #S16-002)

(a) The Contractor shall provide and maintain work environments and procedures which will –

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes, the Contractor shall –

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

Temporary Badging Request Process (DMEA #S16-009)

The DMEA facility is access controlled and all personnel are required to have a minimum background check in advance of coming to the site in order to have unescorted access. There are several circumstances and variances that surround this background check.

(1) The DMEA sponsor will submit a Temporary Badge Request prior to the arrival of the visitor. Information required:

i. Contractor’s name;

ii. Company name;

iii. Contractor’s contact number;

iv. Acknowledge individual is a U.S. Citizen

(a) All access required should be identified by the sponsor in the Temporary Badge Request.

(b) Any change to access requires coordination through the security team via an email from the DMEA sponsor.

(2) Once the Temporary Badge Request has been submitted, the DMEA sponsor shall contact security to schedule a DMEA localized live scan background check (finger print) appointment. At the appointment, the individual will complete a DMEA Form 100 (Release From for National Crime Information Center (Live Scan) and Terrorism Screening Database Background Checks) and prove citizenship.

(a) Proof required/U.S. Citizen Mandatory: U.S. Passport (current or expired); OR Birth Certificate

(certified, no photocopies) AND Valid Driver’s License; OR Certificate of Naturalization. This proof is required at the time of the appointment and no exceptions will be made.

(3) The visitor shall be issued a badge each day while on site and shall return their badge to DMEA security personnel at the end of the day or when leaving the site.

(4) Any visitor personnel showing up at DMEA without a pre-arranged badge request and background check will not be allowed onto the DMEA facility.

Live Scan Finger Printing Appointments:

Monday through Friday 0730-1330 and 1430-1530 No appointments on Federal Holidays

DMEA Hours of Operation (DMEA #S16-010)

Work shall be accomplished during DMEA’s normal business hours are Monday – Friday, 0600-1600 hours except Federal holidays, including:

(a) New Year’s Day - 1 January

(b) Martin Luther King Day - 3rd Monday in January

(c) Washington’s Birthday - 3rd Monday in February

(d) Memorial Day - last Monday in May

(e) Independence Day - 4 July

(f) Labor Day – 1st Monday in September

(g) Columbus Day – 2nd Monday in October

(h) Veteran’s Day – 11 November

(i) Thanksgiving Day – 4th Thursday in November

(j) Christmas Day – 25 December

Note: If these holidays fall on Saturday, the preceding Friday will be observed, if these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a regular workday, the services shall be rescheduled in the same week to either the day preceding or following the holiday.

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-3 Offeror Representations and Certifications--Commercial

Items

MAR 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions

JUN 2012

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.)

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

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 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).

X (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]

____ (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)).

X (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)).

X (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)).

____ (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).

X (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).

X (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.

X (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).

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

____ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (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).

X (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) X (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.

(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)

Section K - Representations, Certifications and Other Statements of Offerors

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

Section L - Instructions, Conditions and Notices to Bidders

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015