Amendment 2.pdf

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: SGT CHRISTOPHER KNIGHT

PO BOX 8368

CAMP LEJEUNE NC 28547

MMP10020SUTM017

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

This amendment is being issued to change the status from 100% Small Business Set-Aside to Unrestricted and remove 100% small business set-aside verbiage in FAR 52.212-2. Changes made to remove clauses in 52.212-5 Contract Term and Conditions. Changes made to PWS and the POP has been updated. Changes are in red.

1. CONTRACT ID CODE PAGE OF PAGES

1 22

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

16C. DATE SIGNED

BY 15-Sep-2020

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 M6700120Q1365

X 9B. DATED (SEE ITEM 11)

19-Aug-2020

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 X is extended, 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

15-Sep-2020

CODE

M67001

MARINE CORPS FIELD CONTRACTING SYS

PO 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:

M6700120Q1365

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 deleted.

The required response date/time has changed from 04-Sep-2020 11:00 AM to 18-Sep-2020 11:00 AM.

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

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-SEP-2020 TO

15-SEP-2020

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

FOB: Destination

MMP100

To:

POP 18-SEP-2020 TO

18-NOV-2020

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0002 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0003 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0004 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0007 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0008 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0009 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0010 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0011 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0012 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0015 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0016 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0017 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0018 has been changed from:

30-SEP-2020

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0019 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0020 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0021 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following Delivery Schedule item for CLIN 0022 has been changed from:

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

N/A DISTRIBUTION MANAGEMENT OFFICE

JAMES JOHNSON

BLDG 1012, O STREET M/F MMP100

MCIEAST -MCB (

LY OFFICER)

CAMP LEJEUNE NC 28547-2503

910-451-7570

The following have been modified:

PERFORMANCE WORK STATEMENT

1.0 Background:

MCIEAST G3/5 Range Control has a requirement to upgrade the existing APC Symmetra SY40K40F UPS. This requirement includes increasing the runtime capabilities of the system by adding an additional Battery Cabinet and add additional power monitoring software.

2.0 Scope:

The Contractor will provide provide professional expertise and support for MCIEAST G3/5 Range Control, Marine

Corps Base Camp Lejeune, North Carolina, including but not limited to:

2.1.1 Hardware:

2.1.2 All proper steps should be followed to ensure safety during the install. Installers should provide lock out tags when appropriate.

2.1.3 The additional Battery cabinet rack should be located next to the existing UPS and power properly routed according to manufacturer specifications. Any additional modifications should be made to floor tile to accommodate holes for the new rack. Customer to provide new tiles.

2.1.4 Additional floor supports should be installed to support the new battery rack.

2.1.5 New Battery cabinet should be fully populated with newly manufactured batteries.

2.1.6 Modify the overhead cable tray and ladder as necessary to accommodate the new cabinet.

2.1.7 Modify and furnish any proper electrical equipment and wiring, to install new cabinet equipment to the existing Maintenance Bypass switch.

2.1.8 Modify and install proper wiring to support connectivity between the additional Battery Cabinet and the existing UPS.

2.1.9 Start up new battery cabinet and check for proper power module function. IF needed, replace Power module if necessary.

2.1.10 Update batteries in existing UPS is necessary.

2.2.1 SOFTWARE:

2.2.2 Install new Struxureware Hardware appliance and Software in customer rack

2.2.3 Install monitoring devices in 10 customer racks

2.2.4 Provide a 25 node license for Struxureware Software

2.2.5 All hardware and software should be tested for proper functionality.

3.0 Period of Performance

The Period of Performanc for this contract is September 18th – November 18th 2020.

4.0 Place of Performance

To be determined at time of the award.

5.0 Government Point of Contact

To be determined at time of the award.

6.0 Contractor’s Unauthorized Work Performance

The contractor shall not perform work that deviates from contract requirements and specifications. If the contractor deviates from contract requirements and specifications without approval of the CONTRACT

ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the contractor and any cost related thereto shall be borne by the contractor.

7.0 Base Access

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system replaces RAPIDGate and

MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until September 30, 2018. After this date, all contractors will be required to have a

DBIDS credential in order to access MCB Camp Lejeune and MCAS New River. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here's what you need to know:

CURRENT DOD ID CARD HOLDERS -If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required. -You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS - Beginning June 5, 2018, RAPIDGate/MCESS card holders will be required to present a second form of government-issued identification to the gate sentry, along with the RAPIDGate/MCESS credential, in order to access MCB Camp Lejeune and MCAS New River. - DBIDS credentials will be issued beginning June 25, 2018 - DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals' information will occur each year. - Contractors can exchange their current

RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items: Current RAPIDGate/MCESS credential Second form of government-issued identification

(driver license, passport, etc.) Company Contract/Letter of Authorization New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year. All contractors

(MCB Camp Lejeune and MCAS New River) will be able to exchange their current RAPIDGate/MCESS credential at the Camp Lejeune Contractor Vetting Office, Building TT-13, next to the Wilson Gate. NOTE: If a contractor requires flight line access, they must exchange their credential at Building AS-187 next to MCAS New River's Main

Gate entrance. Only contractors needing flight line access will be serviced at AS-187. Flight line access will still be granted at AS-302 using the procedures already in place.

NEW CONTRACTORS DBIDS credentials will be issued beginning June 25, 2018 New contractors requiring access for over 60 days will receive a credential valid for up to one year. New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning June 5, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning June 25, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day

RAPIDGate/MCESS credentials will be authorized for entry onto the installation is September 30, 2018. More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources. If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at 910-4510283/0284/0285

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:

THIS IS A BRAND NAME REQUIREMENT.

This procurement is subject to the BUY AMERICAN ACT. If the product you are quoting on is not American made, you must identify the country in which it is made.

BASIS FOR AWARD: Award will be made on the basis of best value, price and other factors considered. The

Government intends to make an award to the vendor whose proposal represents the best value to the Government based on (1) vendor’s ability to meet the technical specifications, (2) delivery and (3) price.

TECHNICAL ACCEPTABILITY: To ensure technical compliance with the requirements, vendor quotes shall include the following information:

a. Evaluation of the technical approach will be based upon the extent to which the vendor thoroughly and accurately describes the overall technical solution and most advantageous to the Government. Vendor’s quote shall clearly indicate that they meet and are capable of peerforming all the tasks listed under paragraph 2.0 of the Performance

Work Statement (PWS).

b. Price: The price must reflect unit prices, extended amounts per line item (if any), and overall total.

c. Vendor’s quote must include an active Cage Code and Federal Tax Identification Number. Vendors are required to be registered within the SAM database and have an active Cage Code at the time of award.

Past Performance will be verified via the Supplier Performance Information Risk System (SPRS).

PREPARATION OF QUOTE: Quotes must include the following: a. Technical quote b. Price quote c. Complete

FAR provision 52.212-3 (If your information in System for Award Management (SAM) is up to date just initial in

Paragraph B Section 2. If not, proceed to complete Section B to acknowledge your changes)

SUBMISSION OF QUOTES: Quotes related to this solicitation must be received by the MCIEAST Contracting

Department within the date and time specified in Block 8 on the first page of this solicitation. Quotes may be submitted via email to christopher.b.knight@usmc.mil (preferred method) or via hand delivery/courier to MCIEAST

Contracting Department, Bldg. 1116, Birch Street, Camp Lejeune, NC 28547. It is solely the Contractor’s responsibility to ensure quotes are received within the required timeframe. The deadline for questions is over.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 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 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).

X (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]

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

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

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

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

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (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.

(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 (MAY 2020) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

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

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

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

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

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

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (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.

____ (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).

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).

____ (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).

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

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

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

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

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

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

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

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

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

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

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

X (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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

X (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 Business Ethics and Conduct (JUN 2020) (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 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 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.

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

(xiii) _____ (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).

(xiv) 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.)

(xv) 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)

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

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

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

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

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

(xx) 52.225-26, 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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.

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

(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)