Request for Proposal 47HAA023R0006 - WHLDP Learning Structure_07 14 23.pdf

GENERAL SERVICES ADMINISTRATION (GSA)

OFFICE OF ADMINISTRATIVE SERVICES (OAS)

OFFICE OF INTERNAL ACQUISITION (OIA)

REQUEST FOR QUOTATION (RFQ) No: 47HAA023R0006

White House Leadership Development Program - Learning Structures

Requiring Office:

OGP - Office of Governmentwide Policy (M), and Office of Shared Solutions and Performance Improvement (OSSPI) (MY)

Issued to:

This solicitation is issued to all active Small Businesses on SAM.gov

NAICS Code:

NAICS Code: 611430 - Professional and Management Development Training

Date: 07/14/2023

Posting Date: 07/14/2023

Questions Due By NLT 2 PM EST, 07/21/2023

Quotations Due By NLT 2 PM EST, 08/04/2023 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

WHLDP - Learning Structures RFQ No. 47HAA023R0006

Table of Contents SECTION I SECTION I Letter to Interested Vendors - Commercial, Small Businesses 3

SECTION II Solicitation Information 4

2.1 GENERAL 4

2.1.1 TYPE OF AWARD 4

2.1.2 SUBMISSION INFORMATION 4

2.1.3 FORMAT 4

2.1.4 MINIMUM REQUIREMENTS 5

2.1.5 ASSUMPTIONS 5

2.2 PROPOSAL CONTENT 5

2.2.1 PART 1 (TECHNICAL PROPOSAL) 6

2.2.2 PART 2 (PRICE PROPOSAL) (Page Limit) 6

2.3 PROPOSAL EVALUATION 7

Evaluation Factor 1 - Proposed Solution 8 Evaluation Factor 2 - Technical Experience 8 Evaluation Factor 3 - Enhancements 8

2.3.1 Evaluation Factor 1 - 3 Technical Proposal (Adjectival) 8

2.3.2 Evaluation Factor 3 (Past Experience and Performance) Adjectival Ratings 9

2.3.3 Evaluation Factor 4: Price Proposal Evaluation 12

2.3.4 Best Value - Trade-Off Evaluation Process 12

2.3.5 Evaluation of Options 13

SECTION III Statement of Work 14

SECTION IV Firm Fixed Price Level Terms and Conditions 15

4.1 General 15

4.2 Firm Fixed Price Level Clauses 15

4.3 Individuals Authorized to Commit the Government 33

4.4 Contracting Officer’s Representative (COR) 33

4.5 Funding and Payment 34

4.6 Contractor Performance Assessment Reporting System (CPARS) 35

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest 36

4.8 Data Security and Privacy 36

4.9 Data Rights 36

4.10 Facilities Security 36

4.11 Ad Hoc or Situational Teleworking 37

4.12 Copyright Notice 37

SECTION V Firm Fixed Price Price Schedule 38 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

SECTION I Letter to Interested Small Businesses

To Whom It May Concern:

The General Services Administration (GSA), OGP - Office of Governmentwide Policy (M), has identified a need through the White House Leadership Development program (WHLDP), Federal leaders (GS-15 or equivalent) participate in a 1-year detail to the Executive Office of the President where they work on the Federal government’s highest priority and highest impact challenges that require the coordination of multiple Federal agencies to succeed. The Fellows’ detail is augmented by a leadership development program to enable fellows to maximize their contributions during their detail and beyond. Through this contract we are searching for a vendor to provide assessments that provide actionable insights to expand the leader’s capacity and are grounded in a theory of change. Assessments can be done in-person or virtually.

As such, this Request for Proposal (RFP) is being issued to small business commercial vendors.

(1) Statement of Work (SOW) for WHLDP - Learning Structures

(2) Task Order Type: Firm-Fixed Price

(3) Performance Period: One twelve (12) month base period and four (4) twelve (12) month option periods

(4) Questions Due by NLT 2 PM EST, 07/21/2023

(5) Government Response to Questions Due by NLT 2 PM EST, 07/25/2023

(5) Quotations Due By NLT 2 PM EST, 08/04/2023

All electronic quotation submissions shall only be made via email to the GSA Contracting Officer and Contract Specialist listed below. Any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and shall not be considered for evaluation.

If you have any questions regarding this RFP, please contact GSA points of contact listed below.

GSA Contract Specialist (Primary POC):

Bonnie Impastato, E-mail: bonnie.impastato@gsa.gov, Tel.: (202) 510-3328

GSA Contracting Officer (Alternate POC):

Monica Golibart E-mail: monica.golibart@gsa.gov, Tel.: (202) 501-3221 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

SECTION II Solicitation Information

2.1 GENERAL

The Government contemplates awarding one (1) firm-fixed price commercial contract with an eligible commercial vendor in accordance with FAR Subsection 12 and 13.106-1 assuming the quotation has met, or exceeded, the Government’s requirements in the evaluation process for best value. It is expected that vendors will submit a proposal in accordance with the procedures and requisite requirements identified in this solicitation.

This RFP is being issued on SAM.gov with the intent to award a single award, firm-fixed price commercial contract.

2.1.1 TYPE OF AWARD

This procurement is a small business set-aside under commercial contract. This procurement shall be conducted in accordance with procedures in FAR 12 and 13.106-1.

2.1.2 SUBMISSION INFORMATION

Responses to this RFP shall be submitted in electronic format via email to the GSA Contracting Officer and Contract Specialist listed at the bottom of page 3. Quotations shall not be submitted to any other parties. Vendors are hereby notified that any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and not considered for evaluation.

Questions pertaining to this RFP shall be submitted by NLT 2 PM EST, 07/21/2023 to the attention of the GSA POC identified in Section I above. Questions received after this cut-off date shall be addressed only at the discretion of the Contracting Officer. Questions shall be submitted utilizing the subject title: 47HAA023R0006 - Vendor Name - [Questions Submitted]- [DATE]. Utilize the “47HAA023R0004 -White House Leadership Development Program - Development Evaluation Q and A Template_07_14_2023” to submit all vendors’ questions. The Government’s response to questions is due by NLT 2 PM EST, 07/25/2023.

2.1.3 FORMAT

No paper (hard copy) proposals shall be accepted. All submitted electronic documents shall be in PDF and MS Excel format. Each page in the submitted documents shall fit on 8 ½” X 11” paper size, with all text single-spaced, using font size no less than 11 points. All text and graphics shall be legible. The Technical Proposal and Price Proposal for the contract shall be separate files. No pricing information shall be included in the Technical Proposal. Page limits are not inclusive of cover page and table of contents.

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The following naming conventions for the quotation documents should be utilized:

47HAA023R0006 - Vendor Name - [Technical/Price] Proposal [DATE]

2.1.4 MINIMUM REQUIREMENTS

Vendors responding to this RFP shall meet the following minimum requirements. Proposals that fail to meet any one of these minimum requirements shall not be further evaluated and shall be deemed ineligible for award.

1. Submit complete proposal documentation in accordance with RFP instructions;

2. The Government encourages forming Contractor Team Arrangements (CTAs). If a CTA is utilized in the vendor’s proposal, each team lead and team members’ current and accurate commercial pricing shall be submitted. Note - Formulation of a CTA is optional.

3. Proposed prices shall be in accordance with the vendor’s commercial price list. The Government is seeking additional discounts off of the vendor's commercial price list.

4. Proposals shall be submitted by the Team Lead, if applicable; and,

5. Proposals shall identify the SAM Unique Entity Identifier (SAM UEI) Number for all team members (including subcontractors) and each shall have current System for Award Management (SAM) registration as of the time of proposal submission.

6. Vendors shall be registered in the System for Award Management (SAM) with no active exclusions.

2.1.5 ASSUMPTIONS

All assumptions shall be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any proposal that includes any assumption that may impact satisfying the Government’s requirements. Option years are based on funding availability. The Government reserves the right not to exercise any option year(s) if determined to be in the best interest of the Government. Please see Section 2.3.5 of the RFP regarding evaluation of options.

2.2 QUOTATION CONTENT

Vendors are requested to provide a submission that is in accordance with the instructions in this RFP including the Evaluation Factors for Award section.

All vendor proposals must include the data elements and information as follows.

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2.2.1 PART 1 (TECHNICAL QUOTATION)

The technical proposal shall be separate from the price proposal. The technical proposal shall consist of a narrative file with the following naming convention: 47HAA023R0006 - Vendor Name - Technical / Price Proposal - Date. Each narrative section must address the vendor’s response to the respective Technical Evaluation Criteria for the contract. Page limits for each evaluation factor are provided and are inclusive of each evaluation sub-factor.

Technical Proposal Page Limit

Evaluation Factor 1 - Proposed Solution

The government will evaluate if the proposed solution meets the minimum deliverables outlined in the SOW by Task Area. Offerors must demonstrate their approach to each task.

Evaluation Factor 2 - Technical Experience

The government will assess its confidence that the quoting contractor understands the requirement and will be successful in performing the work based on the quoting contractor’s experience growing senior leaders’ developmental capacity through vertical development and/or adult development theory methods. Experience related to each major task area in the scope must be demonstrated. The government may contact the POCs for the described projects to verify the information provided. Please include, in your proposal, the resumes, including coaching training and/or certification, for the coaches and facilitator in this solution.

Evaluation Factor 3: Enhancements (Offerors will not be penalized for enhancements that are not determined to be acceptable)

The government will evaluate the value to the Government of any betterments that are promised in the solution. A betterment is any instance where the proposed solution exceeds the Government’s requirement in a way that is meaningful for the Government.

2.2.2 PART 2 (PRICE PROPOSAL)

The Price Proposal shall be separate from the Technical Proposal. The Price Proposal shall consist of the following:

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Price Proposal Page Limit

1. Cover Letter;

a. Identification of Team Members (including Task Order

Lead, CTA Members, and Subcontractors, as applicable);

b. Identification of each Team Member’s SAM UEI Number, Commercial contract, as applicable; and,

2. Price Schedule with proposed pricing for each task identified in the Statement of Work (SOW) for the base and 4 option periods using attached price schedule template in MS Excel format;

(Vendors may provide additional price breakdowns and explanations to support their proposed price in accordance with the manufacturer’s commercial pricing practices).

3. Listing of any proposed discount(s) from vendors’ commercial price list, as applicable;

4. Acknowledgement of Amendments, as applicable; and,

5. Statement that the Proposal shall remain valid for a minimum of ninety (90) days.

(page limit does not apply to Excel price schedule template)

2.3 PROPOSAL EVALUATION

The Government will evaluate the proposals based on the following evaluation factors, in descending order of importance. The Government will award one (1) contract resulting from this solicitation to the responsible vendor whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

RFQ

Section Description

Required Rating to Proceed

If Vendor Achieves Required Rating

Technical Evaluation

Evaluation Factor 1 Proposed Solution

Acceptable Will proceed to Evaluation Factor 2

Evaluation Factor 2 Technical Experience

Acceptable Will proceed to Evaluation Factor 3

Evaluation Factor 3 Enhancements

N/A N/A

Price Evaluation

(Price Evaluation) Verified Consistency with commercial market, conducted competitive

N/A https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary price analysis among quotes

Past Performance N/A N/A

Award Determination Tradeoff

2.3.1 Evaluation Factors 1 through 3 Technical Proposal (Adjectival)

The Government will review the vendor’s response to Evaluation Factor 1 through Evaluation Factor 3. Evaluation Factor 1 is the most important and heavily weighted factor, followed by Evaluation Factor 2, Evaluation Factor 3, and finally Evaluation Factor 4.

Technical/Non-Price Evaluation Factors will be assigned a rating using the adjectival ratings/definitions with a combined technical/risk rating methodology. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings.

An unacceptable rating received for any of these factors will render the proposal unacceptable for further consideration in the selection process.

Combined technical/risk evaluations shall utilize the combined technical/risk ratings as listed in the Table below.

Adjectival Rating Description

Outstanding Proposal consistently exceeds the requirements and indicates an exceptional approach and understanding of the requirements.

Proposal contains multiple strengths and there are no weaknesses or identifiable risks.

Good Proposal consistently meets and sometimes exceeds requirements and indicates a sound approach and understanding of the requirements.

Proposal contains multiple strengths that far outweigh any weaknesses. Risk of unsuccessful performance is very minimal.

Acceptable Proposal consistently meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting. Risk of unsuccessful performance is low.

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Marginal Proposal n does not clearly meet requirements and failed to demonstrate an adequate approach and understanding of the requirements. The proposal has one or more significant weakness(es) which is/are not offset by any identified strength(s). Risk of unsuccessful performance is moderate.

Unacceptable Proposal failed to meet requirements and contains one or more deficiencies and/or weakness(es). Identified deficiencies and weaknesses cannot be remediated without a major revision of the quotation. Risk of unsuccessful performance is high.

2.3.2 Past Performance Evaluation Adjectival Ratings

Past Experience and Performance will be evaluated according to the following ratings:

The evaluation of past experience and performance results in an assessment of the Vendor’s probability of meeting the requirements outlined in the Statement of Work (SOW). This evaluation considers each Vendor’s demonstrated recent and relevant experience regarding the services that meet the requirements outlined in the Statement of Work (SOW), and how well the Vendor performed in providing those services. One performance confidence assessment rating is assigned for each Vendor after evaluating the Vendor’s recent past performance, focusing on performance that is relevant to the requirements outlined in the [Performance Work Statement/Statement of Work/Statement of Objectives]. Recent is defined as work performed within the last three years. Past performance must be recent and relevant to be considered.

There are two aspects to the past experience and performance evaluation.

The first is to evaluate the Vendor’s experience to determine how relevant a recent effort accomplished by the Vendor is to the effort to be acquired through the Task Order. Common aspects of relevance include similarity of service/support, complexity, dollar value, task order type and degree of subcontracting/teaming.

There are four levels of relevance shown below. With respect to relevance, more relevant past experience will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past experience of lesser relevance.

The table below illustrates the past experience relevance ratings rationale that will be applied as follows to relevance of past performance:

Past Experience Relevance

Adjectival Rating Definition https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

Very Relevant Present/past experience involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past experience involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past experience involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past experience involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The second aspect of the past performance evaluation is to determine how well the Vendor performed on the contracts. Sources of Past Performance Information for Evaluation are as follows:

● Past performance information may be provided by the Vendor, as solicited.

● Past performance information may be obtained from any other sources available to the

Government, to include, but not limited to, CPARS, PPIRS, and FAPIIS, Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency.

The evaluation team will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

Past Performance Confidence Assessment: In conducting a performance confidence assessment, each Vendor shall be assigned one of the ratings in the table below. (Reference FAR 15.305(2) for information on assigning an unknown/neutral confidence rating.)

Past Performance Confidence

Adjectival Rating Description

Substantial Confidence

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

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Satisfactory Confidence

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

Limited Confidence

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

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

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the Vendor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

A maximum of 3 performance references shall be submitted for contracts under which performance has occurred within the past three years. Past performance references can be for the vendor, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the acquisition.

Each performance reference is limited to 2 pages and shall include the following information:

● Several points of contact (Contracting Officer, Contracting Officer's Representative and any other pertinent officials that can verify performance) -name, agency/company, address, phone number and email address

● For contracts with the Federal Government, indicate whether the government has evaluated the contractor and past performance information is available through CPARS or whether the reference will be providing information via the past performance questionnaire (see Attachment 1)

● Contract title

● Contract number (and task order number when applicable)

● Contract type

● Total contract value (including base & all options)

● Project description and size information

● If the past performance reference is for a subcontractor, identify the major or critical aspects of the requirement that they will perform https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

● Relevancy to the statement of work for the subject solicitation

● Did the contract include small business subcontract goals for small disadvantaged business concerns? If so, were the goals met?

● Provide an explanation of problems, delays, cost overruns and corrective actions taken.

In addition to the past performance information specified above:

For contracts that have performance information available through CPARS, Offerors are requested to provide a copy of the CPARS report.

2.3.3 Price Quotation Evaluation

The Government seeks quotes with a total price not to exceed $185,000.00 per contract year.

Price evaluations will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 13.106-1. Award will be made to the Vendor whose price proposal represents the best value to the Government. Vendors' price proposals will be evaluated to determine total price reasonableness and best value to GSA. Prices that are excessively high or low may be considered unreasonable, and may receive no further consideration. Prices will be evaluated to ensure consistency with the Vendor’s commercial price list.

The Government will evaluate the quoted total price for the total period of performance (12-month base period and 4 12-month option periods) to be consistent with prices as approved in the vendor's commercial price list and demonstrates ability to fully meet the tasks listed in the Statement of Work (SOW).

The price proposal will be evaluated for consistency and understanding of the requirements set forth in this RFP and Statement of Work (SOW).

GSA will confirm that the rates in the proposal are accurate when compared to the vendor’s current commercial price list. Proposals containing inaccurate pricing information will be deemed ineligible for award and may not be further evaluated.

2.3.4 Best Value - Tradeoff Evaluation Process

Proposals must demonstrate a clear understanding of the nature and scope of the work required.

Failure to provide a responsive, reasonable, and complete Proposal may reflect a lack of https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary understanding of the requirements and may result in a Proposal receiving no further evaluation and determined ineligible for award.

Award of a Firm-Fixed Price contract will be made to the responsible vendor whose Proposal conforms to the requirements outlined in this RFP and is determined to represent the best value to the Government in terms of technical merit and proposed price.

Vendors should note that technical / non-price factors, when combined, are significantly more important than price. The technical/non-price evaluation factors are listed in descending order of importance. To receive consideration for price evaluation, a rating of no less than Acceptable must be achieved for all non-price factors/criteria.

However, as proposals become more equal in terms of technical/non-price evaluation factors, price will become a more important factor.

Vendors must meet all the requirements for the technical/non-price factors in order to move forward with the price evaluation.

Communications:

The Government intends to award without communications. Vendors shall provide their best, complete Proposal upon initial submission. The Government reserves the right to hold communications if deemed necessary by the Contracting Officer.

Government-employee representatives from the requiring program office shall provide technical evaluation of all Proposals based on the Proposals/documentation provided. The evaluations will be based on the evaluation criteria set forth above.

2.3.5 Evaluation of Options

For award purposes, in addition to the vendor’s response to the base period requirements, the Government will evaluate the vendor’s Proposal in response to all RFP option periods.

Evaluation of the option periods will not obligate the Government to exercise the options.

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SECTION III Statement of Work

3.1 GENERAL: See attached SOW

The purpose of this Statement of Work (SOW) is to identify a vendor that can provide assessments that provide actionable insights to expand the leader’s capacity and are grounded in a theory of change in accordance with the requirements in the SOW.

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SECTION IV Firm Fixed Price Contract Clauses and Terms and Conditions

4.1 General

The terms and conditions provided for in the vendor’s commercial price list are incorporated in this requirement. All order of precedence issues shall be governed by FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services, as supplemented and deviated from in GSAR 552.212-4.

4.1.1 Period of Performance: As indicated in the Statement of Work (SOW), the Government desires services for one twelve (12) month base period and four (4) twelve (12) month option periods. Options, if determined required, shall be exercised in accordance with applicable regulations.

4.1.2 Task Order Award: Award of the resultant contract shall be made via a bilaterally signed SF1449. Award shall consist of mandatory Firm-Fixed Price Contract Line Item Numbers (CLINs).

4.2 Task Order Level Clauses

In addition to the clauses set forth therein the Contractor’s commercial price list, the following additional clauses are herein made a part of, and pertain to, any resultant contractual action for this contract.

4.2.1 Task Order Level Clauses Incorporated by Reference:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.

(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/

The following clauses are incorporated by reference, and made a part of, the resultant contract:

Clause No Title Date

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary https://www.acquisition.gov/far/ https://www.acquisition.gov/far/ https://www.acquisition.gov/far/

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards JUN 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

OCT 2020

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

AUG 2019

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2021

52.212-4 (Alternate I)

Contract Terms and Conditions—Commercial Products and Commercial Services (ALTERNATE)

NOV 2021

52.217-5 Evaluation of Options JULY 1990

52.219-6 Notice of Total Small Business Set-Aside MAR 2020

52.237-3 Continuity of Services JAN 1991

52.232-18 Availability of Funds APR 1984

52.232-22 Limitation of Funds APR 1984

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards

JUN 2020

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52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.217-8 Option to Extend Services

(a) Fill-In Date: 5 Days

NOV 1999

52.217-9 Option to Extend the Term of the Contract

(a) Fill-In Dates: 60, 90

(c) 60 months

MAR 2000

52.252-2 GSAM CLAUSES INCORPORATED BY REFERENCE

The full text of a provision may be accessed electronically at: GSAM website:

https://www.acquisition.gov/gsam/gsam.html

Clause No Clause Title Date

552.203-71 Restriction on Advertising SEP 1999

552.204-9 Personal Identity Verification Requirements JUL 2020

552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(DEVIATION I)

AUG 2019

552.212-4 Contract Terms and Conditions—Commercial Items

(FAR DEVIATION)

FEB 2018

https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

552.212-71 Contract Terms and Conditions Applicable to

GSA Acquisition of Commercial Items MAY 2019

552.212-72 Contract Terms and Conditions Required to

Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial

Items

MAY 2019

552.232.25 Prompt Payment (Nov 2009) (Deviation FAR 52.232-

25) NOV 2009

552.217-71 Notice Regarding Option(s) NOV 1992

552.232-39 Unenforceability of Unauthorized Obligations (FAR

DEVIATION) FEB 2018

SECURITY CLAUSES INCORPORATED BY REFERENCE

Clause No Clause Title Date

FAR 52.204-2 Security Requirements AUG 1996

FAR 52.224-1 Privacy Act Notification APR 1984

FAR 52.224-2 Privacy Act APR 1984

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

Note: The government is in the process of exploring a creative commons IP clause for discussion at kick off.

The following GSA policies must be followed as applicable:

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1. Attachment A - CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements

2. Attachment B - CIO 12-2018, IT Policy Requirements Guide

The contractor’s personnel involved with this contract are required to review above-cited contract clauses and policies and ensure compliance throughout the life of this contract.

These policies can be found at http://www.gsa.gov/directives or https://insite.gsa.gov/directives

4.2.3 Contract Clauses Incorporated in Full Text

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 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.] https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary http://www.gsa.gov/directives http://www.gsa.gov/directives https://insite.gsa.gov/directives https://insite.gsa.gov/directives x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government I a(Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C.

2402).

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

x (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].

x (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).

(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).

x (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) (x15 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.

x (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and(3)) https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

(17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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. 637s).

(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 Representation (Sep 2021) (15U.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) (15U.S.C. 637(a)(17)).

x (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

x (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 (Sep 2016) (E.O.11246).

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

x (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.

x (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.

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

https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary x (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).

x (36) 52.222-54, Employment Eligibility Verification (MAY 2022).

(Executive Order 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 (Jun2014) of 52.223-14.

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

x (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. 552 a).

https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

(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.chapter83, 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.

x (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

x (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. 2302Note).

(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).

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

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

x (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary

(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. chapter67).

(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).

x (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) (29U.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).

(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 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary 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 https://easi.pbs.gsa.gov/suite/tempo/records/item/lMBinLDeHJegYbgj4pEnkiRCI1DbSUsup2_hohwKZP-PMZ6RM6HfLGBnnd78tRtXyJtR0OFWj2DUcVs5xb5yEr14NVv6astXRg18CrUgGkxxp0IMg/view/summary 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 2015) (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) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 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 (Nov 2021) (E.O.

12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(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,…