STATEMENT OF WORK_1.docx

STATEMENT OF WORK

DESCRIPTION OF SUPPLIES AND DELIVERY INSTRUCTIONS

1. FUEL SPECIFICATIONS: Supplies delivered under this contract shall conform to all federal, state, and local environmental requirements applicable to the geographic location of the receiving activity on the date of delivery. Contractor shall be responsible for determining the existence of all such requirements at the time deliveries are made.

If a federal, state, or local environmental requirement is more stringent than a specification contained in this contract, the Contractor shall deliver product that complies with the more stringent requirement. Product that fails to meet the more stringent requirement will be a nonconforming supply. The liquefied petroleum gas shall meet or exceed the requirements of the specification cited below.

Title, number and date of the specification: butane, propane and butane propane mixtures, Federal Specification Number BB-G-110A, 01 Oct 1991.

Type of gas: Type II.

1. LP Gas Tank Pump-Out. When LP Gas Tank pump-out(s) occur both scheduled and emergency, the removed gas shall be utilized to fill a tank identified by the COR if the capacity can be put in another tank. When the gas cannot be used to fill a tank identified by the COR and the propane gas goes back into the contractor’s inventory a “credit” will occur. The gas that has been pumped out will be valued based on the unit price specified in the monthly Task Order during the same month in which pump out(s) occurred. Contractor is required to provide a “pump-out” ticket, on the date the pump-out occurs to Directorate of Public Works Operations & Maintenance Division Bldg 14600. Ticket shall include the location from which gas was removed and total number of gallons and date removed. A credit slip/statement shall be submitted showing the location, number of gallons removed, and the unit price per gallon specified from the current monthly Task Order to the Directorate of Public Works (DPW) Operations & Maintenance Division via email. At the time credit is being applied to an invoice submitted for payment in Wide Area Workflow (WAWF), the contractor shall submit the credit slip/statement as an attachment to the WAWF invoice.

2. MATERIAL SAFETY DATA SHEET: Reference FAR clause 52.223-3, Hazardous Material Identification and Material Safety Data (Jan 1997). Copies of the Material Safety Data Sheet must be provided prior to the first delivery to: U. S. Army Signal Center & Fort Gordon Safety Officer, ATTN: ATZH-IS, Fort Eisenhower, GA 30905-5291. Data sheet must be annotated with the appropriate contract number for identification.

3. Filling by the contractor shall not exceed 80% of the storage capacity of any tank. Deliveries shall normally be made during the hours of 7:00 A. M. to 300 P. M., Monday through Friday, excluding federal holidays. Prior approval must be obtained from the Contracting Officer, or Contracting Officer's Representative, to make any deliveries after 3:00 P. M. or on weekends or federal holidays.

4. ADDITIONS OR DELETIONS OF LOCATIONS/SITES SCHEDULES:

5. Additions and deletions of delivery points to Attachments 1 and/or 2 may be by telephone relayed to the contractor by the Contracting Officer’s Representative from 8:00 A. M. to 5:00 P. M., Monday through Friday, excluding federal holidays. Changes shall become effective immediately upon notification to the contractor. Written confirmation of changes shall be faxed to the contractor and the Contracting Officer NLT the next business day.

The Contracting Officer will issue a unilateral modification to the contract to incorporate changes into Attachment 1 and/or 2.

6. Delivery tickets will not be accepted, and payment will not be made for delivery to any location that has been deleted from the schedule. Contractor shall not recover LP gas delivered to deleted locations unless the Contracting Officer or Contracting Officer's Representative is able to verify the quantity delivered after the deletion notice and gives the contractor written permission to recover the amount verified. The government accepts no responsibility to pay for delivery to deleted points.

7. NOTIFICATION OF OUTAGES: Outages will be coordinated by the Contracting Officer or Contracting Officer's Representative.

6. EMERGENCY DELIVERY ORDERS: All services or supplies called for herein (PUMP-OUTS and or DELIVERIES) shall be delivered within 4 hours of placement of an emergency delivery order by the Contracting Officer or Contracting Officer’s Representative. The Contracting Officer will provide the name(s) of any Ordering Officers under the contract. Emergency delivery orders may be placed orally or in writing and will specify the location(s) for delivery. A confirming written delivery order will be issued the first working day thereafter. Unit price for an emergency delivery order shall be the same as the unit price for the normal delivery order for the month.

7. CONTRACTOR'S POINT OF CONTACT: Prior to commencement of work, the Contractor shall provide written notice, to the Contracting Officer and Contracting Officer's Representative, of the name, phone number ,address for the Contractor's point(s) of contact during its normal business hours, its normal business schedule, and the fax number that is accessible during its normal business hours. The Contractor shall also provide a phone number and point(s) of contact for emergency contact during other times on a 24 hour a day, seven day a week basis.

1. DETERMINATION OF QUANTITY: The quantity of supplies furnished under this contract shall be determined from meter readings on delivery truck at time of delivery to tanks.

2. DELIVERY EQUIPMENT AND CERTIFICATION OF CALIBRATION OF METERS: The Contractor shall provide properly maintained delivery equipment and properly trained delivery personnel to assure that deliveries are made without damage to buildings, vegetation, and pavement adjacent to tanks being filled or elsewhere on the installation or at the recreation center. Contractor delivery personnel who have not exercised reasonable care and delivery equipment that is poorly maintained may be refused entrance to the installation. Contractor shall furnish a copy of the Certification of Motor Calibration, as required by state of Georgia law, for all delivery equipment that may be used in performance of this contract. Copies shall be provided to the Contracting Officer's Representative within ten (10) days following receipt of contract award. Copies of re-certification performed during the term of the contract shall be furnished to the Contracting Officer's Representative within ten (10) calendar days of recertification.

3. DELIVERY TICKETS AND INVOICES FOR MONTHLY DELIVERY ORDER AND EMERGENCY DELIVERY ORDERS:

a. The contractor shall furnish, on date of delivery, delivery tickets containing the following information: Name of Contractor, Contract number, Delivery Order Number, Item number and description of fuel delivered, Quantity delivered (verified by meter readings), Consignee, to include tank location by building number and tank serial number, Delivery Date, and Signature of the Contractor’s Representative.

b. Contractor shall furnish delivery tickets, on the date of delivery, to Directorate of Public Works, Operations & Maintenance Division Building 14600, during duty hours of 7:30 A. M. to 5:00 P.M., Monday through Friday, excluding federal holidays. Delivery tickets for weekend deliveries and deliveries made after normal duty hours shall be provided on the first working day after deliveries.

c. The contractor shall maintain a consolidated record of all deliveries and sales totals under each month's automatic fill delivery order. Contractor shall furnish this record, not later than four (4) workdays after the end of the month, to the Contracting Officer's Representative for reconciliation with delivery tickets provided at time of delivery. Contractor shall not submit the monthly invoice to the payment office prior to the Contracting Officer's Representative's receipt of the consolidated monthly record.

d. Submission of invoice for an emergency delivery order shall also be preceded by submission to the Contracting Officer’s Representative a record of all deliveries and sales total under the order and shall be submitted not later than four (4) workdays after the completion of deliveries.

4. BUY AMERICAN EXCEPTION FOR PETROLEUM: Petroleum crude oil, unfinished oil and finished products, as defined in the Federal Acquisition Regulation (FAR) are accepted from application of the Buy American Act by appropriation secretarial determination.

1. DANGEROUS WEAPONS ON THE INSTALLATION: As required by USASC&FG Regulation 210-13, the contractor and his personnel will not transport, possess, or use on this installation privately owned dangerous weapons. “Dangerous Weapons” include all forms of firearms, missile-throwing devices (e.g., bow and arrow), switch blade or automatic blade knives, knives with blades in excess of three inches, ammunition and pyrotechnics, fireworks, bludgeons (e. g., nun chucks), brass knuckles, shooting pens, and similar devices. Unauthorized dangerous weapons will be confiscated and impounded by government personnel. The contractor agrees to comply with all other provisions of Fort Gordon Regulation 210-13, copies of which are available on request from the Contracting Officer. A state weapons permit does not supersede this contract provision.

2. ANTITERRORISM (AT) LEVEL I AM TRAINING

· Antiterrorism (AT) Level I Training: All contractor employees, including subcontractors, assigned to this contract shall receive an initial Antiterrorism Level I Brief by a certified ATO Level II Officer within 30 days of reporting for duty. (Monthly briefings will be offered by the Garrison Antiterrorism Officer.) Annual refresher Antiterrorism Level I Training shall be completed on-line at https://atlevel1.dtic.mil/at/ or they may attend the monthly training offered by the Garrison ATO. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR and unit/activity security manager. (Ref Department of the Army, US Army Contracting Agency, SFCA-CO, 5 Sep 07, subject: Incorporation of Measures into the Contracting Process and AR 525-13, Antiterrorism).

Note: Contractor personnel shall receive an AOR briefing when traveling OCONUS on TDY. Briefing must be provided by a certified ATO Level II Officer within 7 working days prior to TDY departure outside the 50 United States, its territories, and possessions. This is separate from the normal annual AT Leve training requirement. (Ref AR 525-13)

· iWATCH: All contractor employees, including subcontractors, assigned to this contract shall receive a brief on the local iWATCH program (provided in conjunction with the AT Level I Training). This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 days of reporting to duty and annual refresher training with the results reported to the COR.

· Operation Security (OPSEC) Training: All contractor employees, including subcontractors, assigned to this contract shall complete Level I OPSEC training within 30 days of reporting for duty and then annually thereafter.

Initial Level 1 OPSEC training will be conducted monthly by the Garrison OPSEC Officer or a Level II certified OPSEC Officer. (AR 530-1, Operations Security). Annual refresher training shall be completed on-line: Go to Internet Explorer, Fort Gordon website, select Fort Gordon and click on Dir, Plans Training & Mobilization, select Security/Intelligence, and click on Contractor OPSEC Awareness Training. A record on completion will be provided to the COR and unit/activity security manager. (Ref AR 530-1)

1. Threat Awareness and Reporting Program (TARP) Training: All contractor employees, including subcontractors, assigned to this contract shall complete TARP training within 30 days of reporting for duty and then annually thereafter. TARP training will be conducted monthly by the 902nd MI Group. The COR will ensure contractors are notified of available training. Completion of training shall be reported to the COR and the unit/activity security manager. (Ref AR 381-12).

2. Information Assurance (IA)/Information Technology (IT) Training: All contractor employees and associated subcontractors must complete the DoD Cyber Awareness Challenge Training (https://ia.signal.army.mil/DoDIAA) before issuance of network access and annually thereafter. Certificates of successful completion, for both initial awareness training and annual refresher training shall be provided to the COR. All contractor employees will successfully complete all required IA training as specified in AR 25-2 and as directed by the Government. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M, and AR 25-2.

Contractors, to include subcontractors, requiring access to information systems to fulfill their duties must possess the required favorable security investigation. Contractors that require access to the Fort Gordon network shall have a minimum of a National Agency Check with Inquiries (NACI) investigation initiated and favorable review before issuance of network access. The IASO/IANO from the activity that the contractor is assigned to, will submit an electronic DD 2875, System Authorization Access Request

(SAAR) to Security & Intelligence Division for verification that the contractor meets the requirements of AR 25- 2 for accessing the Fort Gordon network. (Ref AR 25-2)

f. Information Assurance (IA)/Information Technology (IT) Certification: Per DoD 8570.01-M, DFARS 252.239.7001, and AR 25-2, the contractor employees' supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

g. Installation Access: All contractor employees, including subcontractors, shall comply with applicable installation and facility access security policies and procedures at all work and TDY locations. The Fort Gordon military installation is a limited access post. Unscheduled gate closures by the military police may occur at any time. In accordance with Army Regulation 525-13, paragraph 5-19, all prospective contractors will undergo a verification process by the installation Provost Marshal Office, Director of Emergency Services to determine the trustworthiness and suitability prior to being granted access to federal property. This will be accomplished using the National Crime Information Center (NCIC) Interstate Identification Index (III). This is the minimum baseline background check for entrance onto Army Installations for non-CAC holders to include entrance of visitors (Ref AR 190-13, paragraph 8-2). All personnel entering or exiting the installation may experience a delay due to vehicle inspections, registration checks, verification of seat belt use, etc. All vehicles and personnel are subject to search and seizure.

The search and seizure provisions shall apply to contractor personnel while within Fort Gordon's area of jurisdiction. Contractor personnel shall comply with all entry control requirements and security policies/procedures in effect.

Security procedures may change without notice.

h. Handling/Access to Classified Information: The contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified "Confidential," "Secret," or "Top Secret" and requires contractors to comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and (2) any revisions to DoD 5220.22-M.

4. PERMITS, TAXES, LICENSES, ORDINANCES, and REGULATIONS: The Contractor shall, at his own expense, obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all municipal, state and federal laws, ordinances, rules and regulations applicable to the business carried on under this contract.

5. RULES OF SAFETY: All rules of safety that are or may be imposed upon the Contractor by Federal, State or Municipal code, and the applicable Fort Gordon Installation Regulations shall be effectively carried out in the performance of this contract.

6. PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION:

· The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government. Further, if, as a result of the failure of the Contractor to comply with the requirements of this contract, Government buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities become damaged or destroyed, the Contractor shall replace or repair the damage at no expense to the Government, and to the satisfaction of the Government. Should the Contactor fail or refuse to make such repairs or replacements, the Government may have the said repairs or replacement accomplished, and the Contractor shall be liable for the cost thereof which may be deducted from the amounts which become due under this contract.

· The Contractor shall take all measures as required by law to prevent oil spills (including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping into or onto any land or water). In the event the Contractor spills any gas, the Contractor shall be responsible for the containment, cleanup, and disposal of the gas spilled. Should the Contractor fail or refuse to take the appropriate containment, cleanup, and disposal actions, the Government may do so itself. The Contractor shall reimburse the Government for all expenses incurred including fines levied by federal, state, or local governments.

7. SCHEDULE OF INSURANCE REQUIREMENTS: The Contractor shall procure maintain during the entire period of his performance under this contract, the following minimum insurance: Workmen’s Compensation and Employer’s Liability Insurance. Compliance with applicable workmen’s compensation and occupational disease statues of the State of Georgia shall be required. If occupational diseases are not compensable under the statues of the

8. State of Georgia, insurance for occupational diseases shall be required under the employers’ liability section of the insurance policy; however, such additional insurance shall not be required where contract operations are commingled with the Contractor’s commercial operation so that it would be impracticable to require such coverage. Employer’s liability coverage in the minimum amount of $100,000 shall also be required. General Liability Insurance, Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy. Automobile Liability Insurance on the comprehensive form of policy in the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage covering the operation of all automobiles and trucks used in connection with the performance of the contract shall be required. Insurance required by Federal laws, such as Federal Longshoremen’s and Harbor Worker’s Act or Cargo Insurance required by the Interstate Commerce Commission, if applicable.

9. SMOKING IN DA OCCUPIED BUILDINGS AND FACILITIES: The Contractor agrees to comply with the provisions specified in DODI 1010.15 and AR 600-63, copies of which are available on request from the Directorate of Contracting Office.

10. IDENTIFICATION OF CONTRACTOR EMPLOYEES DELIVERING TO FORT EISENHOWER:

· The contractor shall provide each employee an identification (ID) badge on contract start date or on employment start date. The ID badge shall be made of nonmetallic material to prevent electrical shock. The badge shall be easily readable and include the employee's name, contractor's name, and color photograph. This requirement shall be included in any subcontract for work on the government installation.

· Display of ID Badges: Contractor personnel shall wear the ID badge at all times when performing work under this contract, to include attending Government meetings and conferences. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

· Identification of Contractors: In accordance with FAR 37.114 contract employees shall always identify themselves as a contractor while on the job, e.g., in the workplace, when attending meetings, in email, when answering government telephones, or when making phone calls.

· Answering Telephones: Contract personnel shall identify themselves as contract employees when answering and making calls on government telephones.

11. ACCESS TO THE INSTALLATION: Delivery trucks will enter the installation using Gate 6 when delivering during its hours of operation. It is normally open Monday through Friday, excluding federal holidays; from 6:00 A.M. to 3:00 P. M. Gate 6 may also occasionally be closed on the normal workday preceding or following a federal holiday. In which case, delivery trucks may enter another gate, as designated by the Contracting Officer's Representative. If it is necessary for delivery truck(s) to enter the installation during times that Gate 6 is not open, the Contractor must coordinate with the Contracting Officer's Representative on the prior Government business day for designation of gate to enter so that the gate guards may be notified. When Contractor is contacted to make an emergency delivery during the evening or on a holiday or weekend, arrangements will also be made to identify the gate to enter. All vehicles entering the installation are subject to inspection. The driver and all adult passengers in any vehicle must have photo identification. Contractor is cautioned that delays in accessing the installation may occur at heightened security levels. To maintain security, Contractor vehicles shall be locked when unattended.

22. VEHICLE REGISTRATION: Fort Eisenhower has initiated a new vehicle pass policy for all Non- DoD personnel requiring access to the installation.

1. All drivers must possess a valid DoD ID card or a valid Fort Eisenhower Pass.

a. Driver Pass requirements:

(1) Valid driver's license, proof of insurance and vehicle registration

(2) Non-US citizens require a passport and driver's license

1. Adult passenger/s must have ONE of the following:

· Valid driver's license

· Passport

· Identification card issued by Federal, State, or local government agencies, it contains a photograph and biographic information such as name, date of birth provided

(4) Permanent resident card or Alien Registration Receipt Card (Form I-551).

c. Children (under the age of 18) who are passengers in a vehicle driven by their parent/ guardian is not required to show an ID.

12. Passes will only be issued at gate #6. The RIGHT Lane at Gate #6 will now be used ONLY for those personnel who require a PASS. Personnel who have a DoD ID card or a valid pass, must use the left lanes of gate #6

13. Personnel who work on Fort Eisenhower may obtain an initial 30-day pass. To obtain a permanent pass, the employee's manager/supervisor must submit a request through the Law Enforcement Center or Vehicle Registration Office. The individual must consent to a background investigation to obtain the permanent pass.

14. Temporary 1–3-day passes may be authorized at Gate #6 as well.

15. Once the passes are obtained, individuals can use any gate to access the installation.

16. Permanent resident card or Alien Registration Receipt Card (Form I-551).

17. Children (under the age of 18) who are passengers in a vehicle driven by their parent/ guardian is not required to show an ID

16. Passes will only be issued at gate #6. The RIGHT Lane at Gate #6 will now be used ONLY for those personnel who require a PASS. Personnel who have a DoD ID card or a valid pass, must use the left lanes of gate #1.

17. Personnel who work on Fort Eisenhower may obtain an initial 30-day pass. To obtain a permanent pass, the employee's manager/supervisor must submit a request through the Law Enforcement Center or Vehicle Registration Office. The individual must consent to a background investigation to obtain the permanent pass.

18. Temporary 1–3-day passes may be authorized at Gate #6 as well.

19. Once the passes are obtained, individuals can use any gate to access the installation.

Personnel who don't meet the criteria for entrance into Fort Eisenhower will be denied access.

Contractors who drive their personal POV and work on Fort Eisenhower can obtain a pass at the Visitor Control Center at Gate #6.

20. Utilizing Electronic Mail:

· When Contractor personnel send e-mail messages to government personnel while performing on this contract, the contract personnel e-mail addresses shall include the company name together with the person’s name (ex: John Smith, Contractor, ABC Company).

· When contract personnel require access to a government computer, the contract personnel shall be required to obtain a Common Access Card. To do so, the contract personnel shall request a CAC Card through the COR.

NOTE: The government issued CAC is the property of the U.S. Government and shall be returned to the COR upon expiration of the contract, replacement or termination of the contract employee. (CAC card must be turned in to the COR on contractor’s last day of employment.) Unauthorized possession of the CAC can be prosecuted criminally under section 701, title 18, United States Code.

25. ADVERTISING ON CONTRACTOR VEHICLES: Advertising is permitted to be displayed on Contractor vehicles provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and which is not embarrassing or detrimental to the military.

MASTER DELIVERY LIST GSA

LIQUIFIED PETROLEUM (LP) MASTER DELIVERY LIST FOR FORT EISENHOWR AND POINTS WEST RECREATION AREA (WINTER 1 OCT TO O/A 15 APRIL)

POINTS WEST RECREATION CH-23

FFTWR

TOTAL NUMBER LP TANKS 500 GALS = 5- 2,500

1000 GALS= 13-13,000

TOTAL STORAGE CAPACITY IN GALLONS= 80% OF 15,500=12,400 GALLONS

CONTRACTOR TO FURNISH DELIVERY SCHEDULE PER THE STATEMENT OF WORK LISTED ABOVE SECTION 3.

NOTE: DELIVERY ACCESS WILL BE MADE USING GATE SIX (6) ON EISENHOWER HIGHWAY. IF YOU HAVE NOT REGISTERED YOUR DELIVERY VEHICLE (S) AS REQUIRED IN THE CONTRACT, THEY MAY NOT BE ADMITTED ON THE INSTALLATION.

IF YOU HAVE NOT PROVIDED THE CONTRACTING OFFICE WITH THE NAMES OF DELIVERY PERSONNEL, THEY MAY NOT BE ADMITTED THROUGH THE GATE (^).

TO ADD OR DELETE NAMES FROM THE LIST OF DELIVERY PERSONNEL, PLEASE CALL CO ORCOR, AT 706-791-8449.

(End of Summary of Changes)

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.

CLAUSES INCORPORATED BY REFERENCE

Corporations

While Driving

Management

Subcontractors

Vegetation

Officials

Incident Reporting

Support

Subcontracts for Commercial Items

JUN 2013

52.212-5 C O N T R A C T TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

21. 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:

· 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)).

· 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).

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

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

· 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.)

(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).

(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.)

XX (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).

XX (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).

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(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.

(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 Representation (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)).

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

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

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

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

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

XX (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.

XX (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.

XX (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) 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 136

(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 th acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre- 22.1803.)

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

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbon 2016) (E.O. 13693).

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

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

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

(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.

XX (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.

(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)).

(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).

(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, No displacement 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—

22. 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

23. 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)).

24. 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).

25. 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, No displacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

26. 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

27. 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. .

20..222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

8. 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

9. (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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 (Oct 2015) (E. O. 12989). (xvii)52.222- 55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section862, 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)).

(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).

20..222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

11. 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

12. (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(xvi) 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.)

(xvii) 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 (Oct 2015) (E. O. 12989). (xvii)52.222- 55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

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

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section862, 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)).

(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).

(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 inco1porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(l) 52.222-17, No displacement 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…