MEAT.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

9. ISSUED BY

Federal Bureau of Prisons FCI Elkton 8730 Scroggs Road Lisbon, OH 44432

11 . DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

• SEE

SCHEDULE

15. DELIVER TO

FCI Elkton Food Service Warehouse 8730 Scroggs Road Lisbon, OH 44432

3. AWARD/EFFECTIVE 4. ORDER NUMBER

DATE

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME l 5B2 l 620QOOOOOO 19 05/02/2020

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/ LOCAL

TIME

Samantha Mazzone smazzone@bop.gov (0) 330-420-6460 (F) 330-420-6445 05/ 15/2020 14:00:00

CODE I t 5B2 l 6 10. THE ACQUISITION IS • UNRESTRICTED OR ~ SET ASIDE: J 00.00 % FOR

SMALL BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

NAICS: 3 I I 999

12. DISCOUNT TERMS

NET7 •

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

• EDWOSB

• 8(A)

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

CODE l 5B2 J 6 16. ADMINISTERED BY

Federal Bureau of Prisons

(0) 330-420-6200 x 13 I 6 FCI Elkton

8730 Scroggs Road Lisbon, OH 44432

SIZE STANDARD: 500

Employees

13b. RATING

14. METHOD OF SOLICITATION

~ RFQ • IFB

CODE

• RFP

15B216

17a. CONTRACTOR/

OFFEROR

CODE ' I ~----~

FACILITY I

CODE ~------t

18a. PAYMENT WILL BE MADE BY CODE I t 5B216

FCI Elkton (0) 330-420-6200

Attn : Accounts Payable PO Box 129

ELK/Business Office-@bop.gov

TELEPHONE NO.

0 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

4TH Quarter Meat Requirements (FY 2020)

Unless otherwise stated in the product description or alternative arrangements have been agreed to by FCI Elkton Food Service staff, all items are expected to deliver between July I, 2020 and July 3 1, 2020.

See Continuation Sheet(s) ( Usl! R~rse ondlor Alluch Additional Sheets us Necasary)

25. ACCOUNTING AND APPROPRIATION DATA

Lisbon, OH 44432-0 129

18b. SUBMIT INVOICE~ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED LJ SEE ADDENDUM

21 . 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4 . FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA H ARE LJ ARE NOT ATTACHED • 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4 . FAR 52.212-5 IS ATTACHED. ADDENDA ARE • ARE NOT ATTACHED

~ 28. CONTRACTOR IS REQUIRED TO SIGN TH IS DOCUMENT AND RETURN 1 COPIES TO • 29. AWARD OF CONTRACT: REF. __________ OFFER ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH DATED ~~~~~cc-.. YOUR OFFER ON SOLICITATION (BLOCK 5) OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. "IS ACCEPTED AS TO ITEMS:

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31~ONTRACTING O~EnE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

Samantha Mazzone ~\__) 05/02/2020

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

I

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19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

• RECEIVED • INSPECTED • ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________ _

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

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

D coMPLETE • PARTIAL • FINAL I PARTIAL I I FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/00) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

I

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Table of Contents

Description Page Number

Solicitation/Contract Form ........ ......... .. .... .. .. .. .. .... .... ...... ..... .. ...... .... ..... ..... ................... ......... ..... ............... ...... I Commodity or Services Schedule Contract Clauses

52 .212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Oct 20 I 9) - Alternate I (Feb 2000) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Dec 2019) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 20 19)

52.2 12- 1 Instructions to Offerors-Commercial Items (Oct 2018) 52.204- 16 Commercial and Government Entity Code Reporting (Jul 2016) 52.212-2 Eva luation-Commercial Items (Oct 2014) 52.214-22 Evaluation of Bids for Multip le Awards (Mar l 990) ....................... ...................................... l 8

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 Firm Fixed Price 1.000000 LT $ $ $

See attached list.

NOTE: FROZEN ITEMS WILL NOT BE ACCEPTED IF "USE BY"

DATES HAVE PASSED/EXPIRED.

Notes:

Appointments with Food Service Warehouse staff are required for deliveries of frozen food . Frozen food products will be rejected by Food Service Warehouse staff if an appointment is not scheduled prior to delivery. Phone 330-420-6200 x 1316 to schedule .

Unless otherwise stated in the line item description or unless alternative arrangements have been agreed to by FCI Elkton Food Service staff, all items are expected to deliver to the FCI Elkton Food Service Warehouse between July 1, 2020, and July 31 , 2020.

PSC: 8905

4TH Quarter Meat Requirements (FY 2020)

Unless otherwise stated in the product description or alternative arrangements have been agreed to by FCI Elkton Food Service staff, all items are expected to deliver between July 1, 2020 and July 31 , 2020

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB 1998)

rfhis contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

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

Clauses By Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Survei llance Services or Equipment (Aug 20 19)

(a) Definitions. As used in this clause--

"Covered fo reign country" means The People's Republic of China.

"Covered telecommunications equ ipment or services" means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affi liate of such entities) ;

(2) For the purpose of publ ic safety, security of Government faci lities, physica l security surveillance of cri tical infrastructure, and other national security purposes, video survei llance and telecommunications equipment produced by Hytera Communications Corporat ion, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affi liate of such entities) ;

(3) Telecommunications or video survei llance services provided by such entities or using such equipment; or

( 4) Telecommunications or video survei ll ance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau oflnvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Criti cal technology" means--

(I) Defense articles or defense services included on the United States Muni tions List set forth in the International Traffi c in Arms Regulations under subchapter M of chapter I of titl e 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set fo rth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and contro lled--

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(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 8 IO of title I 0, Code of Federal Regul ations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material) ;

(5) Select agents and toxins covered by part 331 of tit le 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

48 17).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(l)(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(!) A service that connects to the fac ilities of a third-party, such as backhaul , roaming, or interconnection arrangements ; or

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

(d) Reporting requirement.

(I) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract perfonnance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the fo llowing information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if app licable; supplier name; supplier unique entity identifier (if known) ; supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer nurr'lber, manufacturer part number, or wholesaler number) ; item description; and any readily availab le information about mitigation actions undertaken or recommended.

(ii) Within IO business days of submitting the information in paragraph ( d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4)

52 .2 12-5 Alt I Contract Te1ms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Oct 2019) - Alternate I (Fef:, 2000)

(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 appli cable to acquisitions of commercial items:

(I) 52.203- 19, Prohibition on Requiring Certain Internal Confidenti ality Agreements or Statements (Jan 2017) (section 743 of Division E, Title Vll, of the Consolidated and Further Continuing Appropriations Act, 20 15 (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 Enti ties (Jul 20 18) (Section 1634 of Pub. L. 11 5-9 1) .

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 20 I 5) .

(4) 52.233-3 , Protest After Award (Aug 1996) (3 1 U.S.C. 3553).

(5) 52 .233-4, Applicab le Law for Breach of Contract Claim (Oct 2004)(Public Laws I 08-77 and I 08-78 (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.]

_ ( I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (4 1 U.S.C. 4704 and 10 U.S .C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (4 1 U.S.C. 3509)).

_ (3) 52.203-15, Whist leblower Protections under the American Recovery and Rei nvestment Act of 2009 (June 20 I 0) (Section 1553 of Pub. L. 111 -5) . (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 20 18) (Pub. L. 109-282) (3 1 U.S.C.

61 01 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 201 6) (Pub. L. 111 -11 7, section 743 of Div. C).

_ (7) 52.204- 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-11 7, section 743 of Div. C).

_ (8) 52 .209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent. (Oct 2015) (31 U.S.C. 6 101 note) .

_ (9) 52.209- 9, Updates of Publicly Avai lable Information Regarding Responsibility Matters (Oct 20 I 8) ( 41 U.S.C. 2313) .

_ ( I 0) [Reserved].

_ (l l )(i) 52 .219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 20 11 ) (15 U.S.C. 657a).

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_ (ii) Alternate I (Nov 2011) of 52.219-3.

_ ( l 2)(i) 52.219-4, Notice of Price Evaluation Preference for HUB Zone 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).

_ (i i) Alternate I (Jan 2011) of 52.2 19-4.

_ (13) [Reserved]

_ ( 14)(i) 52 .219-6, Notice of Total Small Business Set-Aside (Nov 201 1) (15 U.S.C. 644).

_ (ii) Alternate I (Nov 20 11 ).

_ (iii) Alternate II (Nov 201 1).

_ (1 5)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.2 19-7.

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

_ ( 16) 52.2 19-8, Uti lization of Small Business Concerns (Oct 20 18) (15 U.S.C. 637(d)(2) and (3)) .

_ (l 7)(i) 52.2 19-9, Small Business Subcontracting Plan (Aug 20 18) (15 U.S.C. 637(d)( 4)) .

_ (ii) Alternate I (Nov 20 16) of 52.219-9.

_ (iii) Alternate II (Nov 20 16) of 52.219-9.

_ (iv) Alternate III (Nov 20 16) of52.2 19-9.

_ (v) Alternate JV (Aug 2018) of 52.2 19-9.

_ (1 8) 52.219- 13, Notice of Set-Aside of Orders (Nov 201 1) ( 15 U.S.C. 644(r)) .

_ ( 19) 52.219-14, Limitations on Subcontracting (Jan 20 I 7) (15 U.S.C. 637(a)( 14)).

_ (20) 52.219- 16, Liquidated Damages--Subcon-tracting 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. 657 f).

_ (22) 52 .219-28, Post Award Small Business Program Rerepresentation (Jul 2013) ( 15 U.S.C. 632(a)(2)) .

_ (23) 52.219-29, Noti ce 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 20 15) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11 755).

X (26) 52 .222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-2 1, Prohibition of Segregated Fac ili ties (Apr 2015).

X (28)(i) 52.222-26, Equal Opportuni ty (Sept 20 16) (E.O. 11246).

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

X (29)(i) 52.222-35, Equal Opportuni ty for Veterans (Oct 201 5)(38 U.S.C. 42 12).

_ (ii) Alternate I (July 2014) of52.222-35 .

X (30)(i) 52 .222-36, Equal Opportunity for Workers with Disabilities (Ju ly 2014) (29 U.S.C. 793) .

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

_ (31) 52.222-37, Employment Reports on Veterans (Feb 20 16) (38 U.S.C. 4212) .

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_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 Eligibil ity Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially avai lab le 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 ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Oct 2015) of52.223-13 .

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

_ (ii) Alternate I (Jun 2014) of52.223-14.

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

_ (4l)(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 Whi le Driving (Aug 2011 ) (E.O. 135 I 3).

_ ( 43) 52.223-20, Aerosols (Jun 20 I 6) (E.O. 13693).

_ ( 44) 52.223-21 , Foams (Jun 20 16) (E.O. 13693).

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

_ (ii) Alternate I (Jan 2017) of 52 .224-3 .

X (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--lsraeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 330 1 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, 11 2-4 1, 112-42, and 112-43.

_ (ii) Alternate I (May 2014) of52 .225-3 .

_ (iii) Alternate II (May 20 14) of52.225-3 .

_ (iv) Alternate Ill (May 20 14) of52.225-3.

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

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_ (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, Ten11S for Financing of Purchases of Commercial Items (Feb 2002) (4 1 U.S .C. 4505, 10 U.S.C. 2307(f)).

_ (54) 52.232-30, Installment Payments for Commercial Items (Jan 20 17) (41 U.S.C. 4505, IO U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

_ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 20 13) (31 U.S.C. 3332).

_ (57) 52.232-36, Payment by Third Party (May 2014) (3 1 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)(l 2)).

_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 u.s.c. 2631 ).

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

_ (i ii) 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.]

_ ( I) 52.222-17, Nondisplacement of Qualified Workers (May 20 14)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (4 1 U.S.C. chapter 67).

_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 20 14) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (6) 52.222-5 1, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requ irements (May 2014) (4 1 U.S.C. chapter 67).

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_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 20 14) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 20 17) (E.O. I 3706).

_ (I 0) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 I 4) ( 42 U.S.C. 1792).

(d)(l) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not required to fl ow down any FAR clause, other than those in th is paragraph ( d)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the fl ow 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 20 I 7) (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)).

(i ii) 52.204-23 , Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 20 18) (Section 1634 of Pub. L. 11 5-9 1 ).

(iv) 52.2 I 9-8, Uti lization of Small Business Concerns (Oct 20 18) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities . lfthe subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public fac ility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222- 17, Nondisplacement of Qualified Workers (May 20 14) (E.O. 13495). Flow down required in accordance with paragraph

(I) of FAR clause 52.222-1 7.

(vi) 52.222-21 , Prohibition of Segregated Facilities (Apr 20 15)

(vi i) 52.222-26, Equal Opportunity (Sept 20 I 6) (E.O. 11 246).

(vi ii) 52.222-35, Equal Opportunity for Veterans (Oct 20 15) (38 U.S.C. 4212) .

(ix) 52.222-3 6, Equal Opportunity for Workers with Disabil ities (Jul 2014) (29 U.S.C. 793) .

(x) 52.222-37, Employment Reports on Veterans (Feb 20 16) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x ii) 52.222-41 , Service Contract Labor Standards (Aug 20 I 8) (4 1 U.S.C. chapter 67) .

(x iii) _ (A) 52 .222-50, Combating Trafficking in Persons (Mar 201 5) (22 U.S.C. chapter 78 and E.O 13627).

_ (B) Alternate I (Mar 20 15) of 52 .222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-5 I, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requi rements (May 20 I 4) ( 4 1 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 20 14) (41 U.S.C. chapter 67).

(xvi) 52 .222-54, Employment Eligibili ty Verification (Oct 20 I 5) (E.O. I 2989).

(xvii) 52 .222-55 , Minimum Wages Under Executive Order 13658 (Dec 2015).

(xv iii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 201 7) (E.O. 13706).

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

(B) Alternate I (Jan 20 17) of52.224-3.

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(xx) 52.225-26, Contractors Perfonning 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 (May 20 14) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx ii) 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.

263 1). 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)

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Section 4 - List of Attachments

This Section Is Intentionally Left Blank

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Section 5 - Solicitation Provisions

52 .212- 1 Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NA /CS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block IO of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a min imum, offers must show--

(I) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technica l description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Tenns of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.2 I 2-3 (see FAR 52 .212-3(b) for those representations and certi ficat ions that the offeror shall complete electron ically);

(9) Acknowledgment of Solicitation Amendments;

( l 0) Past perfonnance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(1 1) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the so licitation. Offers that fail to furn ish required representations or infonnation, or reject the terms and cond itions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to ho ld the prices in its offer finn for 30 calendar days from the date specified for receipt of offers, un less another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative li ne items are consistent with subpart 4.10 of the Federal Acqu isition Regulat ion), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(I) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Ifno time is specified in the solici tation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

15821620Q00000019 Page 15 of 31

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers ; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers ; or

(C) If this solicitation is a request for proposals, it was the only proposal received .

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted .

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

( 4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimi le offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids) . The Government intends to evaluate offers and award a contract without discussions with offerors . Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later detennined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive infonnalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations . Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(I )(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part IO 1-29, and copies of specifications, standards, and commercial item descriptions cited in thi s solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimi le (202) 6 19-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(l)(i) of this provision . Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the fo llowing ASSIST websites:

(i) ASSIST (https://assist.dla.mil/onlinelstartl).

(ii) Quick Search (http://quicksearch.dla.mil/) .

(iii) ASSISTdocs.com (http ://assistdocs.com).

15B21620Q00000019 Page 16 of 31

(3) Documents not ava ilable from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASS IST Shopping Wizard (https ://assist.dla.millwizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (2 15) 697-2 179, Mon-Fri , 0730 to 1600 EST; or

(ii i) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 191 11 -5094, Telephone (215) 697-2667/2 179, Facsimile (215) 697-1462.

(4) Nongovernment (vo luntary) standards must be obtained from the organi zation responsible for their preparation, publication, or maintenance.

(i) Unique entity identifier. (Applies to a ll offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved].

(I) Debriefing. If a post-award debriefing is given to requesting offerors, the Government sha ll disclose the fo llowing information, if applicable:

( 1) The agency's evaluation of the significant weak or deficient fac tors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acqui sitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other app licable authorities were fo llowed by the agency.

(End of provis ion)

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Items (Oct 2018)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52 .2 12-1.

Provisions By Full Text

15B21620Q00000019 Page 17 of 31

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offerer shall not complete the representation in this provision if the Offerer 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 perfonnance of any contract, subcontract, or other contractua l instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3 , Offerer Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services", "critica l technology" , and "substantia l or essential component" have the meanings provided in clause 52 .204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(l )(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 20 19 (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. Contractors are not prohibited from providing--

(!) A service that connects to the facili ties of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibi li ty into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offerer shall review the list of excluded parties in the System for Award Management (SAM) (https:/1 www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services" .

(d) Representation. The Offerer represents that 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.

(e) Disclosures. If the Offerer has represented in paragraph (d) of this provision that it "wi ll " provide covered telecommunications equipment or services", the Offerer shall provide the following infonnation as part of the offer--

(!) A description of all covered te lecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors re levant to determining if such use would be pennissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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) .

(End of provision)

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

(a) Definition. As used in this provision--

"Commercial and Goverrunent Entity (CAGE) code" means--

(!) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

15B21620Q00000019 Page 18 of 31

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file . This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal.

The CAGE code entered must be for that name and address. Enter "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sarn.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process . SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision) .

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage. dla.rnil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/ACJ 35Public/scage/Cagelist.aspx if the foreign entity's country is not a member of NA TO or a sponsored nation . Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are avai lable at http://www.nato.int/structur/AC/135/rnain/linkslcontacts.htrn .

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.rnil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204- 17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

52.2 14-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addition to other factors , bids wi ll be evaluated on the basis of advantages and disadvantages to the Government that might result from making more than one award (multiple awards) . It is assumed, for the purpose of evaluating bids, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards will be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

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:

##Price ##Past Performance

##FAR 52.214-22

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[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FA R 15.304); ?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are Approx imately equal to cost or price

[Contracting Officer state, in accordance with FAR 15. 304, the relative importance of all other evaluation facto rs, when combined, when compared to price.}

(b) Options. The Government wi ll evaluate offers for award purposes by adding the total price fo r 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. Befo re 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 withdrawa l is received before award .

(End of provision)

52.2 12-3 Offeror Representations and Certifications--Commercial Items (Dec 20 19)

The Offeror shall complete on ly 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:llwww.sam.gov.