N0018929Q0207 0002.pdf

N0016120RC03503

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 purpose of this amendment is to correct the Acquisition set aside selected in box 10 and to provide updated information in ADDENDUM FAR 52.212-1 and ADDENDUM FAR 52.212-2. Additional Clauses related to FAR 52.222-41 Service Contract Labor Standards are removed.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

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

16C. DATE SIGNED

BY 29-Apr-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 N0018920Q0207

X 9B. DATED (SEE ITEM 11)

29-Apr-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 1 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

29-Apr-2020

CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: D. CROUCH

1968 GILBERT ST, SUITE 600

NORFOLK VA 23511-3392

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018920Q0207

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The Acquisition Set Aside has changed from 8(a) Program to Small Business.

The following have been modified:

ADDENDUM FAR 52.212-1

FAR provision 52.212-1Addendum, Instructions to Offerors—Commercial Items

I. GENERAL

In addition to instructions to quoters contained elsewhere in this solicitation, the following instructions are provided.

Quotes in response to the solicitation are to be submitted to the contract specialist, David Crouch, at david.w.crouch@navy.mil on or before the closing date and time cited elsewhere in this solicitation. Faxes, responses through Beta SAM, Navy Electronic Commerce Online (NECO), and/or hard copy format or any method other than e-mails are not acceptable. Quotes must be held firm for 120 days after the solicitation closing date.

The quote shall consist of the following factors:

Volume 1 Non-Price Factors:

Factor 1: Technical Factor 2: Past Performance

Volume 2 Price Factor:

Factor 3: Price

Each page of each copy should include the following legend:

Source Selection Information - See FAR 2.101 and 3.104

The completion and submission of the above items will constitute a quote and will indicate the quoter’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto.

Alternate quotes are not authorized. Objections to any of the terms and conditions of the solicitation will constitute a deficiency (see FAR 15.001), which will make the quote unacceptable.

IMPORTANT NOTES:

(1) Quoters shall respond to all requirements of the solicitation document. Quoters are cautioned not to alter the solicitation.

(2) In the event that any person who is not a bona fide employee of the quoter participated in the creation, formulation, or writing of any portion of the quote, a certificate to this effect shall be included in the quote which shall be signed by an officer of the quoter. Such certificate shall identify the name of the person who is not a bona fide employee, that person’s employment capacity, the name of the person’s firm, the relationship of that firm to the quoter, and the portion of the quote in which the person participated.

(3) In order to ensure that all questions submitted by potential quoters are answered prior to the solicitation closing date, one consolidated list of questions concerning the solicitation should be submitted via e-mail to the contract specialist, David Crouch, at david.w.crouch@navy.mil no later than 9:00 AM, Eastern Standard Time, on 01 May 2020. The Government reserves the right not to respond to any questions concerning this solicitation received after the questions receipt date above. Accordingly, quoters are encouraged to carefully review all solicitation requirements and submit questions to the Government as early as possible.

II. REQUIREMENTS FOR QUOTE CONTENT

(1) Introduction and Purpose: This section specifies the format that quoters shall use in this Request for Quotations

(RFQ). The intent is not to restrict the quoters in the manner in which they will perform their work, but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes.

(2) Each volume should contain the following items in addition to the other information required by this solicitation:

Cover: The cover should indicate the following:

o Title of the quote o Volume Number (I or II) o Quote Category (Technical, Past Performance, or Price) o Request for Quotation (RFQ) Number o Name and Address of quoter, Cage Code, DUNS and applicable Tax I.D. Number (TIN) o Identification if original or a copy of the quote o Quote validity period of 120 days from the closing of the RFQ

Table of Contents: The table of contents should provide sufficient detail as to allow the important elements to be easily located. The use of tabs and dividers is encouraged.

(3) Requirements for Style: Each quoter shall submit a quote that clearly and concisely describes and defines the quoter response to the requirements contained in the RFQ. Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective quote are not desired and may be construed as an indication of the quoter’s lack of understanding of cost consciousness. Elaborate art work, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The quote shall contain all the pertinent information in sufficient detail in the one area of the quote where it contributes most critically to the discussion of the same information. When necessary, the quoter shall refer to the initial discussion and identify its location within the submitted quote.

(4) Quote Page Limitations: Volume I - The following page limitations are established:

Title Submittal Quantities Page Limit* Technical 1 Electronic Copy 1 Page

Past Performance 1 Electronic Copy 12 Pages (to include Past Performance Form for each reference plus additional pages as necessary)

Each factor of the Non-Price quote is limited to the maximum number of pages as defined in the table above. These page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the quote may use an alternative font with 8 point size type or larger. Each “page” is defined as one sheet, 8 ½ “ x 11”, with at least one inch margins on all sides, using a font with a point size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a minimum, be single-spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½" x 11" pages. The quoter is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, table of contents, tabs, and dividers. Pages submitted in excess of the page limitations described above will not be evaluated.

Volume II – Price is not page limited

III. QUOTE CONTENT

Volume 1:

Phase 1 - Factor 1: Technical

The quoter shall provide the physical address of their established place of business located within 50 miles of the US Naval Academy, 597 McNair Road, Annapolis, MD 21402.

Phase 2 - Factor 2: Past Performance The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five (5) years that is the same as, or similar to, the scope and magnitude of the work described by this solicitation. In addition, performance data will only be assessed for those references demonstrating at least 1 year of completed performance prior to the closing date of this solicitation.

To demonstrate its past performance, the quoter shall identify up to three (3) of its most relevant contracts or efforts within the past five (5) years, and provide any other information the quoter considers relevant to the requirements of the solicitation. Quoters should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation. For purposes of this solicitation, a contract is defined as a single contract or a single task order placed under an indefinite delivery indefinite quantity (ID/IQ) contract, a Blanket Purchase Agreement (BPA), or a Federal Supply Schedule. Quoters may submit a combination of no more than three (3) delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an ID/IQ or BPA as one of the three (3) examples of past performance. Such a combination must also meet the requirements stated above: each individual example in the combination must have commenced within five

(5) years of the solicitation closing date and demonstrate at least one (1) year of completed performance. No more than one (1) combination of DOs, TOs, TDLs and or TATs is permitted in the past performance submittal.

a. If quoted subcontractor past performance is provided as part of the three (3) of its most relevant contracts or efforts, the percentage and type of work to be done by the subcontractor on the solicitation requirement must be stated. The quoter’s submittal shall detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform. A Past Performance example, which does not detail clearly the aspects of the work in the solicitation that the subcontractor is quoted to perform will not be evaluated.

b. If the prime quoter or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall detail clearly the work that it performed and the magnitude (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort will not be evaluated.

c. If a combination of DOs, TOs, TDLs and or TATs are used as a past performance example, the quoter shall state the specific experience claimed, period of performance, and dollar value of each.

Performance data will only be assessed for those individual references started within the last five years and demonstrating at least 1 year of completed performance prior to the closing date of the solicitation.

A Past Performance example that does not provide the level of detail required will not be evaluated.

Subcontractor performance (either the quoter 's own subcontractor experience or quoted subcontractors experience) of major or critical aspects of this requirement will be considered as highly as prime contractor past performance information for the quoter. Failure of quoters to provide the required information and level of specificity will result in the contract reference not being evaluated.

The quoter should complete a Past Performance Information Form for each reference submitted. The form is an attachment to the solicitation. The forms will count toward the Volume I page limit described above. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may continue onto another sheet of paper. Such continuation sheet(s) for submitted references will count toward the Volume I page limit.

In addition to the information requested above, quoters shall contact their past performance references and request that each reference complete the attached “Past Performance Report Form” and e-mail the completed survey directly David Crouch, at david.w.crouch@navy.mil BY THE CLOSING DATE AND TIME OF THIS

SOLICITATION. The Government reserves the right to consider past performance report forms received after the closing date of the solicitation and to contact references for verification or additional information.

Volume 2

Factor 3: Price Price shall include the completed solicitation documents and a complete and detailed price breakdown with all supporting documentation. The price information shall be completed in accordance with the following:

Price shall include the completed solicitation documents and a complete and detailed price breakdown in whole dollar amounts with all supporting documentation. The price information shall be completed in accordance with the following:

- A completed and signed Standard Form 1449, Solicitation/Contract/Order for Commercial Items, and executed copies of any amendments.

- Any subcontracts shall be identified and priced in the price factor.

The following information shall also be completed and provided in Volume II with all supporting documentation:

- Unless completed in the SAM, the quoter shall complete the solicitation’s representations, certifications and other statements of quoters.

(END)

ADDENDUM FAR 52.212-2

FAR provision 52.212-2 Addendum, Evaluation—Commercial Items

The Government intends to award a single firm-fixed-price (FFP) resulting from this solicitation to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation. Each quoter’s quote shall be in the form prescribed by, and shall contain a response to, each of the areas identified in the solicitation provision entitled “FAR provision 52.212-1 Addendum, Instructions to Offerors--Commercial Items.”

The evaluation and award are being conducted in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

The evaluation of quotes will consider Factor II – Past Performance to be significantly more important than Factor III – Price.

Initially, quoters shall be ranked from lowest to highest according to price, inclusive of all option pricing. A quoter’s price will be determined by adding all extended amounts for the CLINs.

If the lowest priced quoter is evaluated to have an overall Factor I: Technical rating of “Acceptable” and an overall Past Performance Confidence Assessment rating of “Substantial Confidence”, that quoter represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that quoter without further consideration of any other quotes. However, if the lowest priced quoter is not evaluated to have an overall Factor I: Technical rated “Acceptable” and an overall “Substantial Confidence” Past Performance Confidence Assessment rating, the next-lowest priced quoter will be evaluated. The evaluation process will continue (in order of price from lowest to highest) until a quote is evaluated to have an overall Factor I: Technical rating of “Acceptable” and an overall “Substantial Confidence” Past Performance Confidence Assessment rating. The Government shall then make an integrated best-value award decision from among that quote and all lower-priced awardable quotes.

If no quotes are rated with an overall Factor I: Technical rating of “Acceptable” and an overall “Substantial Confidence” Past Performance Confidence Assessment, the Contracting Officer shall make an integrated assessment best-value award decision from among all awardable quoters.

Although price is the not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quoter’s price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the quote. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, quotes, price could become the factor in determining which quoter shall receive the award.

All quotes will be reviewed for timeliness. Timely quotes will be reviewed for responsiveness (compliance) to the solicitation. If the quote is not responsive to the solicitation, it will not be evaluated and the quoter will be notified that the quote is non-responsive.

1. Non-Price Quote Evaluation Criteria

Factor 1: Technical Factor 1 will evaluate the technical factor of distance from the U.S. Naval Academy on an Acceptable/Unacceptable basis. The distance calculation between the physical address of the established place of business and the U.S. Naval Academy in Annapolis, MD will be verified using Google maps. Ratings are defined in the table below:

Technical Factor Acceptable/Unacceptable Rating Table

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

In order for a proposal to move on to Factor 2 of the evaluation, the offeror must receive a rating of “Acceptable” for the factor. An offeror that receives a rating of “Unacceptable” for the Factor I will no longer be considered for award and the Government will conduct no further evaluation of that proposal.

Factor 2: Past Performance The past performance evaluation factor assesses the degree of confidence the Government has in a quoter’s ability to meet the contract’s requirements based on the quality of a demonstrated record of recent and relevant performance.

There are three aspects to the past performance evaluation: recency, relevancy, and quality. These are combined to establish a single performance confidence assessment rating for each quoter. For the Past Performance factor, the rating tables identified in the table below, entitled Past Performance Relevancy Ratings Table and Past Performance Confidence Assessment Ratings Table will be utilized for the assignment of ratings for relevancy and confidence assessment.

Past Performance Recency: Recency is the first aspect of the past performance evaluation and is the time period during which past performance references are considered relevant. Recency is critical to establishing the relevancy of past performance information. Relevant past performance is performance under contracts or efforts within the past five (5) years that is the same as, or similar to, the scope and magnitude of the work described by this solicitation. In addition, performance data will only be assessed for those references demonstrating at least 1 year of completed performance prior to the closing date of this solicitation

Past Performance Relevancy: Regarding relevancy, the aggregated past performance references under the Quoter’s Past Performance submission will be evaluated to determine its scope and magnitude relative to the instant requirement. The following definitions apply to this evaluation:

- Scope: Experience in the areas defined in the PWS.

- Magnitude: The measure of the similarity of the dollar value of actually performed work that exists between the PWS and the quoter’s contracts, in the aggregate, during the stated five-year period established by the solicitation.

The aggregate of each quoter’s past performance references in terms of scope and magnitude will result in the assessed overall relevance of that quoter’s past performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. In determining the rating for the past performance factor, past performance of greater relevancy will have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance Quality: The third aspect of the past performance evaluation is to establish the overall quality of the quoter’s past performance. The Government will review all past performance information collected and determine the quality of the quoter’s performance, including general trends and usefulness of the information, and will incorporate this into the performance confidence assessment.

Past Performance Confidence Assessment: The overall assigned rating for past performance will be the Past Performance Confidence Assessment rating, defined in the table below. The assignment of this rating will be based on the overall quality of the recent and relevant past performance and will also consider the source of the information, the context of the data, and general trends in the quoter’s performance. The quality of performance under a past performance reference that that has no relevance to the instant requirement will not be considered in the overall assessment of past performance confidence. Evaluation will focus only on work already performed. Work yet-to-be performed and work outside of the five years prior to solicitation closing to will not be considered. In addition, performance data will only be assessed for those references demonstrating at least one year of completed performance prior to the solicitation closing date.

If the quoter’s aggregated past performance is determined to be not relevant as defined in the solicitation, then the quality of the quoter’s past performance will not be evaluated through a confidence assessment and the past performance factor will be rated as “Neutral Confidence.” If an quoter’s aggregate past performance is determined to be somewhat relevant, then each past performance reference under the quoter’s past performance submission that contributed to the determination of aggregate relevance (i.e., each reference that is rated at least somewhat relevant) will be evaluated to determine the quality of the quoter’s performance under that reference. The quality of performance on contract references that are rated not relevant is not evaluated even when the overall past performance is found to be relevant.

In the case of quoters for which there is no information on past contract performance or where past contract performance information is not available, the quoter may not be evaluated favorably or unfavorably on the past performance factor. In this case, the quoter’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.” Although a quoter that lacks recent, relevant past performance may not be rated favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating provides better value to the Government than a “Neutral Confidence” past performance rating.

In order to determine the quality of performance, the Government may utilize existing data sources, including the Past Performance Information Retrieval System (PPIRS), the Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; communication with points of contact in the quoter’s customer’s organization, which could include private sector requirements and contracts personnel, Administrative Contracting Officers, Defense Contract Management Agency (DCMA) personnel, Procuring Contracting Officers, Contracting Officer’s Representatives, and other Government activity requirements personnel. The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews, and existing data sources. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the Government. This information will be used for the evaluation of past performance.

The past performance factor evaluation and past performance confidence assessment rating is separate and distinct from the contracting officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating the relative capability of the quoter and other competitors to successfully meet the requirements of the solicitation.

2. Quote Evaluation Criteria

Factor 3: Price The Government will evaluate price quotes in accordance with FAR 13.106-3, Award and Documentation. The Government may evaluate any and all information submitted by the quoter to support the reasonableness of the prices quoted. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer.

Although price is not the most important evaluation factor, it has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the quotes in relation to the other factors on which selection is to be based. The importance of price will also increase when a quote's price is so significantly high as to diminish the value to the Government that might be gained under the other aspects of the offer. If, at any stage of the evaluation, all quoters are determined to have submitted equal, or virtually equal, non-price quote, price could become the factor in determining which quoter will receive the award.

3. Written Notice A written notice of award or acceptance of an offer emailed or otherwise furnished to the successful quoter within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

4. Ratings Tables

Past Performance Relevancy Ratings Table

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort this solicitation requires.

Past Performance Confidence Assessment Ratings Table

Substantial Confidence Based on the quoter’s recent/relevant performance record, the Government has a high expectation that the quoter will successfully perform the required effort.

Satisfactory Confidence Based on the quoter’s recent/relevant performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the quoter’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The quoter may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the quoter’s recent/relevant performance record, the Government has a low expectation that the quoter will successfully perform the required effort.

No Confidence Based on the quoter’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

(END)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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 2019) (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.)

XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

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

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

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

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

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

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

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

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

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C.

657f).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

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

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

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

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

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

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

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

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

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

13496).

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

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

13513).

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

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

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

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

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

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

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

____ (48) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

XXX (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 (July 2013) (31 U.S.C. 3332).

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

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

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

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

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

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

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

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

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

(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 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 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The following have been deleted:

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

(End of Summary of Changes)