M00318-20-Q-0010.docx

M0031821Q0010

Section SF 1449 - CONTINUATION SHEET

Routine Preventive Maintenance

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) of three Wash Racks and one Abrasive Blast Booth as listed in paragraph 1.1 of the Performance Work Statement (PWS). Provide PMCS in accordance with paragraphs 1.2.1.1, 1.2.3 and 1.2.4

NET AMT

0001AA

Routine Preventive Maintenance

WASH RACK at 3rd Marine Regiment - near Bldg 6030 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

FOB: Destination

PSC CD: J035

NET AMT

0001AB

Routine Preventive Maintenance

WASH RACK at CLB-3 - Bldg 3015 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

0001AC

Routine Preventive Maintenance

WASH RACK at Corrosion Repair Facility - near Bldg 3016 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.4 of the Performance Work Statement (PWS).

NET AMT

0001AD

Routine Preventive Maintenance

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.1 of the Performance Work Statement (PWS).

NET AMT

Annual Maintenance Checks & Services

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.2 of the Performance Work Statement (PWS).

NET AMT

Corrective Repairs

Additional Repairs & Maintenance Identify system failures and/or additional repairs needed outside of routine preventive maintenance checks & services in accordance with paragraph 1.2.5 and it's subparagraphs of the Performance Work Statement (PWS).

NET AMT

Perform Monthly Preventive Maintenance Check and Services (PMCS) of three Wash Racks and one Abrasive Blast Booth as listed in paragraph 1.1 of the Performance Work Statement (PWS). Provide PMCS in accordance with paragraphs 1.2.1.1, 1.2.3 and 1.2.4

NET AMT

1001AA

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

1001AB

FFP

WASH RACK at CLB-3 - Bldg 3015 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

1001AC

FFP

WASH RACK at Corrosion Repair Facility - near Bldg 3016 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.4 of the Performance Work Statement (PWS).

NET AMT

1001AD

FFP

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.1 of the Performance Work Statement (PWS).

NET AMT

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.2 of the Performance Work Statement (PWS).

NET AMT

FFP

Identify system failures and/or additional repairs needed outside of routine preventive maintenance checks & services in accordance with paragraph 1.2.5 and it's subparagraphs of the Performance Work Statement (PWS).

NET AMT

Perform Monthly Preventive Maintenance Check and Services (PMCS) of three Wash Racks and one Abrasive Blast Booth as listed in paragraph 1.1 of the Performance Work Statement (PWS). Provide PMCS in accordance with paragraphs 1.2.1.1, 1.2.3 and 1.2.4

NET AMT

2001AA

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

2001AB

FFP

WASH RACK at CLB-3 - Bldg 3015 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

2001AC

FFP

WASH RACK at Corrosion Repair Facility - near Bldg 3016 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.4 of the Performance Work Statement (PWS).

NET AMT

2001AD

FFP

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.1 of the Performance Work Statement (PWS).

NET AMT

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.2 of the Performance Work Statement (PWS).

NET AMT

FFP

Identify system failures and/or additional repairs needed outside of routine preventive maintenance checks & services in accordance with paragraph 1.2.5 and it's subparagraphs of the Performance Work Statement (PWS).

NET AMT

Perform Monthly Preventive Maintenance Check and Services (PMCS) of three Wash Racks and one Abrasive Blast Booth as listed in paragraph 1.1 of the Performance Work Statement (PWS). Provide PMCS in accordance with paragraphs 1.2.1.1, 1.2.3 and 1.2.4

NET AMT

3001AA

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

3001AB

FFP

WASH RACK at CLB-3 - Bldg 3015 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

3001AC

FFP

WASH RACK at Corrosion Repair Facility - near Bldg 3016 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.4 of the Performance Work Statement (PWS).

NET AMT

3001AD

FFP

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.1 of the Performance Work Statement (PWS).

NET AMT

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.2 of the Performance Work Statement (PWS).

NET AMT

FFP

Identify system failures and/or additional repairs needed outside of routine preventive maintenance checks & services in accordance with paragraph 1.2.5 and it's subparagraphs of the Performance Work Statement (PWS).

NET AMT

Perform Monthly Preventive Maintenance Check and Services (PMCS) of three Wash Racks and one Abrasive Blast Booth as listed in paragraph 1.1 of the Performance Work Statement (PWS). Provide PMCS in accordance with paragraphs 1.2.1.1, 1.2.3 and 1.2.4

NET AMT

4001AA

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

4001AB

FFP

WASH RACK at CLB-3 - Bldg 3015 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.3 of the Performance Work Statement (PWS).

NET AMT

4001AC

FFP

WASH RACK at Corrosion Repair Facility - near Bldg 3016 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.4 of the Performance Work Statement (PWS).

NET AMT

4001AD

FFP

BLAST BOOTH at Corrosion Repair Facility - Bldg 6697 Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.1 of the Performance Work Statement (PWS).

NET AMT

FFP

Perform Monthly Preventive Maintenance Check and Services (PMCS) in accordance with paragraph 1.2.1.2 of the Performance Work Statement (PWS).

NET AMT

FFP

Identify system failures and/or additional repairs needed outside of routine preventive maintenance checks & services in accordance with paragraph 1.2.5 and it's subparagraphs of the Performance Work Statement (PWS).

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2022

COORDINATE SERVICES W/ BILL ATWATER

MARINE CORPS BASE

KANEOHE BAY HI 96863-3063

(808) 257-1930

M00318

31-MAR-2022

M00318

31-MAR-2022

M00318

31-MAR-2022

M00318

31-MAR-2022

M00318

31-MAR-2022

M00318

31-MAR-2023

COORDINATE SERVICES W/ BILL ATWATER

MARINE CORPS BASE

KANEOHE BAY HI 96863-3063

(808) 257-1930

M00318

31-MAR-2023

M00318

31-MAR-2023

M00318

31-MAR-2023

M00318

31-MAR-2023

M00318

31-MAR-2023

M00318

31-MAR-2024

COORDINATE SERVICES W/ BILL ATWATER

MARINE CORPS BASE

KANEOHE BAY HI 96863-3063

(808) 257-1930

M00318

31-MAR-2024

M00318

31-MAR-2024

M00318

31-MAR-2024

M00318

31-MAR-2024

M00318

31-MAR-2024

M00318

31-MAR-2025

COORDINATE SERVICES W/ BILL ATWATER

MARINE CORPS BASE

KANEOHE BAY HI 96863-3063

(808) 257-1930

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2025

M00318

31-MAR-2026

COORDINATE SERVICES W/ BILL ATWATER

MARINE CORPS BASE

KANEOHE BAY HI 96863-3063

(808) 257-1930

M00318

31-MAR-2026

M00318

31-MAR-2026

M00318

31-MAR-2026

M00318

31-MAR-2026

M00318

31-MAR-2026

M00318

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO 52.212-1

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR PROVISION 52.212-1

INSTRUCTIONS TO OFFERORS FOR RFQ M00318-21-Q-0010

1. Offerors shall submit only one (1) offer in response to this solicitation. Therefore, the Offeror’s submission should demonstrate the optimal capability in response to the requirements. Offers for the services to be provided shall be electronically submitted by e-mail and received at the following location by 12 March 2021, 2:00 PM HAWAII STANDARD TIME (HST),:

Commanding Officer, Marine Corps Base Hawaii Attn: Sandra Caswell Regional Contracting Office Hawaii 2nd Street, Building 209 MCBH Kaneohe Bay, HI 96863-3063

(808) 257-6830 sandra.caswell@usmc.mil

Offerors are further advised that quotes sent electronically (E-mail) are responsible to ensure that their submittals are received by the date and time specified. Offerors should verify that their quotes are received prior to the date and time specified.

All questions shall be submitted, in writing via e-mail, to Sandra Caswell at sandra.caswell@usmc.mil by 2:00 PM Hawaii Standard Time, 09 March 2021. The Government does not anticipate extending the due date for receipt of quotes, therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed.

1. Offerors shall submit the following with their quote:

1. Technical Capability Statement. Information that demonstrates the vendor’s ability to perform the services in accordance with the requirement of the Performance Work Statement within the required period of performance. Information shall be submitted in the form of a “technical write-up” limited to 2-pages, double spaced, size 12, Times New Roman Font. Product literature from offerors may supplement the technical write-up submission but is not required.

1. Completed SF1449 to include:

i. M00318-21-Q-0010 Contract Line Item Numbers (CLINs). All CLINs shall be filled out with firm-fixed price for each line item in accordance with the schedule and the requirements included in the Performance Work Statement to include unit price and total amount for each line item.

ii. Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote:

a. FAR 52.212-3, Offeror Representations and Certifications – Commercial Items. (Note, The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov

b. FAR 52.204-24, Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment

c. FAR 52.204-26, Covered Telecommunications Equipment or Services – Representation

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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:

i) Price ii) Technical iii) Past Performance

Technical and past performance, when combined, are approximately equal to cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the 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.

ADDENDUM TO 52.212-2

ADDENDUM to FAR 52.212-5, Evaluation – Commercial Items

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: Price;

Factor 2: Technical Capability Technical Subfactor 1: Technical Capability Statement Factor 3: Past Performance

Factor 1: Price

Price will be evaluated for reasonableness and completeness including all option periods. Pricing of contract line item numbers (CLINs) and total prices will be evaluated for price reasonableness in accordance with FAR 13.106-3(a).

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The Government will evaluate the Option to Extend Services under FAR 52.217-8 by adding one-half of the offeror’s final option period price to the offeror’s total price. Thus, the offeror’s total price for the purpose of evaluation will include the base period, first option, second option, third option, fourth option, and one-half of the fourth option. Offerors are required only to price the base and four options. Offerors shall not submit a price for the potential one-half year extension of services period.

Factor 2: Technical Capability

The Government’s technical evaluation team will evaluate responses to determine if they are technically acceptable or technically unacceptable (price excluded). In order to be considered technically acceptable, the response for each technical subfactor must be determined acceptable. Failure to meet the technical criteria will render the response to be technically unacceptable and will not be considered further for award.

Technical Subfactor 1: Technical Capability Statement

In order to be considered technically acceptable, the Technical Capability Statement provided by each Quoter must demonstrate a clear understanding of the service requirement by providing a practical/functional top-level technical approach that meets the needs of the performance work statement. Each Quoter must specifically demonstrate in its capability statement, the capability to perform in accordance with the PWS. NOTE: This Sub-factor is a go/no-goa and will be evaluated first. If the offeror does not rate “Acceptable,” the quotation will not be evaluated further and will not be further considered for award of the contract.

Factor 3: Past Performance

Only Offers that were determined to be technically acceptable will be evaluated for past performance. For purposes of evaluation of past performance and determination of responsibility, an assessment will primarily be conducted through Federal Awardee Performance and Integrity Information System (FAPIIS) / Past Performance Information Retrieval System (PPIRS), but may include other authorized methods described at FAR 13.106-2(b)(3)(ii). Past performance, for purposes of evaluation, will be assessed as ‘satisfactory’ or ‘unsatisfactory,’ at the discretion of the contracting officer, based on the totality of information available. A past performance determination of ‘unsatisfactory’ will exclude the offer from consideration for award.If a quoter does not have a record of relevant past performance history, the quoter will not be evaluated favorably or unfavorably for its past performance record.

c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the 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.

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(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 2020) (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 (JUN 2020), 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 (JUN 2020) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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. (JUN 2020) (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 (NOV 2020) (15 U.S.C. 644).

X (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 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 (JUN 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 (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

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

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (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).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 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).

____(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.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (OCT 2020) (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.)

X (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 (MAY 2020) (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 (JUN 2020) (E.O. 13513).

XX (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 (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) 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 (JUN 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) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(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.)

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 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).

_____ (4) 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).

_____ (5) 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).

_____ (6) 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).

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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…