RFQ N62473-21-Q-3425 Restroom Trailers.pdf

NOTICE TO CONTRACTOR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is N62473-21-Q-3425. It is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07. The North American Industry Classification System (NAICS) Code for this acquisition is 562991. The size standard is $8 million. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions.

Naval Facilities Engineering Systems Command Southwest (NAVFAC SW) requests responses from qualified sources capable of providing the following items that must meet the salient characteristics described below:

Description of Services:

The contractor shall provide restroom trailer with flushing toilets and sink to include supplies and services throughout the duration of Bldg. 497 renovation on Naval Air Station Coronado.

Trailer shall contain a minimum of the following: one female restroom furnished with sink and toilet, two male private stalls, and two urinals with a common sink area. Restrooms shall be furnished with toilet paper, seat covers, soap and paper towels. Restroom trailer shall have interior lighting and built-in waste tank. Restroom trailers do not need to be ADA accessible.

The Government is responsible supplying utilities to trailer upon delivery, i.e. electric connection and water supply by a garden hose connection.

The Contractor will provide one restroom trailer in one location. The specific location will be designated and the Contractor will be escorted to where they will put them. The location will be serviceable by a road. The location for the trailers is large enough to accommodate a trailer up to 30 feet long and 10 feet wide.

Contractor shall be responsible for the cleaning, pumping out and refilling stock at the restroom trailers 2x per week. Specifics as follows:

- The Contractor will provide and stock the restroom trailer with toilet paper, sanitary seat covers, soap and paper towels.

- The Government is unable to drain the waste tank onsite. The contractor shall service the restroom trailer.

If the restroom trailers need to be moved for operational purposes, the contractor will move them (please include price to move trailer as Option 2).

Period of Performance:

Base Period: May 3, 2021 – May 2, 2022 Option Period 1: May 3, 2022 – November 2, 2022

Schedule of Services:

CLIN Description Quantity UOM Unit Price Total Price

0001 Restroom Trailers Lease and Servicing

12 MO

1001 Restroom Trailers Lease and Servicing

6 MO

1002 Moving Restroom Trailer

1 Move

Note: Quote MUST be good for at least 30 calendar days after the solicitation close date. Quotes received after the below-mentioned closing date and time will not be accepted. NAVFAC SW is a federal agency and is tax exempt.

Delivery/Acceptance location:

The service maintenance shall be performed at Undersea Rescue Command Compound, near Bldg. 497 Moffett Road, Naval Air Station, North Island, San Diego, CA 92135. FBO Destination: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

Primary Delivery POC:

LS1 Judith Santos Tel: (619) 545-6882 Email: judith.santos@navy.mil

Alternate Delivery POCs:

LT Curtis Khol Tel: 619-545-9188 Email: curtis.khol@navy.mil MMA1 Bobby Perry Tel: (913) 409-5529 Email: bobby.j.perry@navy.mil

Basis of Award and Evaluation Factors:

The Government will make a single award to the responsible Contractor whose quotation is most advantageous to the Government on a Lowest Price, Technically Acceptable basis. Evaluation will be conducted, and selection will be made in accordance with the guidelines provided in the Federal Acquisition Regulation (FAR), and this solicitation.

The Government will evaluate information based on the following evaluation criteria:

1. Technical Capability Offeror's technical quotation will be evaluated to determine if the Offeror provides a sound, compliant service that meets the requirements of the Government's technical specifications provided in the section above entitled “Description of Services.” An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to clearly demonstrate an ability to meet the Government's technical specifications shall be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.

Assumptions: Offerors shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated, or exceptions have been taken with the requirements as written. These assumptions, conditions and exceptions shall be written in red ink and listed on the first three pages of the offeror's Technical Capability submission. If technical assumptions are not noted in the technical submission and this section of the quotation, it will be assumed that the offeror’s quotation reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

2. Price Price will be evaluated for reasonableness. Offerors are encouraged to discount their rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.

Assumptions: Offerors shall indicate, in this section only, if any exceptions/assumptions to the pricing terms and conditions of the solicitation. These assumptions, conditions and exceptions shall be written in red ink and listed on the Price Quote. If price assumptions are not noted in Price Quote, it will be assumed that the quote reflects no price assumptions for award and that the offeror agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quote. Accordingly, any price related assumptions listed in any other section shall be null and void.

The Government reserves the right to make an award without discussions based solely upon initial quotations. Therefore, offerors should ensure that their initial quotation constitutes their best offer in terms of both price and the technical solution being proposed.

Instructions to Offerors:

All offerors shall submit a firm-fixed-price quote.

Questions shall be submitted via email to Stephanie.scannell@navy.mil no later than 11:00am on April 19, 2021.

The offerors shall submit a quote to the Contract Specialist via email to Stephanie.scannell@navy.mil no later than 11:00am PST on April 21, 2021. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Include the DUNS number on the quote. In order to be eligible for award, vendor must be registered and have an active System for Award Management (SAM) account.

The Government intends to award contract a result of this solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s).

Contracting Office Points of Contact:

Stephanie Scannell, Contract Specialist Email: Stephanie.scannell@navy.mil Office: (619)-705-4926

Rea Estrella Email: Rea.Estrella@navy.mil Office: (619) -705-4969

DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS)

(a) In accordance with CNICMEMO dated May 5, 2017, individuals currently using an NCACS credential for Installation access are required to switch to a DBIDS no later than 14 August 2017. After 14 August 2017, the NCACS credential will no longer be valid for access to Navy Installations.

(b) NCACS users may visit the local Navy Installation Visitor Control Center to obtain a DBIDS credential. To ensure uninterrupted Installation access, current NCACS credential holders are encouraged to shift to the DBIDS credential as soon as possible as Navy does not have the ability to extend this deadline. There are no fees incurred by the contractor, vendor, or supplier to obtain a DBIDS credential.

(c) Individuals who apply for NCACS credentials during the period of 17 April through 31 May 2017 must also obtain DBIDS credentials. NCACS credentials issued after 17 April 2017 will no longer be accepted without an accompanying DBIDS credential for Navy Installation access.

(d) DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website:

https://www.cnic.navy.mil/om/dbids.html

For more information or to enroll in the DBIDS Program call:

1.202.433.4784.

For Naval Base San Diego Pass and Decal Office, call: 1.619.556.1653

For Marine Corp Air Command Combat Center 29 Palms, Security Pass and Decal Office, call: 1.760.830.7700

For Naval Air Station Lemoore, Security Pass and Decal, call: 1-559- 998-

(e) Vendors, contractors, suppliers and other service providers shall present their pass upon entry at ECP.

This acquisition incorporates by reference the following FAR provisions and clauses:

52.204-7 – System for Award Management (Oct 2018)

52.204-13 - System for Award Management Maintenance (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-18 Commercial and Government Entity Code Reporting (Jul 2016)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2020)

Contractors are reminded to either include a completed copy of 52.212-3 and its ALT I with offers, or alternatively, the provision can also be submitted at https://www.sam.gov.

52.212-4 – Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.217-5 – Evaluation of Options (Jul 1990)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

Additional contract terms and conditions applicable to this procurement are:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

252.204-7016 Covered Defense Telecommunications Equipment Or Services— Representation (Dec 2019)

252.204-7017 Prohibition On The Acquisiton Of Covered Defense Telecommunications Equipment Or Services—Representation (Dec 2019)

252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services (Dec 2019)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225-7000 Buy American--Balance of Payments Program Certificate—Basic (Nov 2014)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime (Feb 2020)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018)

252.232-7010 Levies on Contract Payments (Dec 2006)

252.244-7000 Subcontracts for Commercial Items (Jun 2013)

252.246-7003 Notification of Potential Safety Issues (Jun 2013)

252.246-7008 Sources of Electronic Parts (May 2018)

252.247-7023 Transportation of Supplies by Sea—Basic (Feb 2019)

The following clauses incorporated by full text apply to the solicitation:

52.212-1 Instructions to Offerors-Commercial Items

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

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

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the

Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal

Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers;

or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: Technical Capability, and Price.

FACTOR 1: Technical Capability; defined as the ability of the products to meet the salient characteristics needed.

FACTOR 2: Price; the government shall conduct a price evaluation of all technically acceptable quotes.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2020)

(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 2019) (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 items:

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

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

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

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

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

13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(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.)

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

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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).

52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- -Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial 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 2019) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

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

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

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

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

793).

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

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

13658).

(xviii) 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. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES

(DEVIATION 2020-O0019) (JUL 2020)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18 months.

(End of Clause)

******* End of Combined Synopsis/Solicitation ********