N3225319R0024-Amendment01.pdf

SEE ADDENDUM

(No Collect Calls)

N3225319R0024 06-Sep-2019

b. TELEPHONE NUMBER

808-342-4711

8. OFFER DUE DATE/LOCAL TIME

07:00 AM 09 Oct 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322539. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOY TRAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PHNSY & IMF

667 SAFEGUARD ST. STE 100

PEARL HARBOR HI 96860-5033

TEL: 808-473-8000 FAX:

FAX:

TEL: 808-473-8000

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3225319R0024

Section SF 1449 - CONTINUATION SHEET

SOLICITATION REQUIREMENTS:

The Commercial Industrial Services (CIS) interior decking contract is intended to be a multiple-award (MAC), indefinite delivery and indefinite quantity (IDIQ) contract with nine (9) separate interior decking categories and a five (5) year span. The offeror shall indicate on the chart below which decking types are included in the proposal.

In order to be awarded a base contract, the offeror shall include at least five (5) separate decking types. Any proposal that does not include at least five (5) decking types will be rejected.

Decking Type: Included: Not Included:

1 CERAMIC TILES (QUARRY AND/OR PORCELAIN)

2 WEAR-RESISTANT DECK TILES, MIL-PRF-32150

3 CHEMICAL-RESISTANT FLOORING, MIL-PRF-32584

4 ELECTRICAL GRADE SHEETING AND MATTING, MIL-DTL-

13562

5 SOLID VINYL AND VINYL COMPOSITION TILE

6 COSMETIC POLYMERIC (PRC), MIL-PRF-24613

7 REPAIR OF EXISTING DECK COVERING SYSTEM

8 DECK COVERING SYSTEM WITH INSULATING DECK

COVERING UNDERLAYMENT MATERIAL CONFORMING TO

MIL-D-18873 OR MIL-D-23134

9 REPAIR OF DECK COVERING SYSTEM WITH INSULATING

DECK COVERING INSULATING UNDERLAYMENT MATERIAL

CONFORMING TO MIL-D-18873 OR MIL-D-23134

CEILING RATES:

1.) Regarding the rates included in the proposal, the offeror shall provide fully burdened decking rates per square foot per year. These rates will be used in negotiating task orders, growth work and new work to be performed under this IDIQ-MAC. The fully burdened decking rates will serve as the ceiling rates for this contract. This single ceiling rate shall be applied to all working shifts.

2.) The fully burdened decking rates proposed by the offeror shall include those support functions (whether charged directly or indirectly by the offeror’s accounting systems) which are herein defined as support for production functions. Support functions shall be considered included in the offeror’s fully burdened rates. Labor hours for the below support functions shall not be separately proposed in any circumstance, including in support of subcontractors. Examples of support functions include but are not limited to: testing, quality assurance, execution planning, cleaning, surveying, administration.

3.) The fully burdened rate shall also include all wages, overhead, general, and administrative expenses, Facilities

Capital Cost of Money (FCCOM) and profit. The fully burdened rate represents the ceiling for the blended rate to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control.

4.) Consumable materials are goods used in the ordinary course of work performance such as office supplies, paper, rags, vehicle or equipment fuel costs, cleaning chemicals, disposable tools, welding rods, paint buckets, paint brushes, protective clothing, etc. that are consumed/used in the process of repair and do not become an integral part of the repaired vessel. Consumable material shall be included in the contractor’s fully burdened rate and not separately priced.

5.) Subcontractor rates shall not exceed the contractor’s ceiling rate.

6.) The offeror shall indicate in the tables below their fully burdened decking rates, by decking type and per year.

Decking Type: Year

1:

Year

2:

Year

3:

Year

4:

Year

5:

1 CERAMIC TILES (QUARRY AND/OR

PORCELAIN)

2 WEAR-RESISTANT DECK TILES, MIL-

PRF-32150

3 CHEMICAL-RESISTANT FLOORING, MIL-

PRF-32584

4 ELECTRICAL GRADE SHEETING AND

MATTING, MIL-DTL-13562

5 SOLID VINYL AND VINYL COMPOSITION

TILE

6 COSMETIC POLYMERIC (PRC), MIL-PRF-

24613

7 REPAIR OF EXISTING DECK COVERING

SYSTEM

8 DECK COVERING SYSTEM WITH

INSULATING DECK COVERING

UNDERLAYMENT MATERIAL

CONFORMING TO MIL-D-18873 OR MIL-

D-23134

9 REPAIR OF DECK COVERING SYSTEM

WITH INSULATING DECK COVERING

INSULATING UNDERLAYMENT

MATERIAL CONFORMING TO MIL-D-

18873 OR MIL-D-23134

CONTRACT MINIMUM/MAXIMUM

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $13,000,000.00

ITEM NO SUPPLIES/SERVICES MAX

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

UNDEFINED Square

Foot

CERAMIC TILES

FFP

QUARRY AND/OR PORCELAIN

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

CLIN

WEAR-RESISTANT DECK TILES

MIL-PRF-32150

UNIT UNIT PRICE MAX AMOUNT

CLIN

CHEMICAL-RESISTANT FLOORING

MIL-PRF-32584

UNIT UNIT PRICE MAX AMOUNT

CLIN

ELECTRICAL GRADE SHEETING& MATTING

MIL-DTL-13562

UNIT UNIT PRICE MAX AMOUNT

CLIN

SOLID VINYL AND VINYL COMPOSITION TILE

UNIT UNIT PRICE MAX AMOUNT

CLIN

COSMETIC POLYMERIC (PRC)

MIL-PRF-24613

UNIT UNIT PRICE MAX AMOUNT

CLIN

REPAIR OF EXISTING DECK COVERING SYSTEM

UNIT UNIT PRICE MAX AMOUNT

CLIN

DECK COVERING SYSTEM WITH INSULATING

DECK COVERING SYSTEM WITH INSULATING DECK COVERING

UNDERLAYMENT MATERIAL CONFORMING TO MIL-D-18873 OR MIL-

D-23134

UNIT UNIT PRICE MAX AMOUNT

CLIN

REPAIR OF DECK COVERING SYSTEM

REPAIR OF DECK COVERING SYSTEM WITH INSULATING DECK

COVERING INSULATING UNDERLAYMENT MATERIAL CONFORMING

TO MIL-D-18873 OR MIL-D-23134

UNIT UNIT PRICE MAX AMOUNT

CLIN

SLIP RESISTANT DECK COVERING

INSTALL SLIP RESISTANT DECK COVERING (PEEL AND STICK

NONSKID) CONFORMING TO SOW.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 04-NOV-2019 TO

01-NOV-2024

N/A PHNSY & IMF

667 SAFEGUARD ST. STE 100

PEARL HARBOR HI 96860-5033

808-473-8000

N32253

0002 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 04-NOV-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

52.212-3 Offeror Representations and Certifications--Commercial

Items

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-1 Small Business Program Representations OCT 2014

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.217-7012 Liability and Insurance AUG 2003

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP

2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the

Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and

Service clause in this contract.

FAR 52.212-1 (DEV) (ADDENDUM)

***Funds are not presently available. The Government intends to award the contract upon the availability of Fiscal

Year (FY) 2020 appropriated funds. ***

(a) A multiple award indefinite-delivery, indefinite quantity contracts will be awarded under full and open competition, with two or more contract awards reserved for small business concerns. Task orders will be set aside for small business concerns when there is a reasonable expectation that offers will be obtained from at least two responsible small business concerns offering the products of different small business concerns, and award will be made at fair market prices.

(b) Definitions. As used in this provision –

(1) “In writing” or “written” means any worded or numbered expression which can be read, reproduced and later communicated and includes electronically transmitted and stored information.

(2) “Proposal modification” is a change made to a proposal before the solicitation’s closing date-and time, or made in response to an amendment, or made to correct a mistake at any time before award.

(3) “Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of discussions.

(4) Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and Federal legal holidays. However, if the last day falls on a Saturday, Sunday or Federal holiday, then the period shall include the next working day.

(c) Proposals shall conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the proposal shall be clearly written and logically assembled.

(d) The proposal must be sufficiently detailed and complete to demonstrate an understanding of, and the ability to comply with, all the requirements included in the statement of work (SOW) (Attachment 1). The proposal shall demonstrate an understanding of the ability to comply in a concise logical manner, and shall not contain superfluous material. Conclusory statements “that the Offeror can or will comply with the requirements,” “Standard procedures will be used,” “well known techniques will be used,” or statements that merely paraphrase the SOW in whole or in part do not constitute compliance with requirements concerning the content of technical proposals. This may result in the rejection of the proposal as technically unacceptable.

(e) Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete effective response to this solicitation are not desired. The content may be construed as an indication of the Offeror’s lack of conscientiousness. Elaborate artwork, expensive paper and bindings and expensive visual and other presentation aids are not desirable.

(f) The level of detail to be presented in response to each section of the outline presented herein is left to the discretion of the Offeror. Information must be presented in the order specified and in sufficient depth for the

Government to make a comprehensive evaluation of the Offeror’s understanding of, and capability to perform, the solicitation requirements.

(g) If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(h) The following conditions apply with respect to submission, modification, revision and withdrawal of proposals:

(1) Proposals and revisions of proposals shall be submitted electronically, citing the solicitation number and its latest amendment (if any);

(2) Offerors are responsible for submitting proposals and any revisions by the time specified in the solicitation.

Offerors are responsible for verifying receipt by the Government of proposals;

(3) Any proposal modification or revision not received by the exact date and time specified for receipt is late and will not be considered. The solicitation will close at the exact date and time specified in the solicitation and Offerors will not be able to submit proposals after that time;

(4) Proposals may be withdrawn by written notice received by the Contracting Officer prior to contract award;

(5) The offeror must propose at least five (5) decking types listed in the SOW.

(6) Offerors shall submit proposals in response to this solicitation in English and in U.S. dollars;

(7) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time. In the event an amendment to the solicitation requires Offerors to submit proposal revisions, the amendment will provide instructions for submittal; and

(8) Unless requested or allowed in writing by the Contracting Officer, Offerors may not submit revised proposals after the solicitation closing date.

(i) Proposals in response to this solicitation shall be valid for 60 days.

(j) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want to be disclosed to the public for any purpose or used by the Government except for evaluation purposes shall:

(1) Mark the title page with the following legend: “This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of, or in connection with, the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the

Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”; and

(2) Mark each sheet of data it wishes to restrict with the following legend: “Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

ADDITIONAL INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL

Each Offeror must submit (1) an offer, (2) information that pertains to the evaluation criteria, and (3) supporting cost/price data. The Government will evaluate each Offeror’s understanding of the solicitation requirements and its ability to perform the work on the basis of its proposal. It is the Offeror’s responsibility to provide information and evidence that clearly demonstrates their ability to respond satisfactorily to the solicitation requirements.

1.1 QUESTIONS

It is the Offeror’s responsibility to bring to the attention of the Contracting Officer any ambiguities, discrepancies, inconsistencies or conflicts between the SOW and other solicitation documents attached hereto or incorporated by reference. All questions, ambiguities, discrepancies, inconsistencies or conflicts shall be submitted via e-mail by

7:00 AM Hawaii Standard Time on the seventh (7th) business day from solicitation release date.

1.2 AWARD DATE

For proposal purposes, the estimated date of contract award is on or around 30 October 2019. The Government reserves the right to award sooner or later and will adjust the period of performance as necessary.

2.0 INSTRUCTIONS FOR SUBMISSION OF OFFERS

2.1 GENERAL

Proposals must be submitted by the solicitation closing date and time specified on the cover page of this solicitation.

Offerors must comply with the detailed instructions for the format and content of the proposal. Proposals that do not comply with the detailed instructions for the format and content of the proposal may render the Offeror ineligible for award. Failure to submit a complete proposal prior to the solicitation closing date and time may render the proposal late and unacceptable.

2.2 PROPOSAL SUBMISSION

1.) Proposals shall be submitted by email to the primary point of contact and the secondary point of contact no later than 08 October 2019 at 10:00 AM HST.

2.) The primary point of contact (POC) for this contract is Joy Tran, (808) 342-4711, joy.tran@navy.mil. Secondary

POC’s for this contract is Robert D. Jones, (808) 473-8000 ext. 5303, robert.d.jones11@navy.mil and Ronnie

Roscoe, (808) 473-8000 ext. 2576, ronnie.roscoe@navy.mil.

3.) Offerors are to provide response to clause FAR 52.222-52 included in the solicitation.

2.3 PROPOSAL FORMAT

In order to maximize efficiency and minimize the time for proposal evaluation, all Offerors shall submit their proposal in accordance with the format and content specified. The proposal shall be prepared so that if printed, the proposal meets the following format requirements:

(a) 8.5 x 11-inch paper;

(b) Single-spaced typed lines;

(c) Each page shall be labeled with the name of offeror, the date, and the Solicitation number;

(d) A page is defined as a typed page of the proposal document, i.e., one sheet of paper with typing on one side;

(e) No graphics or pictures other than graphs/tables/charts as may be required or necessary;

mailto:joy.tran@navy.mil mailto:robert.d.jones11@navy.mil mailto:ronnie.roscoe@navy.mil

(f) Tables/Graphs/Charts are allowed for the staffing plan;

(g) 1-inch margin;

(h) 12-point Times New Roman Font text (10-point font permitted in necessary graphs, charts);

(i) No hyperlinks;

(j) All filenames shall include the Offeror’s company name and title/subject of file content; all files shall be named with the file extension .doc, .docx, .xls, .xlsx, .ppt, .pptx or .pdf;

(k) Instructions regarding the use of certain electronic products (e.g., Microsoft Office, Adobe) listed herein shall not be construed as Government endorsement of specified products;

(l) Any other attached documents requested herein shall be compatible with Microsoft office;

(m) Compression tools are limited to PKZip or WinZip. It is the responsibility of the Offeror to ensure that the Government can open the compressed files;

(n) Offerors shall have all subcontractors submit proposal information in a uniform format consistent with the above instructions; and

(o) Pages in excess of the following detailed proposal page limits will not be considered for evaluation.

2.3.1 PAGE NUMBERING

The Offeror shall use a standard page numbering system to facilitate proposal references. Charts, graphs and other insert materials shall be page numbered as part of the page numbering system.

2.3.2 PAGE LIMITATIONS

The proposal shall be limited to 50 pages. Excess pages will not be considered in proposal evaluation. Each side of a single sheet displaying printed material shall count as one page. Graphs, charts, and tables are included in the page count. The following are not included in the page limitations:

(a) Title/Cover pages and brief introductory;

(b) Tables of contents;

(c) Glossaries of abbreviations and acronyms

2.3.3 COVER PAGE & TABLE OF CONTENTS

Each proposal must include a Cover Page and a Table of Contents. The Cover Page shall identify the solicitation number, amendment number, the date, and the Offeror’s name.

2.3.4 GLOSSARY OF ABBREVIATIONS AND ACRONYMS

Each proposal shall contain a glossary which includes all abbreviations, acronyms and their corresponding definitions.

3.0 PROPOSAL EVALUATION DELIVERABLES

Proposals shall be evaluated based on lowest price technically acceptable. The Offeror shall submit a detailed narrative statement that describes their proposed processes, methodologies and all other relevant information regarding how they intend to complete each of the decking types being proposed on. The proposal shall also provide a breakdown of how the fully burdened rates for each decking type was derived.

3.1 QUALITY MANAGEMENT SYSTEM

Offerors shall submit their Quality Management System (QMS) at the time of proposal submission. Proposal submissions without a QMS will be deemed non-responsive. QMS shall be submitted in accordance with reference

C.1.1.(a) in the SOW (attachement 1) and and the most current International Organization for Standardization

(ISO).

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government intends to award a multiple award, indefinite-delivery, indefinite-quantity (IDIQ) firm-fixed price contract type with a five (5) year ordering period to the responsible offeror (s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

EVALUATION FOR AWARD:

The Government intends to award contract(s) on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standard for the non-price factor, Factor 1 below.

Rating for non-price factor, Factor 1 below, must be “ACCEPTABLE” in order to be eligible for award.

Weaknesses and/or deficiencies that will lead to an “UNACCEPTABLE” rating must be corrected during discussions in order to receive an “ACCEPTABLE” rating. An “UNACCEPTABLE” rating for the non-price factor, Factor 1 below, makes a proposal ineligible for award.

EVALUATION FACTORS

(a) The Government shall evaluate proposals in accordance with the factors described below. The evaluation factors represent key areas of importance to be considered in the source selection decision.

(b) The following factors shall be evaluated:

Factor 1: Technical Approach/Management

Factor 2: Total Price

Factor 1 – Technical Approach/Management

The proposal shall include a narrative statement that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing the complexity and magnitude of each work item in the solicitation. The proposal must contain sufficient details so that it may be evaluated in accordance with the work specifications and comply with the period of performance set forth in the solicitation.

The evaluation will result in a single rating of “Acceptable” or “Unacceptable.”

Acceptable/Unacceptable Ratings

Rating Description

Acceptable Proposal meets the minimum requirements of the solicitation.

Unacceptable Proposal does not meet the minimum requirements of the solicitation

Factor 2 – Price

Awards shall be made based on the lowest evaluated price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. 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.

(End of provision)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509).

X (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.)

X (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).

X (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. (Oct 2015) (31 U.S.C. 6101 note).

X (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]

____ (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.

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 (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)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (NOV 2011) (15 U.S.C.

657f).

X (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)).

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

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

X (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.

X (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.

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

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

13496).

X (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).

X (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.

X (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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (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).

X (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).

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (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).

Employee Classification Basic Hourly Rate Fringe Hourly Rate Wage Total

Shipwright $32.22 $33.30 $65.52

Sandblaster $30.26 $33.30 $63.56

Painter $30.26 $33.30 $63.56

Laborer $22.25 $33.30 $55.55

Insulator $32.22 $33.30 $65.52

_____ (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).

X (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).

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

X (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) 52.219-8, 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.

(v) 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.

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

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