N32205-20-R-4143 RFP.docx

N3220520R4143

Section SF 1449 - CONTINUATION SHEET

Firm Period

FFP

Tanker Charter Hire (365 Days) FOB: Destination

NET AMT

Firm Period

Reimbursables

NET AMT

Option One

NET AMT

Option One

NET AMT

Option Two

Tanker Charter Hire (366 Days)

NET AMT

Option Two

NET AMT

Option Three

NET AMT

Option Three

NET AMT

Option Four

Tanker Charter Hire (335 Days)

NET AMT

Option Four

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

PRFORMA

MILITARY SEALIFT COMMAND

TANKER TIME CHARTER (TANKTIME – 13.5)

AUGUST 2020

PREAMBLE

1. This Request for Proposals (RFP) is a solicitation for offers to perform a Charter Party (the “Contract” or the “Charter”) in accordance with the terms and conditions herein.

2. The Charter, when awarded, will consist of the completed Standard Form (SF) 1449, this Preamble, and Parts I through IX.

3. The signature of the Contracting Officer on SF 1449 signifies acceptance of the Contractor’s proposal and award of the Charter. The SF 1449 and Parts I through IX contain in full all of the amendments, references, responses, deletions, additions and interlineations made by both parties to the RFP and the proposal as of the Charter Party date. In the event that there is any inconsistency between the terms and conditions of this Contract and those in an offeror’s proposal, this Contract shall control. All references to boxes in Parts II through IX shall be to Part I boxes unless otherwise stated.

4. Each of the Parts or any portion thereof of this Charter Party shall be deemed severable, and should any Part or any portion thereof be held invalid, illegal, or unenforceable, the remaining Parts and portions thereof shall continue in full force and effect. The headings herein are for the sake of convenience and reference only, and shall not affect the interpretation of this Charter Party.

MSC TANKTIME 2020 (08-2020)

MSC TANKTIME 00 I-8

LIST OF EFFECTIVE CHANGES

MSC TANKTIME 2020 (08-2020)

MILITARY SEALIFT COMMAND

COMMERCIAL ITEM ACQUISITION

TANKER TIME CHARTER

TABLE OF CONTENTS

PART PAGE NO.

I. TANKTIME BOXES I-1 – I-7

(Unless specifically referenced in Box 6, the paragraphs that follow do not apply to this Charter Party)

Former DoD Officials

Technical Data

(5) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

(b) Required for contract(s) greater than $1,000,000.00

(1) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(c) Required for contract(s) greater than $500,000.00

(1) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(d) Required for contract(s) exceeding the Simplified Acquisition Threshold (SAT)

(1) DFARS 252.225-7012 Preference for Certain Domestic Commodities

(2) DFARS 252.243-7002 Requests for Equitable Adjustment

(e) Required for contract(s) awarded to a U.S. vendor

(1) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(f) Required for contract(s) awarded to a U.S. flag vessel

(1) DFARS 252.247-7027 Riding Gang Member Requirements

(g) Required for contract(s) for which the offeror made a negative response to the inquiry in the provision at 252.247-7022, Representation of Extent of Transportation by Sea

(1) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(2) DFARS 252.203-7003 Agency Office of the Inspector General

(3) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (4) DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors

(5) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(6) DFAR 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

(7) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(8) DFARS 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors

(9) DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

(10) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(11) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

(12) DFARS 252.211-7003 Item Unique Identification and Valuation

(13) DFARS 252.211-7006 Passive Radio Frequency Identification

(14) DFARS 252.211-7007 Reporting of Government-Furnished Property

(15) DFARS252.211-7008 Use of Government-Assigned Serial Numbers

(16) DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations

(17) DFARS 252.215-7003 Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation

(18) DFARS 252.215-7004 Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation

(19) DFARS 252.215-7007 Notice of Intent to Resolicit

(20) DFARS 252.215-7008 Only One Offer

(21) (i) DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and

(22) (i) DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts

(ii) Alternate I

(23) DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program

(24) DFARS 252.219-7000 Advancing Small Business Growth

(25) DFARS 252.219-7012 Competition for Religious-Related Services

(26) DFARS 252.223-7008 Prohibition of Hexavalent Chromium

(27) (i) DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate

(ii) Alternate I

(28) (i) 252.225-7001 Buy American and Balance of Payments Program

(ii) Alternate I

(29) DFARS 252.225-7006 Acquisition of the American Flag

(30) DFARS 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

(31) DFARS 252.225-7008 Restriction on Acquisition of Specialty Metals

(32) DFARS 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals

(33) DFARS 252.225-7010 Commercial Derivative Military Article—Specialty Metals Compliance

(34) DFARS 252.225-7012 Preference for Certain Domestic

(35) DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools

(36) DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings

(37) DFARS 252.225-7017 Photovoltaic Devices

(38) DFARS 252.225-7018 Photovoltaic Devices—Certificate

(39) (i) DFARS 252.225-7020 Trade Agreements Certificate

(ii) Alternate I

(40) (i) DFARS 252.225-7021 Trade Agreements

(ii) Alternate II

(41) DFARS 252.225-7023 Preference for Products or Services from Afghanistan

(42) DFARS 252.225-7024 Requirement for Products or Services from Afghanistan

(43) DFARS 252.225-7026 Acquisition Restricted to Products or Services from Afghanistan

(44) DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales

(45) DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

(46) DFARS 252.225-7029 Acquisition of Uniform Components for Afghan Military or Afghan National Police

(47) DFARS 252.225-7031 Secondary Arab Boycott of Israel

(48) (i) DFARS 252.225-7035 Buy American—Free Trade Agreements—

(49) (i) DFARS 252.225-7036 Buy American--Free Trade Agreements—

(50) DFARS 252.225-7037 Evaluation of Offers for Air Circuit Breakers

(51) DFARS 252.225-7038 Restriction on Acquisition of Air Circuit Breakers

(52) DFARS 252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States

(53) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

(54) DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

(55) DFARS 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations

(56) DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

(57) DFARS 252.225-7051 Prohibition on Acquisition for Certain Foreign Commercial Satellite Services

(58) DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten as prescribed in 225.7018-5.

(59) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns

(60) (i) DFARS 252.227-7013 Rights in Technical Data–Noncommercial Items

(61) (i) DFARS 252.227-7015 Technical Data–Commercial Items

(ii) Alternate I

(62) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data

(63) DFARS 252.229-7014 Taxes—Foreign Contracts in Afghanistan

(64) (i) DFARS 252.229-7015 Taxes—Foreign Contracts in Afghanistan

(65) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(66) DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions

(67) DFARS 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card

(68) DFARS 252.232-7010 Levies on Contract Payments

(69) DFARS 252.232-7011 Payments in Support of Emergencies and Contingency

(70) DFARS 252.232-7014 Notification of Payment in Local Currency (Afghanistan)

(71) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

(72) DFARS 252.237-7019 Training for Contractor Personnel Interacting with Detainees

(73) DFARS 252.239-7009 Representation of Use of Cloud Computing

(74) DFARS 252.239-7010 Cloud Computing Services

(75) DFARS 252.239-7017 Notice of Supply Chain Risk

(76) DFARS 252.239-7018 Supply Chain Risk

(77) DFARS 252.243-7002 Requests for Equitable Adjustment

(78) DFARS 252.244-7000 Subcontracts for Commercial Items

(79) DFARS 252.246-7003 Notification of Potential Safety Issues

(80) DFARS 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

(81) DFARS 252.246-7008 Sources of Electronic Parts

(82) DFARS 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(83) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

(84) (i) DFARS 252.247-7023 Transportation of Supplies by Sea

(85) DFARS 252.247-7025 Reflagging or Repair Work

(86) DFARS 252.247-7026 Evaluation Preference for Use of Domestic

(87) DFARS 252.247-7027 Riding Gang Member Requirements

(88) DFARS 252.247-7028 Application for U.S. Government Shipping Documentation/Instructions

VIII. ADDITIONAL FAR, DFARS AND MSC CLAUSES VIII-1 – VIII-8

Information Controls

(27) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(28) DFARS 252.247-7027 Riding Gang Member Requirements

(29) DFARS 252.247-7023 Transportation of Supplies by Sea-Basic

(30) DFARS 252.247-7022 Representation of Extent of Transportation by Sea

(31) FAR 52.204-16 Commercial and Government Entity Code Reporting

(32) FAR 52.204-17 Ownership or Control of Offeror

(33) FAR 52.204-18 Commercial and Government Entity Code Maintenance

(34) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(35) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy

(DEVIATION 2020-O0001) (NOV 2019)

(36) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001) (NOV 2019)

(c) Required FAR, DFARS and MSC Clauses (Incorporated By Full Text)

IX. ATTACHMENTS IX-1 – IX-6

(c) Attachment IX(C) - Fuel Consumption Template

(d) Attachment IX(D) - Shipyard Data Information Template

X. INSTRUCTIONS TO OFFERORS X-1 – X-8

XI. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS

(tailored pursuant to FAR 12.302(a)) XI-1 – XI-3

Tax Liability or a Felony Conviction Under any Federal Law

(4) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation

(5) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(a) Required (Incorporated by Reference)

(1) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

MSC TANKTIME 2020 (08-2020) xi

MSC TANKTIME 2020

Vessel(s):

Owner, Unique Entity Identifier (UEI), CAGE, TIN (and TIN of parent, if applicable):

MSC TANKTIME 02 (12/02) I-2

1. Vessel(s) Required:

The vessel requirements are provided as Attachment E - Performance Work Statement (PWS).

FAR 52.212-4(as tailored) has been amended in box 6 to give first precedence to the dry time boxes and attachment E in the ORDER OF PRECEDENCE clause.

2. Place/Range of Delivery:

Mediterranean Sea Range (Piraeus, Greece).

3. Place/Range of Redelivery:

Mediterranean Sea Range (Souda Bay, Crete).

4. Charter Period

The firm period will end 12-months later and there will be three 1-year option periods and one final 11-month period of performance

5. Laydays:

Commencing: 1 October 2021

Cancelling: 15 December 2021

6. Terms/Conditions/Attachments added, deleted or modified:

Box 27 of the SF1449 is not editable; 27 (a) & (b) are as follows:

27 a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

27 b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

AMEND PART II FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) (s) TO READ:

ORDER OF PRECEDENCE (TAILORED)

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

MSC CONTACT INFORMATION.

Vessel(s) :

9. Amendments Acknowledged (amendment numbers and dates):

10. Owner (name, address, phone, e-mail, fax):

CPARS POC, if different from above (name, email):

11. Broker (address, phone, e-mail, fax):

12. Remittance Address for Hire (if other than Box 11)

Full Operational Status (FOS) – Per Day

16. Reserved

17. Delivery/Redelivery Bonuses:

VESSEL DATA

21. Vessel type and, if applicable, MARAD design type:

32. Beam (extreme)

a. ft: b. m:

34. Immersion (on draft in Box 36):

a. ft: b. m:.

36. Summer mean draft:

a. LT: b. t:.

38. Displacement, loaded (on draft in Box 36):

a. LT/in: b. t/cm:

39. Summer Load Line Freeboard:

a. ft: b. m:.

40. Shaft Horsepower:

a.. hp: b. kW:

44. Classification society entered and class assigned:

45. ISM certification? _____Yes _____No If yes, expiration date:

50. MarAd subsidized vessel? _____Yes _____No

51. Oil-pollution liability P&I coverage (maximum USD):

52. Member of ITOPF? _____Yes _____No

CARGO ARRANGEMENTS

55. Number of grades of cargo that can be loaded/discharged simultaneously, using separate lines, pumps, and manifold connections:

56. Cargo cubic capacity (98% full ex slop tanks)

a. Bbls: b. m3:

57. Segregated clean ballast tank cubic capacity (98% full)

a. Bbls: b.. m3:

58. Slop tank capacity (98% full)

a. Bbls: b. m3:

59. List cargo tanks , coating type for each tank, and date of each coating:

SYSTEM DESCRIPTION (bbls and/or m3) (Identify cargo, ballast, and slop tanks)

60.

61. Manufacturer/type/designation of tank coating(s):

64. Distance, bow to center manifold:

a. ft.: b. m:

65. Distance, stern to center manifold:

a. ft.: b. m:

66. Distance, rail to center manifold:

a. ft.: b. m:

67. Distance, deck to center manifold:

a. ft.: b. m:

70. Heating coils/composition (describe):

71. Inert gas system (describe):

72. Vapor recovery system (describe):

PUMPS

73. Number and type of cargo pumps:

74. Capacity of cargo pumps (at 100 psi at manifold):

a. Bbls per hour: b. m3 per hour:

75. Number and type of stripping pumps:

76. Capacity of stripping pumps (at 100 psi at manifold):

a. Bbls: b. m3:

GEAR

77. Number, location, and SWL capacity of winches, derricks, booms, and cranes:

MOORING ARRANGEMENTS

78. Number, location, brake holding power of mooring winches:

79. Number, length, and diameter of wires:

80. Breaking strength of wires:

81. Number, length, diameter of mooring ropes:

82. Breaking strength of mooring ropes:

CASUALTIES / DEFICIENCIES / WARRANTS

83. Has Vessel been involved in any serious grounding or collusion within a period of five years from the submission date of this proposal? If yes, include a full description.

84. Has Vessel been involved in any pollution incident within a period of five years from the submission date of this proposal? If yes, include a full description.

85A. Are any deficiencies lodged by any regulatory body outstanding against the Vessel. If yes, include a full description.

85B. Identify any port(s) in which you have any active arrest warrants or similar actions pending that would either delay the vessel from performing, or otherwise prevent the vessel from free entry/departure.

INSPECTIONS

86. List oil company vetting inspections conducted during the past year and date of expiration.

FUEL CONSUMPTION AT SERVICE SPEEDS

92b. In-port discharge period fuel consumption (net bbls at 60F and grade(s)):

93. Discharge/Ballasting/Deballasting fuel consumption (net at 60F and grade(s)):

Grade: Bbls: m3:

FUEL CONSUMPTION AT VARIABLE SPEEDS

Average fuel consumption (net bbls at 60F for all grades and all engines/auxiliaries utilized while underway over moderate-weather passages at the speed, ranges, and grade(s) indicated)

94: Grades Consumed:

Knots

6>

6>

7>

7>

8>

8>

9>

9>

10>

10>

11>

11>

12>

12>

13>

13>

14>

14>

15>

15>

16>

16>

17>

17>

18>

18>

19>

19>

20>

20>

21>

21>

22>

22>

23>

23>

24>

24>

25>

25>

96. Minimum Vessel fuel specifications:

Box No.

CONTINUATION

97. Space for continuation of responses (refer to prior box numbers)

ADD PART IV(k)(4)) Cadet Training. As required by 46 U.S.C. § 51307, the Owner/Operator shall participate in programs for Merchant Marine cadet training under the sponsorship of, and in accordance with the policies and procedures of, the United States Merchant Marine Academy (USMMA) and shall carry on this vessel at least 2 USMMA cadets, if available, on each voyage. The USMMA will determine whether it has cadets available for cadet training. Cadet wages, berthing, training, subsistence, and transportation shall be solely the responsibility of the Owner/Operator. If USMMA cadets are not available, the Owner shall participate in programs for Merchant Marine cadet training under the sponsorship of, and in accordance with the policies and procedures of, accredited state academies. The state academies will determine whether they have cadets available for cadet training. Available positions shall be distributed as equally as possible among the requesting schools. Cadet wages, berthing, training, subsistence, and transportation shall be solely the responsibility of the Owner.

ADD PART IV (as): Option to Purchase This Time Chartered Vessel (TAILORD) - The Government has an option to purchase the vessel as stated herein. The Government may purchase the vessel following the completion of any contract period provided this option to purchase is exercised by the giving of written notice no later than the end of the then current contract period. "Contract period" means the base period or any option period following the exercise of an option under FAR 52.217-9, including any extension pursuant to FAR 52.217-8. Upon exercise of this purchase option, the Government and the Contractor shall proceed diligently to closing which shall include, inter alia, transfer of title warranted by Contractor to be free of any claims, liens, charges, or other encumbrances of any kind or nature. Closing shall occur no later than thirty (30) calendar days following the end of the contract period in which the option is exercised. The purchase price shall be the GREATER of the contractor's offered purchase price as stated in this time charter contract or the "fair market value" of the vessel at the time this option is exercised. “Fair market Value” shall be determined by an appraiser, appointed and contracted solely by the Government, who shall provide such appraisal no earlier than ninety (90) days prior to the end of the contract period in which this option to purchase is exercised. The vessel shall be delivered to the Government at the place and time designated in the option exercise notice. If the purchase price is the "fair market value" of the vessel, then the vessel shall be delivered in the condition considered by the appraiser in determining the "fair market value." If the purchase price is the contractor's offered option purchase price, then the vessel shall be delivered in the condition that the Government accepted it at the initial time of on-hire under this time charter contract, and previously issued modifications, ordinary wear and tear excepted.

Option to Purchase Price $ ________________________

UPDATE PART (IV) (ae) to add the following: Special Requirements. (NOTE): when submitting an invoice, send an email to: COMSC.TANKERS@NAVY.MIL referencing the invoice number, vessel name, amount of the invoice and a brief description of the nature of the invoice.

ADD PART IV (at): Sovereign Immunity - While performing ship operations, the Contractor shall ensure the Master advises foreign authorities and husbanding agents that the vessel under this contract is a sovereign immune vessel of the United States. These privileges include immunity from arrest or search (whether in foreign internal or territorial waters, or in international waters), immunity from foreign taxation, exemption from any foreign state regulation requiring flying the flag of such foreign state either in its ports or while passing through its territorial sea, and entitlement to exercise exclusive control over persons on board such vessels with respect to acts performed on board. The Contractor shall observe all guidelines found in NAVADMIN 158/16, Sovereign Immunity Policy, ALMSC 020/06 Sovereign Immunity Guidance for MSC Masters, and ALMSC 026/09, Supplemental Sovereign Immunity Guidance, all of which shall be provided upon contract award. The Contractor shall contact the Area Command for the area of operations (AO) should any foreign authority or husbanding agent request information (submission of documents or completion of forms) contrary to the US Navy and MSC sovereign immunity policies.

CALL OUT AMEND PART V (a): Security Clearances: to add the following information: The Master, Chief Officer, and an additional officer (deck or engineering) shall have a completed investigation comparable to at least a National Agency Check and adjudication indicating eligibility for access to SECRET.

CALL OUT PART V (a)(B):Contractor Facility Clearance. The Contractor shall possess a SECRET facilities clearance at time of proposal submission.

CALL OUT PART V(f) Contractor Security (CS) Applies

DELETE PART VI in its entirety and REPLACE with:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

_X_ (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].

_X_ (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 (Nov 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 (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

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

_X_ (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).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 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 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 (Mar2020) (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, Non-manufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (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 (Oct 2020) (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). (Executive Order 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 (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_X_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 (Oct2018) (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)).

_ _ X_ (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).

_X_ (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. chapter67).

__ (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).

_X_ (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) ( 29U.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 (Nov 2020).

__ (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 2015) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 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 (May2014) (41 U.S.C. chapter 67).

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