RFQ BPA 2031ZA23Q00070.pdf

REQUEST FOR QUOTE (RFQ)

2031ZA23Q00070

BEProud Award Ceremony

Table of Contents

Section Description Page Numbers I Blanket Purchase 2-4 II Statement of Work 5-12 III Special Requirements 13-16 IV Clauses 17-26 V Attachments 27 VI Certifications 28-52 VII Instructions to Offerors 53-56 VIII Evaluation Factors for Award 57-58

RFQ #2031ZA23Q00070

SECTION I - BLANKET PURCHASE AGREEMENT (BPA)

I. Authority

A. This Blanket Purchase Agreement (BPA) is established under the authority of Subpart FAR 13.303-2, Establishment of BPAs.

B. This procurement is set-aside for Small Business in accordance with FAR 19.1501 Small

Business Total Set-Asides, Partial Set-Asides, and Reserves.

C. The purpose of this BPA is to purchase various awards that shall be distributed during the BEProud Award Ceremony. The applicable North American Industry Classification System (NAICS) is 459999, All Other Miscellaneous Retailers. The Size Standard is in millions of dollars $11.50.

D. The contractor shall comply with all terms and conditions under this BPA and any

BPA Call hereafter referred to as a "Call Order" issued against the BPA. The terms and conditions in this BPA apply to all Call Orders placed pursuant to it. In the event of an inconsistency between the terms and conditions of the BPA and Call Orders, the terms and conditions of this BPA will take precedence.

II. Blanket Purchase Agreement Line Item Number Structure

A. BPA Line Item Numbers will be established on each Call Order that is placed against this BPA. All pricing shall be in accordance with the contractor's pricing provided in Attachment B, Price Schedule.

III. Awarding BPA Call Orders Under The BPA Agreement

A. Call Order: The supplier shall furnish various awards upon request by the

Contracting Officer during the life of and within the limits of this BPA. A Call Order is the contractual instrument issued by the Government to the contractor to order work. The Call Order is issued upon agreement between the Government and the contractor on the performance, performance time, and the price for the work.

The Call Order will be the Notice-To-Proceed. An individual Call Order will be Fixed Price. Order for Supplies or Services Form (Optional Form 347) will be issued for each Call Order. BPA Call Orders may be emailed or faxed, whichever is more expeditious. The government reserves the right to issue BPA Call Orders unilaterally.

A Call Order placed under this BPA shall contain the following information:

(i) Name of Supplier

(ii) BPA number

(iii) Date of purchase

(iv) Call number.

(v) Itemized list of supplies furnished

(vi) Quantity, unit price and extension of each item less applicable discounts

(vii) Date of delivery of shipment

B. Modifications to Call Orders may be required due to increased scope of work or a decreased scope of work. Modifications are issued pursuant to specific standard clauses contained in the basic agreement. All Call Orders are subject to the terms and conditions of this BPA. In the event of conflict between a Call Order and this BPA, the BPA shall control.

C. This Blanket Purchase Agreement does not guarantee the contractor issuance of any Call

Orders.

IV. Ordering Period

The term for this BPA will be for five (5) one-year Ordering Periods from the effective date of agreement.

V. Authorized Users

Warranted Government BEP Contracting Officers are the only individuals authorized to place Call Orders under this BPA. This BPA is for BEP use only.

VI. Limits

This BPA does not obligate any funds and it does not authorize any work. The Government is under no obligation to the BPA holder to purchase any specified quantity or dollar value of supplies. The Government is obligated only to the extent of authorized orders made under the BPA. It is the responsibility of individual ordering entities under this BPA to ensure adequate funds are available. To comply and in accordance with FAR 13.303-5(b), individual Call Orders under this BPA shall not exceed $43,633.68 (USD).

VII. Cancellation

This BPA may be unilaterally cancelled by the Contracting Officer if the BPA holder fails to perform in accordance with the terms and conditions of this BPA, Call orders established under this BPA, or if deemed in the best interest of the Government.

VIII. Notification Regarding Administrative or Other Issues

If at any time during the performance of this BPA, administrative or other issues should arise which will have an adverse impact on timely performance by the BPA holder or affect the costs or funding, the BPA holder is required to immediately notify the Contracting Officer identified in this BPA. This notification shall be in writing.

[END OF SECTION]

SECTION II - STATEMENT OF WORK

1.0 BACKGROUND:

The Bureau of Engraving and Printing (BEP) is a component of the Department of Treasury and has a requirement to purchase various awards for the annual BEProud Award Ceremony hosted by the Office of Human Resources.

2.0 SCOPE:

The proposed Blanket Purchase Agreement (BPA) will encompass all of the commercially available awards listed in Attachment A, List of Awards. In addition, the expected capacity of this BPA will reduce administrative costs by eliminating repetitive competitive individual purchase orders, satisfy recurring requirements, and provide opportunities to negotiate improve volume discounts.

The contractor shall be responsible for supplying and timely delivery of the required parts upon receipt of an approved BPA Call Order to BEP facilities located at Fort Worth, Texas (WCF) and Washington DC (DCF).

3.0 TECHNICAL SPECIFICATIONS:

The Contractor shall provide all of the parts per specifications on Attachment A, List of Awards.

The proposed awards shall closely resemble the salient characteristics of all awards listed (i.e.

image, size/dimensions, and engraved message) as specified in Attachment A. The List of awards contains the image and dimensions. BEP will provide the vendor with engraved messages for individual awards during each ordering period. The contractor must meet or exceed each of the applicable award requirements according to specifications.

4.0 PERFORMANCE PERIOD:

The proposed BPA agreement shall have five (5) one-year Ordering Periods from the effective date of the contract/agreement award for a total of 5 years.

5.0 PLACE OF DELIVERY:

Deliverables as required during the performance of this agreement shall be delivered F.O.B.

destination. The parts as required herein shall be delivered through the life of the contract/agreement to the following address:

Bureau of Engraving and Printing (BEP) Western Currency Facility (WCF) 9000 Blue Mound Rd, Fort Worth, TX 76131

Bureau of Engraving and Printing (BEP) Eastern Currency Facility (DCF) 14th and C Streets, SW Washington, DC 20228

Delivery Requirements:

The following DELIVERY information must be provided when scheduling delivery appointments: (1) Name of supplier/manufacturer; (2) Contract/Purchase Order#; (3) Total number of items; (4) Total weight; and (5) Date and time of delivery.

Deliveries to Washington, DC Facility, D Street, between 13th and 14th Streets, SW, Washington, D.C. 20228

Loading Dock Hours of Operation for Washington, D.C., Annex Building-(LOADING DOCK ON “D” STREET SW, BETWEEN 13th & 14th STREETS SW)

Monday to Friday, 8:00am to 2:15pm (Local Time), excluding holidays.

Loading Dock Hours of Operation for Fort Worth, TX (9000 BLUE MOUND ROAD, FORT

WORTH, TX)

Monday to Friday, 7:00 am to 2:00 pm (Local Time), excluding holidays.

Contractors shall call the Washington, D.C. facility at (202) 874-2333 at least twenty-four (24) hours in advance to schedule approximate delivery times. The appointment line is staffed from 6:30 am to 2:30 pm local time, Monday through Friday, excluding holidays. As for the Fort Worth, TX location, contractors shall call (817) 231-4168 or (817) 847-3664 at least twenty-four (24) hours in advance to schedule approximate delivery time. The appointment line is staffed from 6:00 am to 2:30 pm local time, Monday through Friday, excluding holidays. A voice mail message maybe left after normal working hours. The following information should be provided: (1) Supplier/manufacturer Name, (2) Contact Person with phone number, (3) Contract/Purchase Order Number, (4) Total number of cartons or pallets, (5) Total weight, and

(6) Date and Time of Delivery

Washington, D.C. Facility Delivery Constraints: The Washington, D.C. facility has delivery vehicle constraints. The maximum truck size that can be accommodated is a height of 12 feet 6 inches from the ground to the top of the trailer and a length of 40 feet. A 42 foot truck with a short tractor may be substituted for a 40 foot truck limitation. The truck must be adequately equipped with dual tandem and adjustable rear wheels. Truck and content of load cannot exceed 44,000 pounds. Each pallet/ carton cannot exceed 4,000 pounds. Trucks and pallets/cartons over the outlined size limits will be turned away unless other arrangements have been outlined in contract requirements.

BEP Year-End Shutdown (Y.E.S) Period and Federal Holidays:

BEP observes federal holidays which are listed in the Office of Personnel website at https://www.opm.gov/fedhol/ . The Presidential Inauguration Day is applicable only to the Washington DC Currency Facility (DCF).

BEP' s Y.E.S period typically occurs on December 25th through January 1st of each calendar year.

The following instructions are required for any shipments to the BEP:

Notice of Packing Slip Requirements

The following outlines the Bureau of Engraving and Printing's packing slip requirements to ensure efficient processing of shipments to the Washington, District of Columbia and Fort Worth, Texas buildings:

The Bureau of Engraving and Printing requires that all packing slips be placed in a self-adhesive packing list envelope and affixed to the outside of shipment box or package. The packing slip will include, at minimum, the following information:

General Items - Information required for each shipment:

• The name of the supplier

• The BPA number

• BPA Call Order Number - The Delivery order number BEP assigned to this purchase

• The date of purchase

• An itemized list of supplies furnished

• Date of delivery or shipment

• Shipping Address - Point from which the merchandise was shipped

• Telephone Number - The telephone number of the vendor contact for inquiries related to the merchandise

• Customer Information - The name and telephone number of the party to which the merchandise is being shipped

• Total Weight of Packages (if item is sold to BEP in pounds)

• If items are drop shipped from a supplier, you must ensure the proper Call Order number is written on the packing slip by your supplier

Line Items - Information required for each line item included in the shipment:

• Manufacturer Product Identification - Item Number assigned by manufacturer /supplier

• BEP Product Identification (If Applicable) - Stock Item Number assigned by BEP

• Quantity Ordered - Quantity on the purchase order or unit of measurement

• The unit price of each item, less applicable discounts (or can otherwise be provided via invoice)

• Quantity Shipped - With the packing slip

• Quantity Back-ordered, where applicable

• If the packing slip contains multiple purchase orders, each line item should include the applicable purchase order number http://www.opm.gov/fedhol/

Notice of Shipping Label Requirements:

Every box/skid must have at least one shipping label applied to it. The label shall include, at minimum, the following information:

• Manufacturer or Supplier - Name of Manufacturer or supplier/and

• Shipping Address - Point from which the merchandise was shipped/and

• BPA Call Order Number; and

• Customer Name & Telephone Number - First and last name, building and room#

**Failure to adhere to the packing slip and shipping label requirements could result in shipment rejection, processing delay and payment delay.

6.0 BUREAU INSPECTION AND ACCEPTANCE:

Responsibility for Inspection and Testing: The BEP reserves the right to perform any inspections and tests set forth for every spare part, to include inventory of parts list and supp lies listed on each BPA Call Order. The spare part(s) shall meet or exceed the minimum technical requirement as required herein.

Final Acceptance: The awards must be inspected by the appointed Contracting Officer Representative (COR) prior to final acceptance by the BEP.

7.0 WARRANTY:

The Contractor warrants that all awards delivered hereunder are merchantable and fit for use for the particular purpose described in this SOW.

Warranty shall include replacement of defective awards prior to BEP's final acceptance of the awards.

If the contractor is required to correct or re-perform during the warranty period, it shall be at no cost to the Government and any services corrected or re-performed during the warranty period shall be subject to the same extent as work initially performed. If the contractor fails or refuses to correct or re-perform under the warranty period, the BEP Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the contractor thereby, or make an equitable adjustment in the contract price. The contractor shall provide all necessary information for the program office POC to make service contacts, i.e., names, physical addresses, email addresses and telephone numbers. Upon completion of a service call, the contractor shall furnish a report, in English, documenting the work performed and any recommendations, including preventative maintenance, to lessen the potential of a future reoccurrence.

8.0 DOCUMENTATION:

The Contractor shall provide English-language documentation that describes the industry specification of each spare part. The Contractor shall provide the BEP with accurate, complete, and up-to-date technical documentation. The documentation shall include operational manuals, maintenance manuals, technical support contact information, and component purchasing information.

9.0 DELIVERABLES:

All post-warranty and telephone / email support shall be performed in accordance with the requirements and will be monitored by the program office in accordance with the following schedule:

Deliverables Schedule Delivery Method

Biweekly Status Report - report will consist of delivery schedule, delays, etc.

1st of every month

E-mail

Mitigation Plan - plan to replenish critical, problem, or obsolete items, & delays

As required

Email

10.0 ACCESS TO GOVERNMENT FACILITIES:

The BEP is a secured facility and all instructions of the BEP Police must be obeyed. Weapons, cameras, and alcohol or illegal drugs are not allowed on site and are subject to seizure. During the life of the agreement, access to the Government facility for the Contractor, its subcontractors, and suppliers shall be made available as required. During all operations on Government premises, personnel for whom the Contractor is responsible shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require the Contractor's employees to sign in and/or sign out of the Government facility.

The BEP will not provide parking for the BEP Washington D.C. Facility.

The Bureau of Engraving and Printing may temporarily shut down either Facility unexpectedly. In such circumstance, the contractor will not have access into the facility temporarily until the facility has been cleared to re-open. The contractor will be allowed additional time if necessary to meet schedule or performance requirements when the facility closes under such circumstances.

11.0 ON-SITE WORK RESTRICTIONS:

When performing services at the place of installation such work must be performed without:

a. Interfering with Government business;

b. Unduly restricting traffic;

c. Causing unsafe conditions for employees and visitors; and

d. Adversely affecting the operation of BEP Facility.

e. Non-compliance with security regulations.

f. Failure to adhere to this requirement can be considered grounds for termination.

12.0 ORGANIZATIONAL CONFLICTS OF INTEREST:

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR Subpart 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the

Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

1) Notify the Contracting Officer of a potential conflict, and;

2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

3) Present for approval a conflict of interest mitigation plan that will:

• Describe in detail the changed requirement that creates the potential conflict of interest; and

• Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

13.0 DISCLOSURE OF CONFLICTS OF INTEREST:

It is the BEP policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by BEP or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy, if at any time during the performance of this contract the Contractor knows of any conflict of interest situation affecting the organization, any of its officers or Key Persons working under this contract, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:

(a) The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by BEP, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this contract. The interest(s) described shall include those of the Contractor, its affiliates, consultants, Subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical quote. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

(b) The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and / or rectify the situation, and why it believes, in light of the interest(s) identified in (a) above, that performance of the contract can still be accomplished in an impartial and objective manner.

(c) In the absence of any relevant interest identified in (a) above, the Contractor shall certify in its statement that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Contractor must obtain the same information from any potential Subcontractors prior to award of a subcontract.

(d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to BEP, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the contract, or (2) determine that it is otherwise in the best interest of the United States to continue the contract with the Contractor and (3) modify the contract to include appropriate provisions to mitigate or avoid such conflicts in the contract.

(e) If the Contractor refuses to provide the written statement called for in paragraph (a), or any additional information that the Contracting Officer may require, the Contracting Officer may terminate the Contract for convenience if he or she deems that termination is in the best interest of the Government.

SECTION III - SPECIAL REQUIREMENTS

I. BPA Administration Office

(a) This BPA contract will be administered by:

Bureau of Engraving and Printing (BEP) Office of Chief Procurement Officer (OCPO) 14th and C Streets, S.W.

Washington, D.C. 20228-0001

(b) Written communication to the Contracting Officer (CO) shall make reference to the BPA contract number.

II. DTAR 1052.201-70, Contracting Officer's Representative (COR) Appointment and

Authority (APR 2015)

(a) The COR will be appointed at BPA award.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fi11s in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the

Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause)

III. Type of Contract

This is a Firm Fixed-Price type Blanket Purchase Agreement (BPA).

IV. Interpretation of BPA Requirements

No interpretation of any provision of this BPA, including applicable specification(s)I work statement, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

V. Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR, in writing, giving pertinent details, provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by BEP of any delivery schedule or date or of any rights or remedies provided by law or under this contract

VI. Post Award Meeting

At its discretion, BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to:

introduce key participants and explain their roles, review deliverables, review the statement of work and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The Contracting Officer will provide advance notice, agenda and, meeting days and time; which will be between 8AM-4PM Eastern. If BEP determines that a post award meeting is necessary, the day(s) and time(s) of any such meeting will be determined after contract award.

VII. Bureau's Regulations

All persons working on Bureau premises under the terms of the Contract shall, while on the premises, be under the administrative direction of the Contracting Officer and shall be subject to all general rules and regulations governing the Bureau and, in particular, all applicable security regulations. If the contract requires contract employees to work on Bureau premises for a period of time exceeding five calendar days, such employees will be subject to an appropriate preliminary personnel security check to be conducted by the Bureau's Office of Security. Such employees shall be approved by the BEP prior to commencing work on the premises.

Employees who do not meet established security criteria shall not be permitted to work on the premises.

VIII. Evaluation of Contractor Performance

A. Interim and final evaluations of Contractor performance will be prepared for this contract in accordance with FAR 42.1503. The final performance evaluations will be prepared at the time of completion of work.

B. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

C. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

D. Bureau of Engraving and Printing utilizes the Contractor Performance Assessment

Reporting System (CPARS) and the Federal Awarded Performance and Integrity Information System (FAPIIS) to record and maintain past performance information.

The past performance systems host a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations.

The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support, Architect-Engineer contracts and performance on Construction contracts. CPARS reference material can be accessed at https://cpars.gov.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time period. After the BEP Contract Specialist registers the contract in one of the systems listed above, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a system User ID.

Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that https://cpars.gov/ the performance evaluation is electronically available for review and comment.

The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from system. Contractors may access evaluations at one of the website listed above for review and comment in CPARS.

IX. Contractor's Representative (CR)

A. Upon award, the Contractor shall furnish to the Contracting Officer the name of the person he has designated and assigned exclusively to this contract as his agent or representative. The Contractor's Representative shall exercise overall management responsibility for the contract effort, receive technical direction, and handle problems arising under the contract, such as, dismissals, disciplinary matters, etc. The CR is further responsible for coordinating matters of mutual concern with the BEP representatives. In the event questions of responsibility arise, they shall be resolved by the Contracting Officer or his authorized representative.

B. The CR may not be diverted to other projects for 14 consecutive days or more without giving prior written notification to the Contracting Officer or his representative. Such notification shall include a justification for the diversion, together with information on the proposed substitute in sufficient detail to permit analysis of any potential negative effects on Contract performance. No substitution shall be made without the written consent of the Contracting Officer; provided, however, that the Contracting Officer may grant such consent retroactively. Any such substitution of a permanent nature will be made a part of this contract through the issuance of a modification.

C. When the CR is temporarily unavailable to manage the contract effort for a period longer than 72 hours, including absences due to vacation or illness, the Contractor shall provide to the COR written designation of an alternate representative, itemizing any limitations in the alternate's authority. The procedures of paragraph (A) above do not apply to such temporary designations unless they are expected to exceed the time period indicated in that paragraph.

SECTION IV - CLAUSES

FAR 52.202-1, Definitions (JUN 2020)

FAR 52.203-3, Gratuities (APR 1984)

FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

FAR 52.203-17, Contract Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-13, System for Award Management Maintenance (OCT 2018)

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

FAR 52.211-6, Brand Name or Equal (AUG 1999)

FAR 52.212-1, Instructions to Offerors - Commercial Items (SEP 2021)

FAR 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2018)

FAR 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)

FAR 52.223-10, Waste Reduction Program (MAY 2011)

FAR 52.232-11, Extras (APR 1984)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.242-13, Bankruptcy (JUL 1995)

FAR 52.246-1, Contractor Inspection Requirements (APR 1984)

FAR 52.246-2, Inspection of Supplies-Fixed Price (AUG 1996)

FAR 52.246-16 Responsibility for Supplies, (APR 1984)

FAR 52.247-34, F.O.B. Destination (NOV 1991)

FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998)

FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998)

FAR 52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (SEP 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate !(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

XX (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].

XX (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. (Jun 2020) (31 U.S.C. 6101 note).

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

_ (10) [Reserved].

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

_ (ii) Alternate I (Mar 2020) of 52.219-3.

_ (12) (i) 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).

_ (ii) Alternate I (Mar 2020) of 52.219-4.

_ (13) [Reserved] XX (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.

XX (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 (Jun 2020) (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.

XX (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)).

_ (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 20210) (15 U.S.C. 657f).

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

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

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

_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

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

_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C.637(a)(l 7)).

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

XX (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2021) (E.O.11246).

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

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

_ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (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.

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

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_ (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).

_ (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.

XX (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 (Jun2016) (E.O. 13693).

_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

_ (ii) Alternate I (Jan 2017) of 52.224-3.

XX (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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.

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

XX (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 (Nov2007) (42 U.S.C. 5150).

_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

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

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

_ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(l 3)).

_ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

_ (ii) Alternate I (Apr 2003) of 52.247-64.

_ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_ (1) 52.222-41, 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).

_ (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 Under Executive Order 13658 (Nov 2020).

_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 2.10 I , on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(l)(A) of Pub. L. 115-232).

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

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

(vii) 52.222-26, Equal Opportunity (Sep 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 (Oct 2020) (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 (May2014) (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 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix)

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of…