2.05_N6883622Q02280002.pdf

N0002222AUTEC02

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Change the solicitation from 100% Small Business Set Aside to Unrestricted.

2. Extend the due date/time of the solicitation to 11AM local Jacksonville, FL time on Wednesday, August 10, 2022.

All other terms and conditions of this RFQ remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 28-Jul-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N6883622Q0228

X 9B. DATED (SEE ITEM 11)

20-May-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

28-Jul-2022

CODE

NAVSUP FLC JACKSONVILLE CONTRACTS DIV

KIMBERLEY SANDERS

110 YORKTOWN AVE 3RD FLOOR

JACKSONVILLE FL 32212

N68836 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6883622Q0228

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

The following have been modified:

52.212-1 ADDENDUM

Addendum to 52.212-1 Instructions to Offerors-Commercial Items.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

The Government intends to post solicitation N6883622Q0228 and all amendments to NECO and SAM.gov.

QUESTIONS

Questions regarding the solicitation should be submitted via email to Tracie Griner (Tracie.D.Griner.civ@us.navy.mil) and Kimberley Sanders (Kimberley.A.Sanders.civ@us.navy.mil). Each question or comment should reference the applicable document, page number, and paragraph number. Offerors shall not include any proprietary information in a question, because the Government will provide the question and answer to all potential offerors. All questions must be submitted no later than 2 August 2022 11:00 AM EDT.

The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the proposal timeframe.

HISTORICAL DATA

Incumbent: None. This is a new requirement.

(a) North American Industry Classification System (NAICS) code and small business size standard. This procurement is being solicited as Unrestricted, Full and Open Competition. See block 10 of the SF1449 for the North American Industry Classification Code System (NAICS), and the Small Business Size Standard.

(b) Submission of offers. Offerors shall submit offers in PDF format by volume as described below. Each volume shall contain a cover sheet with #1 and #3 below.

The offer shall contain the following information:

1. Solicitation number as indicated on page one (1) of the SF1449, Block 5 and the Title of the procurement.

2. Time specified for receipt of offers: Offerors shall ensure that offers are received by the Government point of contact no later than the date and time indicated on page one (1) of the SF1449, Block 8.

3. Name, title, e-mail address, and telephone number of the individual(s) with authority to bind the company.

Offeror’s POC information for contractual questions/discussions. CAGE Code, Unique Entity ID (UEI), Business Size, and GSA Contract Number if applicable.

4. Technical Description: See volumes below.

5. Terms of any express warranty: Not modified.

6. Provide Price and any discount terms as described in Price Volume.

7. “Remit to” address: The Offeror shall submit all volumes of its offer via electronic mail (e-mail) to Tracie Griner (Tracie.D.Griner.civ@us.navy.mil) and Kimberley Sanders (Kimberley.A.Sanders.civ@us.navy.mil). DO NOT SUBMIT OFFERS VIA PIEE.

Note: Offerors interested in submitting offers must register at https://SAM.gov. Representations and certifications: See Contractor Responsibility Volume.

8. Acknowledgment solicitation amendments: All amendments issued with signatures to acknowledge terms and conditions of amendments. Acknowledgement of all amendments issued to the solicitation shall be signed, and dated.

9. Past performance information , when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information ).

10. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Offers shall be submitted in volumes as follows:

Volume I – Price There is no page limit for Volume I submission

Offerors shall submit the following:

1. Standard Form (SF) 1449. Blocks 17a, 30a, 30b, and 30c of page one (1) of SF 1449 shall be completed and signed to show the Offeror has read and agrees to comply with all terms, conditions, and instructions provided in the solicitation document.

2. Price Offer. The Offeror shall fill in the price schedule and include unit prices. The unit price should be evenly incremented so that it adds up to the total price without rounding past the second digit right of the decimal point for total prices for all contract line items (CLINs). Pricing shall be structured in accordance with the contract line items identified in the SF 1449 bid schedule.

Volume II – Technical Capability Volume II is limited to 10 pages

Offerors shall demonstrate an understanding of the solicitation requirements by providing the following:

1. A statement outlining the offerors’ facilities, equipment, and staffing plan that provides sufficient evidence that they have a clear understanding of the solicitation and are able to meet the minimum requirements and qualifications set in the solicitation.

Each technical capability element must provide sufficient evidence that the Offeror has a clear understanding of the solicitation and are able to meet the minimum requirements and qualifications set forth in the PWS.

Volume III – Past Performance Volume III is limited to 20 pages

The Offeror shall provide a maximum of three (3) relevant past performance evaluations of similar size, scope and complexity to services set forth in the PWS and completed within the past three (3) years prior to the solicitation closing date (See Block 8 of the SF1449). If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available which meets the requirements identified above, it shall be submitted with the offer.

If a CPARS is not available, then the Offeror shall submit a completed Past Performance Reference Questionnaire (PPQ) (Attachment 1) for each reference submitted. At the PPQ customer/client’s request, PPQs may be submitted directly to the Government’s point of contact by the date and time offers are due to ALL of the following:

Tracie Griner at tracie.d.griner.civ@us.navy.mil Kimberley Sanders at Kimberley.A.Sanders.civ@us.navy.mil

Offers shall not incorporate by reference PPQs previously submitted for other solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

The Offeror is responsible for providing the Past Performance Questionnaire to their references for completion.

Offerors may submit a combination of delivery orders (DOs), task orders (TOs), technical direction letters (TDLs), and/or technical area tasks (TATs) placed under an Indefinite Delivery type contract or BPA as one of the examples of past performance, however, no more than five (5) total will be reviewed. Each individual example in the combination must meet the requirements listed above.

If no recent (within the past three years prior to solicitation closing date), relevant past performance is available the Offeror shall affirmatively state that it possesses no recent or relevant past performance.

Note: An incomplete PPQ may not be evaluated.

Volume IV Contractor Responsibility There is no page limit for Volume IV submission

1. Representation and Certifications. Offerors shall either complete the following provisions contained in the solicitation OR provide a statement that certification in System for Award Management (SAM) is current, complete, and accurate as of the date of the Offeror’s signature, or list any changes as they relate to the following provisions:

FAR 52.212-3

FAR 52.209-11

DFARS 252.204-7016

2. No Exception. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

3. Limitations on Subcontracting. Offeror shall affirmatively state that they intend to meet the requirements outlined in FAR 52.219-14, Limitations on Subcontracting (Sep 2021) (Deviation 2021-O0008).

4. Financial Letter. A letter from the Offeror’s financial institution that indicates that the Offerr has adequate financial resources to perform the contract;

5. Organization. A description of the Offeror organization, accounting, and operational controls to meet the requirement.

Note: After the solicitation closing date, the Contracting Officer may require an Offeror to promptly submit additional information to demonstrate the Offeror is responsible.

AWARD NOTICE TO SUCCESSFUL OFFEROR

A written notice of award or acceptance of an Offer will be emailed to the successful Offeror. Before the Offeror’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.

Failure to submit all required documentation shall render an offer non-responsive and the offer will not be considered for award.

(c) Period for acceptance of offers. Offeror agrees to hold their prices firm for a period of 120 calendar days from date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

(d) Product samples. Not modified.

(e) Multiple offers. Not modified.

(f) Late submissions, modifications, revisions, and withdrawals of offers. Not modified.

(g) Contract award. Not modified.

(h) Multiple awards. Not modified.

(i) Availability of requirements documents cited in the solicitation. Not modified.

(j) Unique entity identifier. Not modified.

(k) Reserved.

(l) Debriefing. Not modified.

ATTACHMENTS: The following documents are provided as attachments and are considered part of this solicitation:

Attachment 1: Past Performance Reference Questionnaire

Basis of Evaluation-Commercial Products and Commercial Services

The Government intends to award a firm-fixed-price contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be the most advantageous to the government, price and other factors considered. Technical capability and past performance when combined, are approximately equal to price.

Each offer shall be in the form prescribed by, and shall contain a response to, each of the areas identified in the solicitation provision entitled “FAR provision 52.212-1 Addendum, Instructions to Offeror’s- Commercial Products and Commercial Services.”

The type of source selection utilized in this procurement is the Best Value Trade-Off IAW Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and Part 13 Simplified Acquisition Procedures. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offer or other than the highest technically rated offer. The Government reserves the right to make award solely on initial offer received.

Initially, offerors shall be listed in order of price from lowest to highest, inclusive of all option pricing.

Technical Capability and Past Performance will be evaluated and appropriate adjectival ratings will be assessed in order from lowest priced to highest priced.

Once an offeror is found to have an Acceptable rating in Technical Capability with an overall Past

Performance Confidence Assessment rating of “Substantial Confidence” the evaluation process will stop.

Further consideration will not be given to other offers and the Government shall then make an integrated Best Value award decision amongst the offers evaluated.

Note: Price has the potential to become more significant during the evaluation process. The degree of importance of price will increase with the degree of equality of the offers in relation to the other factors on which selection is to be based.

Price - The Government will evaluate price in accordance with FAR 13.106-3(a), Award and Documentation. The Government may evaluate any and all information submitted by the offeror to support the reasonableness of the prices offered. The method of evaluation used is solely within the discretion of the Contracting Officer.

Price will be evaluated by multiplying the estimated quantities by the offered unit price for each line item and then adding the totals together thereby identifying the offeror’s total estimated price for each line item.

The Government will evaluate offers for award purposes by adding the total price for all options including FAR 52.217-8, Option to Extend Services 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).

Note: Offerors that do not offer all items (including options) or which offer only partial CLIN pricing will be considered non-responsive. Failure to furnish the price in accordance with the instructions above shall render the offer unacceptable.

Technical Capability: The technical rating reflects the degree to which the proposed approach meets or does not meet the minimum performance or capability requirements. For an offer to be found technically acceptable, the offer must clearly meet the minimum requirements of the solicitation. Failure to provide the following will result in an unacceptable rating:

1. A statement outlining the offerors’ facilities, equipment, and staffing plan that provides sufficient evidence that they have a clear understanding of the solicitation and are able to meet the minimum requirements and qualifications set in the solicitation.

If the offeror is found to be “Unacceptable”, then the offeror will be removed from further consideration of the award.

Acceptable (A)

The offer meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is low.

Unacceptable (U)

The offer does not meet requirements of the solicitation and/or risk of unsuccessful performance is unacceptable. Offer is unawardable.

Past Performance - The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying services that meet the contract’s requirements as described in the Addendum to FAR 52.212-1. The recency and relevance of the information, source of the information, context of the data, and general trends in Contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each offeror. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. Submitted Past Performance project relevancy will be rated as either “relevant” or “not relevant”.

Rating Definition Relevant Present/past performance effort involved similar size, scope complexities this solicitation requires.

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

A review of all past performance, general trends, and usefulness of the information will be incorporated into an overall performance confidence assessment rating. The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy and quality of performance and will be rated as stated below.

Performance Confidence Assessment Rating Description

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

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

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

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

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

In the case of offerors for which there is no information on past contract performance or where past contract performance is not available, the offerors may not be evaluated favorably or unfavorably on the factor of past contract performance. In this case, the offeror’s past performance is unknown and assigned a confidence rating of “neutral.” Past performance ratings of “Substantial Confidence” and “Satisfactory Confidence” hold more value than a “Neutral Confidence” rating and will be considered more favorably in the evaluation of past performance.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (5) [Reserved]

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

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

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

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

(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 (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

(22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

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

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

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

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

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

X (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

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

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

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

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

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

(End of Summary of Changes)