N4008420R8701.pdf

SEE ADDENDUM

(No Collect Calls)

N4008420R8701 20-Dec-2019

b. TELEPHONE NUMBER

315-264-3144

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 31 Jan 2020

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 X 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.

N400849. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MIDORI OTOMO

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

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

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

ACQR5749489

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

NAVFAC FAR EAST

FEAD ATSUGI

PSC 477 BOX 15

FPO AP 96306-0001

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 N40084 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD ATSUGI

PSC 477 BOX 15

FPO AP 96306-0001

TEL: FAX: 0467-63-3345

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

811310

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 OF60

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.

N4008420R8701

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each Base Period (Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Base Period (Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) A001 through A024.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5749489

NET AMT

0002 Each Base Period (Non-Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Base Period (Non-Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) A700 through A711.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0003 Each OPTION Option Period 1 (Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 1 (Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) B001 through B024.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0004 Each OPTION Option Period 1 (Non-Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 1 (Non-Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) B700 through B711.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0005 Each OPTION Option Period 2 (Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 2 (Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) C001 through C024.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0006 Each OPTION Option Period 2 (Non-Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 2 (Non-Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) C700 through C711.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0007 Each OPTION Option Period 3 (Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 3 (Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) D001 through D024.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0008 Each OPTION Option Period 3 (Non-Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 3 (Non-Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) D700 through D711.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0009 Each OPTION Option Period 4 (Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 4 (Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) E001 through E024.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

0010 Each OPTION Option Period 4 (Non-Recurring)

FFP

MAINTENANCE FOR FIRE PROTECTION SYSTEMS, INTRUSION

DETECTION SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS AND

VARIOUS ELECTRICAL AND COMMUNICATION SYSTEMS FOR THE U.S.

NAVAL AIR FACILITY, ATSUGI, JAPAN AND COMBINED ARMS

TRAINING CENTER, CAMP FUJI, JAPAN

The contractor shall furnish all labor, equipment, materials, transportation, supervision, and any other necessary work to accomplish the requirements in accordance with the terms and conditions of this contract including the attachments.

The price for this Contract Line Item Number (CLIN) is the total of all line items being awarded for the Option Period 4 (Non-Recurring) —i.e. the total of Exhibit Line Item Numbers (ELINs) E700 through E711.

The price of this CLIN is expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen.

TOTAL AMOUNT

TOTAL AMOUNT OF ITEMS NO. 0001 THROUGH 0010

(BASE PERIOD THROUGH FOURTH OPTION PERIOD) (JPY)

DESCRIPTION / NOTES

This solicitation is a Request for Proposals (RFP) soliciting proposals to provide the commercial services detailed in the attached Performance Work Statement. The Government will evaluate proposals and award Firm Fixed Price (FFP) task orders for recurring and non-recurring work under a basic Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for a base period of one year.

a) Vendors must be duly authorized under the laws of Japan to conduct business. The U.S. Government will not offer Status of Forces Agreement status to the awardee under this RFP.

b) Award will be made to the responsible Offeror submitting the Lowest Price Technically

Acceptable (LPTA) quotation.

c) Vendors interested in providing a proposal should refer to the proposal submittal requirements under FAR Clause 52.212-1, Instructions to Offerors – Commercial Items.

ADDENDUM TO SPECIFICATION

INVOICING INSTRUCTION

a. Invoicing. Contractor’s invoice for services performed shall be submitted to the Contracting Officer or his/her representative no more than once a month on NAVFAC 7300/30(rev NOV 2010), Attachment 1 (J-0200000-05).

b. Payment. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. Upon verification of the work actually performed and after receipt of required Contractor submittal, invoices will be processed for payment.

c. Submit a monthly invoices for the recurring work and a separate invoice for each task order via the system

Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT), available in the Wide Area Workflow (WAWF) e- Business Suite in accordance with the instructions in the DFAS clause 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018). Attach the completed NAVFAC 7300/30 (rev NOV 2010) form and any other supporting documents with invoices submitted in iRAPT.

NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES

Non-Recurring work may be ordered at the prices offered by one of the following ways:

1) by the issuance of a task order by the issuing activity using a DD Form 1155 “Order for Supplies and Services” in accordance with the Procedure for Issuing Order clause. The DD Form 1155 will reflect an order for one CLIN, the quantity ordered will be 1, a unit price, and an extended amount. The unit price and the extended amount reflected in teh CLIN is the sum of the Exhibit Line Itsm Numbers (ELINs) being ordered, which will be provided to the contractor as a part of the task order; or

2) by an authorized Government user via a Government- wide Commercial Purchase Card (GCPC). When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the ELINs, Attachment 2 (J-0200000-08) without additional markup or handling fee; or

3) by an authorized Government user via FedMall. When receiving orders against the schedule, the contractor shall provide the supplies and services at the pricing provided in the ELINs, Attachment 2 (J-0200000-08) without additional markup or handling fee.

Once the estimated quantities for individual line items shown in the ELIN list have been ordered, additional quantities may be ordered as long as the overall Not-to-Exceed (NTE) amount of the contract per year is not exceeded and the contractor agrees by signing the task order, or by modification.

Any unused estimated amount under the Non-Recurring Work from the current year may be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract price for all years is not exceeded.

SCHEDULE OF WORK (RECURRING AND NON-RECURRING)

a. Offerors shall enter amounts (unit prices and totals) for Contract Line items Numbers (CLINs) and Exhibit

Line Item Numbers (ELINs) as indicated in the Schedules provided in Attachment 2 (J-0200000-08) for recurring and non-recurring.

b. In the event that there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly. The CLIN, which includes recomputed contract SLINs or ELINs, will also be recomputed to take into account the change in the contract SLIN or ELIN. If the offeror provides a total amount for a CLIN, SLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN, SLIN or ELIN will be held to be the intended unit price.

c. In the event that there is a difference between the hard copy and Microsoft Excel format version of the price proposal, the hard copy price proposal will be held to be the intended offer and the total of the CLINs, SLINs or ELINs will be recomputed accordingly.

d. Offerors shall provide pricing in Japanese Yen. The contract will be awarded in a U.S. Dollar ($) amount value for the administrative convenience of the U.S. Government. Payment will be made in a Japanese Yen.

INSURANCE

The contractor is required to provide insurance within 15 calendar days after contract award as stated in Attachment 1, 0200000, 2.3.5. The contract awardee shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified in Attachment 1, 0200000, 2.3.5.2. This insurance must be maintained during the entire performance period under this contract.

1. Comprehensive general liability: 50,000,000 yen per occurrence

Certificate of Insurance shall indicate Contract Number, Contract Title, Insurance Limit, and Insurance coverage. Certificate of insurance shall have an original signature and provide for at least 30 days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.

2. Automobile liability: 20,000,000 yen per person, 50,000,000 yen per occurrence for bodily injury, 2,000,000 yen per occurrence for property damage.

3. Workmen's compensation: As required by Japanese law or Federal and State workers compensation and occupational disease laws

4. Employer’s liability coverage of 10,000,000 yen.

5. Others as required by Japanese law.

PRE-PERFORMANCE CONFERENCE

Within 30 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

CUSTOMS AND TAX EXEMPTION

In accordance with the Status of Forces Agreement, the U.S. Government is entitled to an exemption from Japanese customs duties and Japanese commodity and gasoline taxes. The Contractor warrants that all taxes and customs duties pertinent to the procurement for which the U.S. Government is exempt have been excluded from the contract price. The Contractor is required to submit a request in writing to the Contracting Officer for issuance of an import or tax exemption certificate, as appropriate, relieving the Contractor from such customs duties or taxes. Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

CONSUMPTION TAX EXEMPTION

CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES BY

THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988]

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the "The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan" (SOFA), have agreed upon procedures for exempting the United States from the Japanese Consumption Tax on goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase and at the same time provide the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) The exemption from the Japanese Consumption Tax applies not only to prime contractors, but also subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or foreign firm.

(d) By the submission of their offer, the offeror certifies that the Japanese Consumption Tax is not included in the bid/proposal/quote price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in USFJ Instruction 51-5 that may be obtained from the Procuring Contracting Office.

(End of NAVFAC Language)

CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (FEDMALL)

The contractor is required to offer indefinite quantity (IQ) pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Governmentwide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DoD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.

The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx.

The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.

The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities.

PAPERLESS CONTRACTING

a. The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the internet, computer diskettes, CD-ROM, or electronic mail (e- mail) in place of paper documents to award, solicit, or administer a contract.

b. In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

c. The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents which may be required to be exchanged electronically include, but are not limited to, task orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the contracting officer’s direction may be granted in unusual circumstances with the prior approval of the contracting officer.

d. Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

e. For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel and Word), Adobe Acrobat, and AutoCAD.

GOVERNMENT REPRESENTATIVES

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

X The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE

The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.

Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:

CLIN 0001, Base Period recurring work;

Minimum gurarantees do not apply to option periods.

(End of NAVFAC language)

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

INSPECTION

1. PERFORMANCE EVALUATION

Contractor’s performance will be evaluated in accordance with the performance standards identified within the Performance Work Statement (PWS). The evaluation will use the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contract information current.

After contractor performance evaluation is prepared and completed it will be placed in the Federal Government’s Past Performance Information Retrieval System (PPIRS) for use by contract specialist and source selection officials when considering contractors for award of new contracts. On-line training for contractor personnel is available on the website.

2 ACCEPTANCE

The performance and quality of work delivered by the contractor, including services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Government.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2020 TO

30-APR-2021

N/A NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD ATSUGI

PSC 477 BOX 15

FPO AP 96306-0001

N40084

0002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-MAY-2023 TO

30-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAY-2023 TO

30-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-MAY-2024 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-MAY-2024 TO

30-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.237-7019 Training for Contractor Personnel Interacting with Detainees JUN 2013 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

252.247-7023 Transportation of Supplies by Sea FEB 2019 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDUM TO FAR 52.212-4

ADDENDUM 52.212-4 PARAGRAPH (W)

FAR 52.2124-4, Addendum to add paragraph (w) Conciliation

(w) Conciliation.

a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.

b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1. A request for conciliation by the Joint Committee, however, shall not toll the time periods allowed under the Contract Disputes Act for appealing a contracting officer’s final decision to either the Armed Services Board of Contract Appeals or U.S. Court of Federal Claims.

c. Upon filing a request for conciliation with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing of the request.

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 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) 52.204-25, 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.)

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).

____ (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).

___ (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.

____ (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)).

____ (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 (NOV 2011) (15 U.S.C.

657f).

____ (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)).

____ (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).

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

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

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

____ (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.

____ (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.

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

____ (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).

X (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).

X (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).

X (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.

X (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).

X (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.