M6700120Q0003_Amendment_One.pdf

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: CHRIS RABASSI

PO BOX 8368

CAMP LEJEUNE NC 28547

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment is issued to change from Unrestricted to 100% Small Business Set Aside. All other terms and conditions remain the same. See

Summary of Changes for details.

POC: Chris Rabassi

Phone: 910-451-1244

E-Mail: chris.rabassi@usmc.mil

1. CONTRACT ID CODE PAGE OF PAGES

1 13

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Oct-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M6700120Q0003

X 9B. DATED (SEE ITEM 11)

03-Oct-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Oct-2019

CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

P.O. BOX 8368 BLDG 1116

CAMP LEJEUNE NC 28547-8368

M67001 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE M67001

FACILITY CODECODE

EMAIL:TEL:

M6700120Q0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been added.

The Acquisition Set Aside has changed from No Preference / Not Listed to Small Business.

The following have been modified:

INSTRUCTIONS TO QUOTERS

This acquisition will be conducted in accordance with FAR Subpart 13.5, Simplified Procedures for Certain

Commercial Items.

The United States Marine Corps MCIEast Contracting Department intends to procure moving and storage and local move services. M6700120Q0003 is issued as a Request for Quotation (RFQ) to provide the Government these services for Marine Corps Air Station, Cherry Point, NC. The contractor shall accomplish the functions outlined in the Performance Work Statement (PWS). The RFQ documents and incorporates provisions and clauses that are in effect through Federal Acquisition Circular FAC 2019-06, effective 10 September 2019 and DFARS Change

Notice DPN 2010628 effective 28 June 2019. This solicitation is Unrestricted is 100% Set Aside for Small

Business. The associated North American Industrial Classification System (NAICS) code for this requirement is

484210. The provision at 52.212-1, Instructions to Offerors – Commercial Items applies to this acquisition. The service the contractor provides shall comply with all Federal, State, and Local regulations.

The period of performance is for a base year and three option years starting on 1 January 2020 and ending on

31 December 2023. This acquisition is expected to result in a firm-fixed price open market contract that will be awarded to the vendor who provides a quote determined to be the Best Value to the Government.

Quotes shall be received by the Contracting Department by 12:00 PM (EST) on 6 November 2019, to be considered for award. Vendor may send quotes, via e-mail, to chris.rabassi@usmc.mil, or the quotes may be mailed, shipped or faxed to (910) 451-2331. All portions of the quote, even those submitted separately via mail, fax, courier, email, or other shipment shall also be received by 12:00 PM (EST), on 6 November 2019.

Quotes sent via e-mail should be followed up with a phone call on the day of submission to confirm receipt.

This is due to network security measures that may either remove attachments, or block the e-mail entirely resulting in our office not receiving quotes.

The information submitted shall be clear and legible (Note: repetitively copied data loses its clarity and legibility).

The address for submitting quotes, via United States Postal Service (USPS) is: Contracting Department, Attn: Chris

Rabassi, PSC Box 8368, Camp Lejeune, NC 28547. If the method for submitting a quote is courier service, the delivery address is: Contracting Department, Attn: Chris Rabassi, Bldg. 1116, Birch Street, Marine Corps Base, Camp Lejeune, NC 28547-8368. The technical quote is to be submitted with vendor’s identifying information

ONLY on the cover page of the technical quote. Failure to follow this instruction may result in rejection of the quote.

All questions shall be submitted to chris.rabassi@usmc.mil via email only NLT 23 October 2019.

The Government will not accept questions after 23 October 2019, 4:30 PM, (EST).

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) “TAILORED”

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and provides the best combination of meeting the technical requirements of this solicitation and price which most advantageously represents the best value to the Government. The following factors shall be used to evaluate offers:

(a) This is an unrestricted requirement a 100% Small Business Set Aside. All businesses may provide quotes for this requirement.

(b) A vendor’s quote must be written in a logical, practical, clear, concise and logically assembled manner, containing all pertinent information in sufficient detail to provide the evaluators with a clear understanding of the vendor’s approach and to permit evaluation of the proposed program. It is the responsibility of the vendor to present enough information to allow the various work efforts, support, and management approaches to be meaningfully evaluated without discussions.

(c) The vendor’s initial quote should contain the vendor’s best terms from a price and technical standpoint.

However, the Government reserves the right to have discussions with vendors if later determined by the Contracting

Officer to be necessary. The Government may reject any or all quotations if such action is in the public interest;

accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.

Evaluation of the technical approach will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution.

(d) All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that you will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation. Proposals must be in three volumes and there is no page limit to the volumes:

Volume I: Technical Capability

Volume II: Past Performance

Volume III: Price

Font must be Times New Roman, 10 pitch.

(i) The Technical Volume shall be specific and complete. In the Technical Volume, address your proposed approach to meeting the minimum performance or capability requirements of each technical Subfactor.

(ii) Marketing presentations are not wanted and will not be evaluated. Hard and compelling evidence of capabilities is required to receive credit for evaluation factors.

(iii) Legibility, clarity, and coherence are very important.

(iv) Your responses will be evaluated against 52.212-2, Evaluation Factors.

(v) Provide as specifically as possible, the actual methodology you would use for accomplishing and satisfying the requirements.

(vi) All the requirements specified in the solicitation are mandatory. By your proposal submission, you are representing that you will perform all the requirements specified in the solicitation. It is not necessary or desirable for you to tell us so in your proposal. Do not merely reiterate the objectives or reformulate the requirements specified in the solicitation.

Technical Factor 1: Technical Capability

Technical Subfactor 1- Corporate Experience

Technical Subfactor 2- Facility

Technical Subfactor 3- Licenses and Approvals

Technical Factor 2: Past Performance

Technical Factor 3: Price

FACTOR # 1- TECHNICAL CAPABILITY

SubFactor 1: Corporate Experience. The vendor’s technical and management proposal shall consist of a narrative and supporting data that demonstrates the vendor’s experience in supporting this type of requirement and the ability to meet all technical requirements contained in this solicitation. The narrative should demonstrate the vendor’s understanding of the requirements. The quote shall show a clear understanding of the requirements and how the experience and resources of their organization can best provide the development and management personnel necessary to carry out this requirement.

SubFactor 2: Facility:

1. The Government will use the DD Form 1812 (September 1998) to conduct all warehouse inspections and potential offerors must demonstrate compliance with this form.

1. Structural Requirements: Facilities must demonstrate a construction of any modern building with material normally used and generally accepted for the construction of warehouses, transportation terminals, and structures used for similar purposes. Materials may include, but are not limited to, brick, block, concrete, and rolled sheet metal.

2. Environmental Requirements: Facilities will be constructed or equipped with adequate devices which will reasonably ensure property will not be exposed to extreme heat, cold, moisture, high humidity, or other environmental conditions which would cause damage such as mold, mildew, and cracking or separation of finished and glued surfaces.

3. Insect and rodent Control: Warehouses must have a current insect and rodent control plan and system.

Warehouses will not show evidence of insect and/or rodent infestation.

4. Fire Prevention and Protection: Warehouses will be approved and utilized in accordance with (IAW) the standards and provisions of national codes (American Insurance Association, National Fire Protection

Association, American Standards Association) unless local codes are more rigorous with respect to fire prevention and protection requirements; minimum clearance above stacks; width of aisles; accessibility to fire aisles; distribution of fire extinguishers; and outside storage of combustible materials. IAW national codes, the contractor’s storage area will be separated from other occupants of a jointly occupied building by a fire wall or partition having a fire resistance rating sufficient to protect the warehouse from the fire exposure of the other occupant. The minimum separation will be a solid wall or partition having a fire resistance rating of not less than one hour.

5. SECURITY: The walls and roof will be structurally sound, including windows, doors, and skylights.

Facility has twenty-four hour surveillance monitoring and recording. All doors and access hatches will have a double locking system as a minimum.

SubFactor 3: LICENSES & APPROVALS:

1. The Contractor performing this contract shall be Department of Defense (DoD) approved through HQ, Surface

Deployment Distribution Command (SDDC), Southeast RSMO, Bldg 208A, 4698 North Second, Forrest Park, GA, 30297-5123, (404)469-5923. (SDDC was formerly Military Traffic Management Command) See below:

a. Has obtained DoD approval for performance of services required under this Procurement :

1). Self-Certification. As required in Section C of the RFP, the officer or employee responsible for this proposal shall execute the following certification:

I, _____________________________________________am the officer or employee responsible for the preparation of this proposal and hereby certify that this firm ____ has

____ has not received Department of Defense (DoD) approval, to pack, ship/move, and store household and personal goods, from the Surface Deployment Distribution

Command (SDDC), Southeast RSMO, Bldg 208A, 4698 North Second, Forrest Park, GA, 30297-5123 (SDDC was formerly Military Traffic Management Command)

b. All offers not having the above approval will be rejected.

2. The Contractor shall be licensed by the Federal Motor Carrier Safety Administration (FMCSA) to move household and personal goods within the state of Georgia.

FACTOR # 2- PAST PERFORMANCE

The vendor's Past Performance volume shall be specific and shall address every requirement stated in the

PWS. The Quote shall include the following:

Vendors shall submit three (3) past performance references for contracts performed within the past three (3) years. Vendor’s Past Performance will be rated equally with the Technical Volume and will be an important factor in evaluating the credibility of the vendor's quote and relative capability to meet performance requirements. Vendors shall furnish past performance reference data for contracts which required the same or similar type services with their offer.

Past performance information utilized will be obtained from the vendors' references, other customers known to the Government and others who may have relevant information. Evaluation of past performance may be quite subjective based on consideration of all relevant facts and circumstances; however, the basis for conclusions of judgment will be documented. No information will be considered which is over 3 years old. The government may use any authorized method of obtaining and evaluating past performance including personal knowledge of the vendor’s performance from government employees who have worked with that vendor.

It is suggested that your references be notified that they are being named as a reference. The Government will contact the vendor’s customers to obtain information regarding the vendor’s actions under previously awarded contracts

No Past Performance History. In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available, the vendor will not be evaluated favorably or unfavorably on past performance. Such vendors must make an affirmative statement that there is no past performance history available.

FACTOR # 3- PRICE

The price quoted shall be submitted separately from the technical proposal. The Government will evaluate the reasonableness of the price of each acceptable quote in relation to the vendor’s relative capability.

For the base year and all option years the vendor shall provide the unit price for each subCLIN.

Additionally, the contractor shall provide the total cost of the base and all option years.

Contract Performance Assessment Reports (CPARs) and Past Performance Questionnaires will be the primary customer feedback data used to evaluate The vendor’s past performance. The Past Performance Information

Reporting System (PPIRS) will be the primary paperless method used to retrieve the CPARS for this source selection. For all contracts identified that do not have a CPARS, The vendor shall forward a copy of the questionnaire to chris.rabassi@usmc.mil. Please forward all questionnaires within two weeks from this solicitation’s release date to allow adequate time for the recipient to respond. Note that The vendor should not reference this solicitation’s number when distributing the past performance questionnaires to customers. The vendor shall include instructions for the customers to send completed questionnaires within two weeks of its receipt via e-mail to Mr. Chris Rabassi, at chris.rabassi@usmc.mil, or via fax to (910) 451-2331. The vendor shall ensure that all points of contact are current and include an email address and phone number. The vendor shall not conduct follow-up actions with regard to this questionnaire, other than to confirm receipt by the recipient. The Government may contact customers identified by The vendor to obtain follow-up Past Performance Information as needed.

Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance and will receive a neutral rating.

Offerors are reminded that the Government reserves the right to use information to evaluate past performance obtained from sources other than those identified by The vendor. The Government may send additional questionnaires and/or obtain information from sources identified by the Government evaluation team.

To evaluate price, quotes will be evaluated using a price/technical tradeoff. This process is appropriate because it is in the Government’s best interest to consider award to other than the lowest price. In evaluating the technical portion of the quote, the technical evaluators will evaluate the following factors and subfactors as described in the

“Basis of Award” of the RFQ. The factors of Technical Capability and Past Performance are weighted equally. All technical subfactors are weighted equally. All evaluation factors other than price, when combined, are significantly more important than 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 vendor 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.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

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

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

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

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

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

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

(3) 52.204-25, 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).

mailto:chris.rabassi@usmc.mil

(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 (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). (DEV 2019-O0003).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (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 (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

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

X (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

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

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

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

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

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

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

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

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

2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

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

13514).

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

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

13423 and 13514).

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

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

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

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

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

X (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013)

(31 U.S.C. 3332).

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

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

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

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

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

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

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

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

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (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).

X (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).

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

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

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

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

(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)

(End of Summary of Changes)