19Q0365_Solicitation.docx

N6893619Q0365

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: elizabeth.zimmerman@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

AND:

Email address: john.faria@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

The government intends to issue multiple contracts for firm-fixed price, indefinite delivery, indefinite quantity (FFP-IDIQ) type contracts, with a 5-year period of performance.

Section B - Supplies or Services and Prices

Miscellaneous Metals & Materials

FFP

The Contractor shall provide Raw Metal in accordance with the Statement of Work.

FOB: Destination

NSN: 34241000000729

PURCHASE REQUEST NUMBER: 1300785258

PSC CD: 9540

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

$1.00

$5,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Metals/Synthetic Materials 07 July 2019

1.0 SCOPE

The Airborne Instrumentation Systems Division (AISD) (Code 52J000D/E) Product Development Branch/Mechanical Fabrication Section (52J510E) of the Naval Air Warfare Center, Weapons Division, Pt. Mugu, CA (NAWCWD-PM) intends to procure various types of metals in several different alloys, alloy specifications, forms, shapes, sizes, and heat treat levels. AISD will specify the applicable criteria for each requirement through the issuance of individual delivery orders. The contractor shall provide supporting documentation and certification verifying compliance with applicable specification requirements for each product ordered.

2.0 APPLICABLE DOCUMENTS

The actual alloy specification required for each product will be provided with each order from the Ordering Officer or Contracting Officer. Applicable revisions shall be the version in effect at the time of order issuance, unless otherwise specified in writing by AISD NAWCWD-PM.

3.0 METAL MATERIAL PRODUCTS REQUIREMENTS

3.1 MANUFACTURING

The Contractor shall manufacture, or procure, and deliver material in accordance with this SOW, and the requirements set forth in each applicable alloy specification. The alloys applicable to this procurement include at a minimum: Aluminum, Brass, Bronze, Copper, Inconel, Invar, Lead, Magnesium, Molybdenum, Nickel, Stainless at a minimum,Steel, Steel, Titanium, and Tungsten. The forms of the applicable alloys that will be procured include: angle, channel, bar, forge, hex, hinge, H-beam, I-beam, pipe, plate, round, sheet, square tube, T-bar, and tubing. Synthetic Materials applicable to this procurement include plastics, rubber, fiberglass, acrylic, teflon, PVC and, delrin. Each individual order will delineate the required alloy, alloy specification, form, shape, size, heat treat level, and type of material certification required. Orders may include up to 15 different alloys.

3.2 TERM OF CONTRACT

The Government intends to procure the aforementioned products for a term of five years.

3.2.1 The procurement will be for metal and synthetic material products listed in paragraph 3.1 above.

4.0 QUALITY ASSURANCE REQUIREMENTS

4.1 The Government reserves the right to "inspect-at-source" supplies and/or services as it deems necessary. Government inspection shall not constitute acceptance; nor shall it replace Contractor inspection or otherwise relieve the Contractor of its responsibility to furnish an acceptable product.

4.2 Material Certifications shall include at a minimum a listing of the standard requested, a description of the material, and physical and mechanical properties. A unique Lot number shall be on each Mill Certificate as well as the name and address of the originating Mill. All deviations from this requirement must be pre-approved before the material is shipped. If there are Heat or other process Certificates for the material, the certificates provided shall also include any inspection and test report of hardness, HEAT LOT NUMBER, and name and address of processor.

4.3 All Contractor Inspection and Test equipment shall be traceable to National Institute of Standards and Technology (NIST). The contractor shall maintain such equipment within established calibration/recalibration guidelines, recall status, and usage dates.

4.4 Material Certifications, Process Certifications and applicable inspection data shall be included with the shipper on/with all material. Material received without all paperwork shall not be considered received until all paperwork is at AISD facility. The DD250 will not be executed until all material and paperwork has been received.

5.0 SPECIAL CONSIDERATIONS

5.1 BADGING PROCESS

NAWCWD-Pt. Mugu (PM) has an informal badging process. The Contractor shall contact the Ordering Officer at least two business days prior to making a delivery at the Pt. Mugu installation for instruction. Delivery drivers must possess a valid driver’s license, proof of insurance, and current vehicle registration.

5.2 DELIVERY SCHEDULE

Material products procured under this contract are considered time critical; therefore, timely delivery is paramount. The exact delivery requirements will be specified in each individual order.

The Contractor is required to supply the material quoted and awarded. Failure to comply shall prompt a Vendor Corrective Action and/or a Notification of Lateness issuance based upon ISO 9001 standards. Prior approvals for material deliveries extending past the original delivery order requirements must be preapproved by the Ordering Officer prior to shipping. If material received on site is non-compliant with the delivery order, it may be returned at Contractor’s cost and the order cancelled.

5.2.1 The contractor shall be responsible for delivery of all items to NAWCWD-PM AISD as delineated in the order.

5.3 PACKING AND SHIPPING

Shipping and preservation shall be by best commercial practice with delivery to the following locations:

Pt. Mugu address:

Airborne Instrumentation Systems Division Code: 52J510E / MS: M0080 BLDG. 3012 Ronald Reagan Blvd Pt. Mugu, CA 93042

5.4 FOREIGN MATERIALS PROCESS

Mill certifications showing the mill name and address may be required prior to evaluation of the quote for material originating from a foreign country. As per DFAR, the Contracting Officer will evaluate the material based on mill certifications submitted by the contractor in compliance with the Office of Foreign Assets Control prior to approval of foreign material purchases.

5.5 BUY AMERICAN STATUTE

Per the Buy American Statute, the Government will purchase domestic supplies for use in the United States prior to the acquisition of foreign supplies. However, DoD has determined it inconsistent with the public interest to apply restrictions of the Buy American statute to the acquisition of qualifying country end products from the qualifying countries listed in DFARS 225.872-1(a). As such, a qualifying country end item will be evaluated as the equivalent to that of a domestic end item. When a domestic and or qualifying country end item is unavailable for acquisition, the Government will procure material from foreign suppliers if it doesn't fall under any of the restrictions listed in DFARS 225.7003-3 and is under the Simplified Acquisition Threshold.

1. Order Placement Procedures

6.1 Introduction:

The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

0. Request for Quote (RFQ):

The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail. This request will include:

1. Delivery Order number

1. Item(s) description

1. Quantity

1. Delivery date

1. Delivery point

1. Specifications or other documents, if necessary

1. Certifications, if necessary

1. Quotation submission deadline (date and time)

1. Evaluation and award procedures

0. Contractor’s quote:

The contractor’s quote shall include, as a minimum:

1. Unit price

1. Total order price, including shipping

1. Proposed delivery date

1. Origin of proposed materials

1. Other information as delineated in each RFQ

1. If subcontracting is contemplated, the quote shall include:

5. Name, address of subcontractor

5. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

5. NAICS Code for work or items provided by subcontractor

5. Price

5. Percent of work to be performed by the subcontractor

0. Clarifications:

Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.

0. Late submissions, modifications, revisions, and withdrawal of offers:

Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.

0. No Bid/Non Interest:

Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no-interest, or non-responsiveness by any contract holder may result in termination for convenience.

0. Deliveries:

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination that the contractor is excluded from competition on future orders.

0. Evaluation/Award:

Evalulation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.

6.8.1 Low Price Technically Acceptable Evaluation

The Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.

6.8.2 Tradeoff

The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical (proposing to supply the requested materials and any required certifications).

1. Delivery Date

1. Price

The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to successful offeror.

0. Orders greater than $25,000.00:

Orders that are estimated to exceed $25,000.00 will be competed using the procedures described herein; however, the process will be conducted by the Contracting Officer and any ensuing orders will be issued on a DD 1155.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

**provided at time of award

**provided at time of award

Section I - Contract Clauses

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2019)

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 (Sept 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Act 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 Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (May 2014) (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) (JAN 2019) Alternate I (OCT 2018)

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

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(2) 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)).

(3) 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).

(4) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(5) 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.

(6) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(7) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(8) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(9) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(10) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(11) 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.

(12) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(13)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(14) 52.222-51, Exemption from Application of the Service Contract Act 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 Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (May 2014) (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

[Contractor to sign and date and insert authorized signer's name and title].

Signature Date Signer’s Printed Name Signer’s Title

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.