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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

The solicitation is being amended to answ er vendor questions, remove 52.222-41 and related clauses, and also correct referenced sub paragraph numbering in SOW and CLINs.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 03-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 N0016720Q0250

X 9B. DATED (SEE ITEM 11)

18-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 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

03-Sep-2020

CODE

NAVAL SURFACE WARFARE CENTER CARDEROCK

GEORGE DELMORAL

757-513-7194 GEORGE.DELMORAL@NAVY.MIL

904 CORPORATE LANE

CHESAPEAKE VA 23320

N00167 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0016720Q0250

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

Task 2.1.1 Perform low complexity reviews in accordance with the general requirements IAW SOW. Low complexity reviews require zero comment adjudication teleconferences.

To:

Task 3.1.1 Perform low complexity reviews in accordance with the general requirements IAW SOW. Low complexity reviews require zero comment adjudication teleconferences.

CLIN 0002

Task 2.1.2 Perform medium complexity reviews in accordance with the general requirements IAW SOW. Medium complexity reviews require two (2) comment adjudication teleconferences.

Task 3.1.2 Perform medium complexity reviews in accordance with the general requirements IAW SOW. Medium complexity reviews require two (2) comment adjudication teleconferences.

CLIN 0003

Task 2.1.3 Perform high complexity reviews in accordance with the general requirements IAW SOW. High complexity reviews will require four (4) comment adjudication teleconferences.

Task 3.1.3 Perform high complexity reviews in accordance with the general requirements IAW SOW. High complexity reviews will require four (4) comment adjudication teleconferences.

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 CDRL A001 3

Attachment 2 DID80508B 1

Attachment 3 CDRL A002 3

Attachment 4 DID 81373 1

Attachment 5 CDRL A003 3

Attachment 6 DID81505 3

Attachment 7 GFI List 2

Attachment 8 DD254 5 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 CDRL A001 3

Attachment 2 DID80508B 1

Attachment 3 CDRL A002 3

Attachment 4 DID 81373 1

Attachment 5 CDRL A003 3

Attachment 6 DID81505 3

Attachment 7 GFI List 2

Attachment 8 DD254 5

Attachment 9 COMMENT SAMPLE 1

The following have been added by full text:

QUESTIONS & ANSWERS

QUESTION 1:

Pages 2 and 3 of the solicitation identify Line Items to bid.

0001- Low Complexity

0002- Medium Complexity

0003- High Complexity

0004- Travel

Section 3.1 and 3.2 on pages 4 and 5 identify areas of support in the SOW. Section 3.1 and it’s sub sections of the

SOW lines up nicely with Line Items 0001-0004.

It appears to us there is no line item to bid work in support of section 3.2.

Can you please clarify how the level of effort for Section 3.2 should be bid?

ANSWER:

We cannot tell you how to quote, but there is no separate LOE CLIN for 3.2 because it is inclusive of the requirements outline in Section 3.1. In other words, section 3.2 only details the requirements of the identified SSIT meetings which are in conjunction with the different levels of review.

QUESTION 2:

In Section 3.1, it is stated that “The contractor shall complete reviews in eight business days.” Does that deadline apply to each of the three categories defined in 3.1.1 Low Complexity; 3.1.2 Medium Complexity, and 3.1.3 High

Complexity reviews?

The deadline for eight business days will apply to each of the three categories.

QUESTION 3:

Is the scope of work described in SOW Section 3.2 regarding attending monthly Pre-SSIT meetings, Virginia SSIT meetings and Columbia SSIT meetings specifically tied to CLINs 0001/0002/0003? Or is there a separate CLIN for pricing attendance at these meetings?

There is not a separate CLIN for meetings, which are in conjunction with the different levels of review.

QUESTION 4:

Should CLIN 0004 Travel referencing Sections 3.1.9 and 3.2.1 – attending weekly and monthly meetings are

NSWCCD – include travel and labor costs, or only travel costs for attending these meeting onsite at NSWCCD?

The meetings are in conjunction with the reviews as outlined in the SOW, quote as necessary to attending onsite meetings at NSWCCD.

QUESTION 5:

Can the Comment Matrix (Section 6.1 Item 10) be provided for review regarding scope of summarizing findings?

See sample attachment as an example of some generic comments for scope. Typical # of comments for a given submittal ends up being from 5-20 comments.

QUESTION 6:

Is this solicitation a follow on to an existing contract? If so, who is/are the current incumbent(s)?

Yes, Cardinal Engineering, LLC

QUESTION 7:

Please confirm that past performance is not an evaluation requirement.

The Evaluation Factors are; 1: Price and 2: Technical Capability, however, in accordance with the FAR, prospective contractors have to be determined responsible within the meaning of FAR 9.104.

QUESTION 8:

The SOW references do not align with the specific CLINS in the solicitation. Should the solicitation reference SOW sub-sections in para. 3?

Yes, they should reference the sub-sections in para. 3, not 2.

QUESTION 9:

The DID forms for the CDRLS reference Distribution Statement A. Security Section of the SOW states that all deliverables will need to include Distribution Statement D. Given the security requirements, should we assume a

Distribution Statement D marking for CDRLS?

Yes

QUESTION 10: 52.222-41 Service Contract Labor Standards has been incorporated in this solicitation without exceptions. This solicitation SOW requires skills and experience provided predominantly by degreed engineers in

FLSA exempt labor categories. We therefore request that this clause and associated references be removed from this solicitation.

52.222-41 Service Contract Labor Standards will be removed.

QUESTION 11:

It appears to us that the structure of how task orders are awarded, funded and tracked will influence the structure of our bid. Under assumption of a task order award for a specified number of low, medium and high commitments, how will the ceiling of a task order be managed across them? Is each and every low, medium and high commitment an individual ceiling that needs to managed? This would essentially make each of the 48 commitments their own

FFP task. Or maybe managed by grouping per task order? A total for all work? An explanation on how this would work will be very helpful for us to structure our bid.

This is a FFP contract with the quantities for each CLIN clearly stated. Contract administration is the responsibility of the COR/ACO/PCO, and will be handled locally.

QUESTION 12:

If actual distribution of work over time doesn’t exactly match the allocation of low, medium and high listed in the solicitation, is there potential for dollars to be shifted among the line items? If not, would the ceiling go unused and work not assigned?

Unused quantities at the end of the ordering period will be de-obligated in accordance with federal laws and agency policies.

The following have been modified:

SOW

STATEMENT OF WORK:

Engineering Support for Submarine Shock Engineering Services

1 INTRODUCTION

1.1 The Naval Surface Warfare Center Carderock Division (NSWCCD) Platform Integrity Department is responsible for supporting the shock-hardening program for all US Navy vessels. The shock qualification of all

CFE (contractor furnished equipment) and GFE (government furnished equipment) is integral to the shock hardening program for submarines and is required by Ship Specification Section 072 for existing new construction submarine classes (VIRGINIA and COLUMBIA).

2 OBJECTIVE

2.1 The objective of this task is to supplement NSWCCD Code 661 Shock Engineering Services for the shock qualification program for submarine programs. Work performed by the contractor will directly support of NSWCCD Code 661 efforts.

3 REQUIRMENT

Over a two-year period, the contractor shall provide engineering services to support qualification of submarine CFE and GFE shock qualification efforts for equipment. Specifically, the contractor shall:

3.1 Perform reviews of CFE and GFE program office commitments for compliance with shock requirements as invoked by NSSN Class Ship Specification Section 072 and OHIO Replacement (OR) Class Ship

Specification Section 072, and their subsidiary specifications (items 1 through 9 of Section 6.1) to support program office and approval authority deadlines. The anticipated level of support is estimated at 2 commitments per month over the period of performance. The contractor shall complete reviews in eight (8) business days.

Document under the scope of commitment reviews are:

High-impact, low-impact, and underwater explosion (UNDEX) shock test procedures

High-impact, low-impact, and UNDEX shock test reports

Shock qualification plans

Shock extension requests

Shock test acceptance forms

Engineering calculations and results

Finite element transient shock analyses (TSA) models and results

Official letters by government entities and contractors

NOTE - Commitment reviews vary by complexity, and definitions of complexity for the purposes of this statement of work are included below. In the case that a commitment package does not fit all four categories for each of the complexity level, it shall be assigned the complexity level with the greatest number of matching attributes. In the case, that a commitment package matches attributes of multiple complexities levels equally, the lower of the complexities levels will be assigned. A nominal distribution of reviews by complexity is 56% low, 32% medium, and 12% high complexity. See section 8 for definition of commitments and commitment package.

3.1.1 The contractor shall perform low complexity reviews in accordance with the general requirements in section 3.1.4-3.1.9. Low complexity reviews require zero comment adjudication teleconferences. Low complexity reviews have the following attributes:

Document type: shock machine test procedure, shock machine test report, identical shock extension, analysis package using hand calculations, static-g analysis or DDAM, official letters

Commitment package size: Small (less than 200 pages)

Deviation of shock specification or interpretation of shock specifications outside explicit requirements:

No

Approval request uses rationale that includes past precedence and/or approval: No

3.1.2 The contractor shall perform medium complexity reviews in accordance with the general requirements in section 3.1.4-3.1.9. Medium complexity reviews require two (2) comment adjudication teleconferences.

Medium complexity reviews have the following attributes:

Document type: Shock machine test procedure, shock machine test report, similar shock extension, analysis package using hand calculations, static-g analysis or DDAM

Commitment package size: Moderate (200 to 500 pages)

Deviation of shock specification or interpretation of shock specifications outside explicit requirements:

Yes

Approval request uses rationale that includes past precedence and/or approval: Yes

3.1.3 The contractor shall perform high complexity reviews in accordance with the general requirements in section 3.1.4-3.1.9. High complexity reviews will require four (4) comment adjudication teleconferences.

High complexity reviews have the following attributes:

Document type: UNDEX test procedure, UNDEX test report, similar shock extension, shock qualification plans, analysis package using non-standard shock analysis method or transient shock analysis (TSA)

Commitment package size: Large (greater than 500 pages)

Deviation of shock specification or interpretation of shock specifications outside explicit requirements:

Yes

Approval request uses rationale that includes past precedence and/or approval: Yes

3.1.4 General requirements for all commitment reviews:

3.1.5 The contractor shall summarize findings using the provided comment matrix (item 10 of Section 6.1).

Comments in the comment matrix shall communicate the portions/aspects of the submittal that are non-compliance with specifications, rationale for why the area is non-compliant, and recommended action to resolve the comment (CDRL A001).

3.1.6 The contractor shall present findings and comment matrix, and participate in discussions with the

NSWCCD Shock Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities, as necessary. The contractor shall modify the comment matrix as applicable based on the discussions (CDRL A001).

3.1.7 The contractor shall support comment adjudication process by resolving (concurring or commenting on) the comment response of the requesting activity. Comment adjudications shall be completed in two (2) business days. (See Section 9.2 for definition of comment adjudication). Generate written response and incorporate into comment matrix (CDRL A001).

3.1.8 Attend supporting discussions for comment adjudication with requesting activity, NSWCCD Shock

Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities via teleconference. Teleconferences are expected to last one hour in length.

3.1.9 When there are open commitments, the contractor shall attend weekly meetings at NSWC Carderock, or via teleconference as necessary, to discuss the status of any ongoing commitments. The contractor shall provide a status update for each assigned commitment (CDRL A002).

3.2 Support shock qualification of items that are presented at the Shock System Integration Team (SSIT) meeting forum. Reviews under the scope include shock qualification plans, shock extension plans, shock analyses, and other technical information supporting these requests.

3.2.1 Attend monthly submarine Pre-Shock System Integration Team (Pre-SSIT) meetings at NSWCCD or via teleconference, as necessary. Pre-SSIT meetings includes both VIRGINIA and COLUMBIA topics.

Approximately half of the time will be spent discussing VIRGINIA topics and half of the time will be spent discussing COLUMBIA topics. Provide verbal commentary on compliance of presented items with shock requirements as invoked by NSSN Class Ship Specification Section 072, OHIO Replacement (OR) Class

Ship Specification Section 072 of and subsidiary specifications (items 1 through 9 of Section 6.1). A typical meeting is expected to last three hours in length. The Contractor shall provide meeting minutes for

Pre-SSIT meetings (CDRL A003).

3.2.2 Support via teleconference the monthly VIRGINIA Shock System Integration Team (SSIT) meetings at

Electric Boat. Provide verbal commentary on compliance of presented items with shock requirements as invoked by NSSN Class Ship Specification Section 072 and subsidiary specifications (items 1, 3, 5, 6, 7, and 8 of Section 6.1). A typical meeting is expected to last three hours in length.

3.2.3 Support via teleconference the monthly COLUMBIA Shock System Integration Team (SSIT) meetings at

Electric Boat. Provide verbal commentary on compliance of presented items with shock requirements as invoked by OHIO Replacement (OR) Class Ship Specification Section 072 and subsidiary specifications

(items 2, 4, 5, 6, 7, and 9 of Section 6.1). A typical meeting is expected to last six hours in length. It is not anticipated that this support will be required for the first six months of the contract.

4 TRAVEL

The contractor shall support the anticipated travel requirements for this contract as identified in the chart below, or by teleconference as necessary. Travel estimates are derived based on sections 3.1.9, and 3.2.1. It is assumed some of the meetings can be combined into one trip.

Destination Total Trips Frequency Number of Days Number of People

5 DELIVERABLES

The contractor shall deliver the following Contract Data Requirements Lists (CDRLs) for this task order.

CDRL Title Applicable Task Areas

A001 Technical Report 2.1

A002 Presentation Material 2.1

A003 Meeting Minutes 2.2

6 GOVERNMENT FURNISHED INFORMATION (GFI)

6.1 The Government will provide the contractor with on-site access and the material required for the successful accomplishment of the work specified above. This material shall include commitment packages for completion of tasking in section 3.1. See section 9.3 for the definition of commitment packages. GFI listed below to be utilized for CDRL A001. Subsidiary specifications to be provided by the Government are:

1. NSSN Class Ship Specifications Section 072, dated 21 Aug 1998 (CONFIDENTIAL)

2. Ohio Replacement (OR) Class Ship Specifications Section 072, dated 15 July 2016

(CONFIDENTIAL)

3. Shock Tests, H.I. (High-Impact) Shipboard Machinery, Equipment, and Systems, Requirements for;

MIL-S-901D (Navy) Interim Change #1, dated 23 Aug 1994

4. Shock Tests, H.I. (High-Impact) Shipboard Machinery, Equipment, and Systems, Requirements for;

MIL-S-901D (Navy) Interim Change #2, dated 30 July 2012

5. Shock Qualification and Design Guidance for Submarine External Components; Project Peculiar

Document 802-6337443, dated 5 May 1995 (CONFIDENTIAL)

6. Underwater Explosion (UNDEX) Qualification of Submarine Hull Penetrations; Project Peculiar

Document 802-633744, dated 17 June 1996 (CONFIDENTIAL)

7. Dynamic Design Analysis Method (DDAM) Procedures; Project Peculiar Document 802- 6337447, dated 28 April 1997

8. Low-Impact (L.I.) Testing, Shipboard Machinery, Equipment, and Systems, Requirements for, Project

Peculiar Document 802-6337449 (Low Impact Testing), dated 17 June 1996

9. Low-Impact (L.I.) Testing, Shipboard Machinery, Equipment, and Systems, Requirements for; Project

Peculiar Document 802-6337449 (Low Impact Testing), dated 15 April 2012

10. Comment Matrix Template, dated 16 March 2020

6.2 Plans, drawings, specifications, designs, photographs, and any other information furnished by the

Government shall remain Government property and shall be reproduced only as authorized in writing by the

Government, shall be used for performance of the work under this task order only, and shall be returned to the Government upon request. Such a request may be made during the period of performance or at termination or completion of the period of performance. After the period of performance, the contractor shall thereafter make no further use of any information derived from GFI without prior written consent of the

Government.

7 SECURITY REQUIREMENTS

West Bethesda, MD 96 4 Trips/Month 1 2

7.1 The tasks performed under the scope of work are classified up to the level of CONFIDENTIAL. Security and dissemination requirements shall follow DoD Manual 5200.01. Applicable tasks include section 3.1.1, 3.1.3, and 3.2.1.

7.2 The tasks to be performed under the scope of work may include Naval Nuclear Propulsion Information

(NNPI). Security and dissemination requirements shall follow OPNAVINST N9210.3. Applicable tasks include section 3.1.1-9, and section 3.2.1-3.

7.3 Although tasks to be performed may include GFI and up to CONFIDENTIAL security and contain NNPI, all deliverables shall omit any classified or NNPI information, so that all deliverables are FOR OFFICIAL USE

ONLY, Distribution D. The contractor shall ensure that all employees maintain appropriate derivative classifier and NNPI security certifications.

8 PERFORMANCE

8.1 Place of Performance: The primary place of performance will be at the contractor’s facilities with the exception of the required meetings in section 3.1.9 and section 3.2.1, which shall be supported in-person, or via teleconference, as necessary.

9 DEFINITIONS

9.1 Commitments: Commitments are program office products, which assign various stakeholders actions such as comment, concurrence, or signature. The submarine senior shock engineering manager is ultimately responsible for all comment, concurrence, and signature activities; commitment review support assisting and advising the engineering manager in performing these tasks. Commitment route sheets include an assigned due date. For the vast majority of commitments, the documents enclosed are approval requests to the program office or NAVSEA from the lead shipyard (Electric Boat), vendors for the lead shipyard, or other engineering entities. Items that require program office or NAVSEA approval outlined in the ship specifications and other approval delegation letters.

9.2 Comment Adjudication: Comment adjudication initiated when the requesting activity (lead shipyard, Vendor, or other engineering entity) provides written responses to the comments generated against the commitment. For reviews of medium or high complexity, communication between the Government and requesting activity is generally required to resolve comment adjudications, in the form of written correspondence, teleconferences, and/or meetings. The final comment adjudication is incorporated and documented into the program office comment matrix.

9.3 Commitment Package: For the purposes of this SOW, commitment packages include:

Letter from the engineering entity requesting approval

All enclosures to the requesting engineering entities’ letter

Any historical documents (i.e. letters, meeting minutes, and associated presentations, shock qualification plans, shock test reports, etc.) that document past precedence and/or approval used as rationale in the approval request. The Technical Advisor shall determine these documents.

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.

____ (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.)

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

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

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and

Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of 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).

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

(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.

(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)

The following have been deleted:

WAGE DETERMINATION

(End of Summary of Changes)

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