FY-2018_1st_Qtr_Bread_Subsistence.pdf

U. S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

P.G. Box 5666 YazooCity, Mississippi 39194

August 16, 2017

Dear Quoters:

Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex, Yazoo City, Mississippi, Contracting Office, for the acquisition of Bread Subsistence for the 1st Quarter of FY 2018. This package contains all the necessary information for submitting a request for quote for evaluation.

In submitting the request for quote, quoters should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quote.

All potential quoters are advised that this solicitation includes the clause FAR 52.212-4 which this clause requires all contractors doing business with the Federal Government after September 30, 2003, to be registered in the System for Award Management (S.A.M.) database. Quoters should include their Data Universal Number System (DUNS) number into the SAM database.

Quotes shall be received on or before the deadline of September 08,2017,2:00 pm Central Daylight Time, via email.

EMAILED quotes shall be submitted to the following email address:

kperryman@bop.gov

PLEASE DO NOT SUBMIT QUOTES TO ANY LOCATION OTHER THAN THE ONE LISTED ABOVE

Quotes received after the deadline will not be considered. Please submit any questions you may have in writing to my email at kperryman@bop.gov. We will consider all questions received and provide responses, where appropriate. If you have any other questions, please feel free to call at 662-716-1020 ext. 5813.

Sincerely, //s// Kirby Perryman, Contract Specialist

RFQP03151700016 Page 1 of 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITIONNUMBER

OFFERORTO COMPLETEBLOCKS 12,17,23,24 & 30

2 CONTRACTNO. 3. AWARD/EFFECTIVE 4. ORDERNUMBER 5. SOLICITATIONNUMBER 6. SOLICITATIONISSUE

DATE DATE

RFQP03151700016

7. FORSOLICITATIONINFORMATION a. NAME b. TELEPHONENUMBER(No collect calls) 8. OFFERDUEDATE/ LOCAL

CALL: TIME

KIRBY PERRYMAN (0) 662-716-1020 x5813 (F) 09/08/2017 14:00:00

9. ISSUEDBY CODE IBYAZ 10.THE ACQUISITIONl1S~"IJNRESTRICTED OR D SETASIDE %FOR

Federal Bureau of Prisons D SMALLBUSINESS D WOMEN-OWNEDSMALLBUSINESS(WOSB)

ELIGIBLEUNDERTHEWOMEN-OWNED

FCC Yazoo City D HUBZONESMALL SMALLBUSINESSPROGRAM NAICS 3 11812

2225 HALEY BARBOUR PARKWAY BUSINESS D EDWOSB

YAZOO CITY, MS 39194 D SERVICE-DISABLED SIZESTANDARD 500

VETERAN-OWNED D EmployeesSMALLBUSINESS 8(A)

11 DELIVERYFORFOB DESTINATION 12. DISCOUNTTERMS 13b. RATING

UNLESSBLOCKIS MARKED

0 138.THIS CONTRACTIS A

RATEDORDERUNDERDPAS

OSEE NET 30 (15 CFR 700) 14. METHODOF SOLICITATION

SCHEDULE 0RFQ

o IFB ORFP

15. DELIVERTO CODE BYAZ 16.ADMINISTEREDBY CODE I BYAZ

Federal Bureau of Prisons Federal Bureau of Prisons FCC Yazoo City FCC Yazoo City

2225 HALEY BARBOUR PARKWAY 2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194 YAZOO CITY, MS 39194

178.CONTRACTOR/ CODEI I FACILITY I 188. PAYMENTWILL BEMADEBY CODE IBYAZOFFEROR CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

TELEPHONENO

D17b CHECK IF REMITTANCEIS DIFFERENTAND PUTSUCHADDRESS IN 18b.SUBMIT INVOICE~ADDRESS SHOWlNIN BLOCK188UNLESSBLOCKBELOWIS

OFFER HECKED SEEADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Delivery Date: 10102/2017

BREADIBAKERY SUBSISTENCE

FY 2018 - 1st QUARTER October 02, 2017 to December 29, 2017

TIN

DUNS

See Continuation Sheet(s) ({:JI:' Reverseand or AllacllAdditionalSI/l;'I;'I.~as X"'t'uary)

25. ACCOUNTINGANDAPPROPRIATIONDATA 26. TOTALAWARDAMOUNT (For Govt. UseOnly)

E 278. SOLICITATIONINCORPORATESBY REFERENCEFAR52212·1. 52.212-4. FAR52.212-3AND 52.212-5AREATTACHED.ADDENDA B ARE ~ ARE NOTATTACHED 27b. CONTRACT/PURCHASEORDER INCORPORATESBYREFERENCEFAR52.212-4.FAR52.212-5 ISATTACHED.ADDENDA ARE ARE NOTATTACHED

D 28. CONTRACTORIS REQUIREDTO SIGNTHIS DOCUMENTAND RETURN COPIESTO D 29. AWARDOF CONTRACT:REF. OFFER ISSUINGOFFICE. CONTRACTORAGREESTO FURNISHAND DELIVERALL ITEMSSET FORTH DATED YOUROFFERON SOLICITATION(BLOCK5) OR OTHERWISEIDENTIFIEDABOVEAND ONANYADDITIONALSHEETSSUBJECTTO THE INCLUDINGANY ADDITIONSOR CHANGESWHICHARESET FORTHHEREIN.

TERMSAND CONDITIONSSPECIFIED. ISACCEPTEDAS TO ITEMS

308. SIGNATUREOF OFFEROR/CONTRACTOR 318. UNITEDSTATESOFAMERICA (SIGNATUREOF CONTRACTINGOFF/CER)

30b. NAMEAND TITLEOF SIGNER (TYPEORPR/NT) 30c. DATESIGNED 31b. NAMEOFTHECONTRACTINGOFFICER(TYPEORPRINT) 31c. DATESIGNED

Kirby Perryman 08/16/2017

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 2/2012)

PrescribedbyGSA· FAR (48 CFR) 53.212

RFQP03151700016 Page 2 of 30

19. 20. 21. 22. 23. 24.

ITEMNO. SCHEDULEOFSUPPLIESISERVICES QUANTITY UNIT UNITPRICE AMOUNT

32a. QUANTITYIN COLUMN21 HASBEEN

D RECEIVED D INSPECTED D ACCEPTED,AND CONFORMSTO THECONTRACT,EXCEPTAS NOTED: _

32b. SIGNATUREOFAUTHORIZEDGOVERNMENT 32c. DATE 32d. PRINTEDNAMEAND TITLEOFAUTHORIZEDGOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILINGADDRESSOFAUTHORIZEDGOVERNMENTREPRESENTATIVE 321.TELEPHONENUMBEROFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

329. E-MAILOFAUTHORIZEDGOVERNMENTREPRESENTATIVE

33. SHIP NUMBER 34.VOUCHERNUMBER 35.AMOUNTVERIFIED 36. PAYMENT 37. CHECKNUMBER

CORRECTFOR

DCOMPLETE DPARTIAL DFINAL

I PARTIAL I IFINAL

38. SIR ACCOUNTNUMBER 39. SIRVOUCHERNUMBER 40. PAID BY

41a. I CERTIFYTHISACCOUNTIS CORRECTAND PROPERFORPAYMENT 42a. RECEIVEDBY (Print) 41b. SIGNATUREAND TITLEOF CERTIFYINGOFFICER 41c. DATE

42b. RECEIVEDAT (Location)

42c. DATEREC'D (YYIMMIDD) j42d. TOTALCONTAINERS

STANDARD FORM 1449 (REV. 212012) BACK

.s.ttt.i!m I

RFQP03151700016 Page 3 of 30

Table of Contents

Description Pal:e Number

Solicitation/Contract Form 1 Commodity or Services Schedule 4 Contract Clauses 9

52.211-16 Variation In Quantity (Apr 1984) 9 52.204-99 System for Award Management Registration (September 2012) (DEVIA TION) 9 52.212-4 Contract Terms and Conditions--Commercial Items (May 2015) .

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015) .

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS(DEVIATION) (AUG 2012) 10

52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 20 14-01)(November 2013) 11

List of Attachments 16 Solicitation Provisions 19

52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) ..

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) 19

52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) ..

52.204-16 Commercial and Government Entity Code Maintenance (JuI2015) 20

RFQP03151700016 Page 4 of 30

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATIONSHEET

ITEMNO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Bread, Roll, Enriched,FinRerdHotDO~),Wheat, Pan Baked,Sliced, 12,000.000000 PG $ $ Fresh, Seedless. (CIDA- -2 053B, ype I, Class of Roll D, Style of Roll 3, BakeTKpea, Slice Type i, ProductState a, Seed type I).

Fresh breadsha be delivered within 48 hours after baking. State type and packagesize on the bid.

{Food ServicesAdministrator requests 12 rolls per package}

"State type of bread and packagesize on bid.

0002 Bread, Roll, Enriched,sandwich~HambUr~er),WholeWheat, Part 13,000.000000 PG $ $ WholeWheat or Multigrain,Pan aked, S Iced,Fresh, Seedless.

6CIDA-A-20053B,~pe I, Class of Roll C, Styleof Roll 2, 3, or 4, ake Type a, Slice ype i, ProductState a, Seed type I). Fresh breadshall be deliveredwithin 48 hoursafter baking. State type and packagesize on bid.

{Food ServicesAdministratorrequests 12 rolls per package}

"State type of bread and packagesize on bid.

0003 Kosher Bread,WholeWheat, 1.5 pound Loaf,Certified Kosher 40,000.000000 LF $ $ Parve , First inJ.redienton label must beWholeWheat Flour,See DeliverySche ule

{FSA Request22 slice Loaf}

QUANTITIES FOR DELIVERY WILL BE CALLED IN EACH WEEK AS NEEDED BY FOOD SERVICE STAFF BEGINNING OCTOBER 02,2017 TO DECEMBER 29,2017. DELIVERIES SHALL BE ON M-F, 7:30AM - 3:00 PM, EXCLUDING FEDERAL HOLIDAYS.

FOOD SERVICE WAREHOUSE 662-751-4800 ext. 4116

RFQP03151700016 Page 5 of 30

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercialltems (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con tract.

(x) Electronic funds transfer (EFT) banking information.

RFQP03151700016 Page 6 of 30

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Trans fer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.c. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EF7). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the time line specified in the de mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify

RFQP03151700016 Page 7 of 30 the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi tion Regulation in effect on the date of this contract.

U) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac ceptance, regardless of when or where the Government takes physical possession.

(0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.c. 1352 relating to limita tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.c. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.c. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or der:

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(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Systemfor Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence ofa properly executed novation or change-of-name agreement, the SAM in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations( 1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.c. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(I) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the

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System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.l ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by con ditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

Percent increase

Percent decrease

This increase or decrease shall apply to * (End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(I) The total contract quantity;

(2) Item I only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

52.204-99 System for Award Management Registration (September 2012) (DEVIA TION)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information re quired for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(l) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data re quired by the Federal Funding Accountability and Transparency Act of2006 (see Subpart 4.14) into the SAM database;

RFQP03151700016 Page 10 of 30

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any con tract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local DUN and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contact when contacting the local DUM and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when regis tering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability result ing from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial regis tration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) Ifa Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- {A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the time line and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separ ately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through ht tps:/lwww.acguisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.232-99 PROVIDING ACCELERA TED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS(DEVIA TION) (AUG

RFQP03151700016 Page 11 of 30

2012)

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small busi ness subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 2014-01)(November 2013)

[EMPTY CLAUSE TEXT]

[END OF ADDENDUM TO FAR 52.212-4]

52.212-5 Contract Terms and Conditions Reguired to Implement Statutes or Executive Orders--Commercial Items (May 2U15)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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».

[Contracting Officer check as appropriate.]

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

_ (I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.c. 4704 and 10 U.S.C. 2402).

_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.c. 3509».

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C.

6101 note).

_ (5) [Reserved].

_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 ofDiv. C).

_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 ofDiv. C).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013)(31 U.S.c. 6101 note).

_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JuI2013) (41 U.S.C. 2313).

RFQP03151700016 Page 12 of 30

_ (10) [Reserved].

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

_ (ii) Alternate I (Nov 2011) of 52.219-3.

_(l2)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Jan 2011) of52.219-4.

_ (13) [Reserved]

_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.c. 644).

_ (ii) Alternate I (Nov 2011).

_ (iii) Alternate II (Nov 2011).

_ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.s.c. 644).

_ (ii) Alternate I (Oct 1995) of52.219-7.

_ (iii) Alternate II (Mar 2004) of52.219-7.

_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3».

_ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)( 4».

_ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate II (Oct 2001) of52.219-9.

_ (iv) Alternate III (Oct 2014) of52.219-9.

_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.c. 644(r».

_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.c. 637(a)(14».

_ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i».

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (JuI2013) (15 U.S.c. 632(a)(2».

_ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m».

_ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JuI2013) (15 U.S.c. 637(m».

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

XXX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

XXX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XXX (29) 52.222-35, Equal Opportunity for Veterans (JuI2014)(38 U.S.C. 4212).

XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JuI2014) (29 U.S.c. 793).

XXX (31) 52.222-37, Employment Reports on Veterans (Ju12014) (38 U.S.c. 4212).

RFQP03151700016 Page 13 of 30

_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XXX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

_ (35)(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.)

_ (36)(i) 52.223-13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of 52.223-13.

_ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.c. 8259b).

_ (39)(i) 52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

xxx (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

XXX (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

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

_ (ii) Alternate I (May 2014) of52.225-3.

_ (iii) Alternate II (May 2014) of 52.225-3.

_ (iv) Alternate III (May 2014) of52.225-3.

_ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.c. 2501, et seq., 19 U.S.C. 3301 note).

XXX (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.c. 2302 Note).

_ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f).

_ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f).

XXX (50) 52.232-33, Payment by Electronic Funds Transfer=System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JuI2013) (31 U.S.C. 3332).

_ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.c. 3332).

RFQP03151700016 Page 14 of 30

_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.c. 2631).

_ (ii) Alternate I (Apr 2003) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Con tracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.c. chapter 67).

_ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chapter 67).

_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

XXX (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

_ (10) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 5112(p)(I».

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re lating 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)(l) 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 indic ated 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-

RFQP03151700016 Page 15 of 30 tunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph

(I) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JuI2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (JuI2014) (38 U.S.C. 4212)

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

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.c. chapter 67).

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

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

(xii) 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).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (lui 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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…