Sol_140P2123R0033.pdf

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; proposals are being requested and a written solicitation will not be issued. Solicitation Number 140P2123R0033 is issued as a Request for Quotation (RFQ) constitutes the entire solicitation. Proposals and price quotations with detailed breakdown are being requested. This acquisition will be conducted pursuant to FAR Part 13. This solicitation document incorporates all mandatory commercial item provisions and clauses in effect through Federal

Acquisition Circular 2023-04, effective June 2, 2023. This is a set aside for small business concerns under the North American Industry Classification System (NAICS) 333415, Air Conditioning and

Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing with a related small business size standard of 1,250 Employees.

REQUIREMENT: The contractor shall provide all labor, supplies, materials, equipment, parts, and travel necessary to perform preventative maintenance and service three (3) Liebert HVAC Systems and three (3) Mitsubishi HVAC Systems which support three (3) buildings on the Harpers Ferry, WV

Campus and one (1) building housing a server room in our leased Museum Conservation Center in

Charles Town, WV.

Due to space limitations, the complete commercial item specifications are contained in Solicitation

Number 140P2123R0033. Interested contractors should download this document. The National Park

Service is not responsible for locating or securing any information that is not identified in the quotation. The government contemplates award of one best value, firm-fixed price contract resulting from this solicitation.

The following Federal Acquisition Regulation (FAR) clauses and provisions are applicable to this announcement and are available at www.acquisition.gov.

52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation-Commercial Items; 52.212-3

Offeror Representations and Certifications-Commercial Products and Commercial Services; 52.212-4

Contract Terms and Conditions Commercial Items; 52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive Orders-Commercial Products and Commercial Services; 52.232-33

Payment by Electronic Funds Transfer-Central Contractor Registration; 52.233-1 Disputes in

Solicitations and Contracts; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1

Government Property.

Instructions to Offerors are provided for preparation of proposals beginning on Page 23.

Evaluation-Commercial Products and Commercial Services will be in accordance with FAR provision 52.212-2 as detailed beginning on Page 26.

• Questions are due via email by 10:00 AM ED on August 31, 2023. Questions submitted using any other method will not be entertained. All questions concerning this request for proposal should be referred to Dee Dee Bender, Contracting Officer via email at dee_dee_bender@nps.gov.

Offerors who contact anyone outside of the Office of Acquisition Management regarding this requirement may automatically be excluded from competition.

• Proposals are due via email by 10:00 AM ED on September 8, 2023 to dee_dee_bender@nps.gov with the subject line clearly identifying “Solicitation Number

140P2123R0033 – HVAC Maintenance and Repair”. Offers by telephone, transmitted via facsimile

(fax), or submitted using any other method will not be accepted.

All offerors must be registered in the System for Award Management (SAM) through the website

SAM.gov to be considered eligible for award and shall be considered a small business for the size standard associated with the NAICS code.

mailto:dee_dee_bender@nps.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PHF

Harpers Ferry WV 25425 IDC Building 67 Mather Place DOI, NPS, HFC - Acquisition Managem

0009060803 CODE 16. ADMINISTERED BYCODE

X

X

X

333415

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/08/2023 1000 ED

08/21/2023

3045356227Shelia Bender (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2123R0033

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 53 0040619659OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Harpers Ferry WV 25425 IDC Building, 67 Mather Place NPS, Harpers Ferry Center

15. DELIVER TO

Denver CO 80225 P.O.Box 25287 MS WCP

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, WASO - WCP Contracting

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Harpers Ferry Center (HAFC) HVAC Maintenance and Repair

The contractor shall provide the National Park Service with all labor, supplies, materials, equipment, parts, and travel necessary to perform preventative maintenance and service three (3) Liebert HVAC Systems and three (3) Mitsubishi HVAC Systems which support three (3) buildings on the Harpers Ferry, WV Campus and one (1) building housing a server room in our leased Museum

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Shelia Bender

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Conservation Center in Charles Town, WV. All work and inspections shall be completed according to the attached scope of work and its attachments and must be performed by technicians trained and skilled in both Liebert and Mitsubishi HVAC equipment.

00010 Base Year

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Delivery: 09/30/2024

Period of Performance: 10/01/2023 to 09/30/2024

00020 Option Yr 1

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Delivery: 09/30/2025

Period of Performance: 10/01/2024 to 09/30/2025

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

53 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 53

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P2123R0033

00030 Option Yr 2

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Delivery: 09/30/2026

Period of Performance: 10/01/2025 to 09/30/2026

00040 Option Yr 3

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Delivery: 09/30/2027

Period of Performance: 10/01/2026 to 09/30/2027

00050 Option Yr 4

Product/Service Code: J041

Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- REFRIGERATION, AIR CONDITIONING,

AND AIR CIRCULATING EQUIPMENT

Delivery: 09/30/2028

Period of Performance: 10/01/2027 to 09/30/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number 140P2123R0033

PART A – CONTINUATION OF SF 1449

Supplemental Information:

1. This procurement is set aside as small business under NAICS code 333415 “Air Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment

Manufacturing” with a size standard of 1,250 Employees.

2. The Government plans to award one (1) firm-fixed-price contract as a result of this solicitation.

3. Submitted offers shall be valid for 120 calendar days from the date specified for receipt of offers.

4. The price schedule (Blocks 19-24) applicable to this contract is outlined under Item 5 below, Pricing Schedule. The monthly cost for the preventative maintenance work shall include all travel, materials, supplies and labor to complete the work as outlined under the scope of work.

preventative maintenance.

5. PRICING SCHEDULE

The contractor shall provide the National Park Service with all labor, supplies, materials, equipment, parts, and travel necessary to perform preventative maintenance and service three

(3) Liebert HVAC Systems and three (3) Mitsubishi HVAC Systems which support three (3) buildings on the Harpers Ferry, WV Campus and one (1) building housing a server room in our leased Museum Conservation Center in Charles Town, WV.

A. PREVENTATIVE MAINTENANCE – THREE LIEBERT SYSTEMS AND THREE MITSUBISHI

SYSTEMS

CLIN DESCRIPTION

0010 Preventative Maintenance – Year 1 Total Cost Year 1 $

A. Ten Monthly Preventative Maintenance Visits 10 X $

B. Two Bi-Annual Preventative Maintenance Visits 2 X $

0020 Preventative Maintenance – Year 2 Total Cost Option Year 2 $

0030 Preventative Maintenance – Year 3 Total Cost Option Year 3 $

0040 Preventative Maintenance – Year 4 Total Cost Option Year 4 $

0050 Preventative Maintenance – Year 5 Total Cost Option Year 5 $

B. ROUTINE REPAIRS

During the period of this agreement, including all optional years, the contractor shall be available as needed for routine or minor repairs during normal business hours of 8:00 AM EST to 5:00 PM EST. The contractor shall respond to telephone or email inquiries within 24 hours and be on-site within one week to perform any routine or minor repairs. The government will determine if the repair is routine or minor in nature.

In the event routine repairs are required, the contractor will be notified by the CO or COR. The contractor will be required to provide a cost estimate for the work to be completed prior to completion of work. Once the work has been completed, payment will be processed via purchase card or a modification to the contract will be issued.

Year 1 Year 2 Year 3 Year 4 Year 5

Hourly Rate $ $ $ $ $

Trip Rate $ $ $ $ $

C. EMERGENCY REPAIRS

During the period of this agreement, including all and optional years, the contractor shall be available On Call for emergency repairs 24 hours a day, 7 days a week. The contractor shall respond to telephone or email inquiries within 1 hour and be on-site within four hours to perform emergency repairs. The government will determine if the repair is emergency in nature.

In the event emergency repairs are required, the contractor will be notified by the CO or COR.

The contractor will be required to provide a cost estimate for the work to be completed prior to completion of work. Once the work has been completed, payment will be processed via purchase card or a modification to the contract will be issued.

Year 1 Year 2 Year 3 Year 4 Year 5

Hourly Rate $ $ $ $ $

Trip Rate $ $ $ $ $

D. MATERIAL MARK-UP (if any)

Materials will be reimbursed at actual and documented expenses plus a handling rate for materials overhead, and acquisition expenses, if any.

E. MONTHLY BILLING

The contractor is authorized to submit monthly billing in accordance with the CLIN structure identified in the contract. The contractor shall submit a proper invoice as outlined in the contract before payment will be processed.

F. OPTIONS

The duration of this contract is for one year with four optional years for continued performance.

(1) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 2 services for the preventative maintenance and repairs. If this option is exercised, the Time for Completion will be extended for an additional 12-month term and the rate for CLIN 0020 will be incorporated.

(2) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 3 services for the preventative maintenance and repairs. If month term and the rate for CLIN 0030 will be incorporated.

(3) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 4 services for the preventative maintenance and repairs. If month term and the rate for CLIN 0040 will be incorporated.

(4) At the option of the government, this order may be modified by the Contracting Officer to include Optional Year 5 services for the preventative maintenance and repairs. If month term and the rate for CLIN 0050 will be incorporated.

Ordering

Period 1

Ordering

Period 2

Ordering

Period 3

Ordering

Period 4

Ordering

Period 5

Material Handling

Rate (if any)

6. SCOPE OF WORK

The Harpers Ferry Center campus is comprised of multiple buildings of which each operate separate heating, ventilation and air conditioning (HVAC) systems. There is one Liebert HVAC System consisting of two units for the IDC Server Room on one controller, one Liebert HVAC System for the Bomb Shelter, and one Liebert System at the Conservation Center.

There are also three Mitsubishi HVAC Systems, one for the Anthony Building on one controller, one for the Bird Brady Building on one controller and one for the Interpretive Design Center building on three controllers. Keeping the rooms comfortable for the employees and climate-controlled rooms for computer equipment is critical for the operations at the Harpers Ferry Center.

The contractor shall provide the National Park Service with all labor, supplies, materials, equipment, and parts necessary to maintain and service three Liebert HVAC Systems and three Mitsubishi HVAC Systems which support three buildings on the Harpers Ferry Campus and one server room in our leased Museum Conservation Center in Charles Town, WV. The contractor shall repair or replace any and all components that are defective because of normal wear or unforeseen failure including: fan motors, condensers, belts, filters, bearings, pumps, hoses, and electronic components.

All work and inspections must be performed by technicians trained and skilled in both Liebert and Mitsubishi HVAC equipment.

Specifically, work shall include the following:

A. MONTHLY PREVENTATIVE MAINTENANCE

The contractor shall perform monthly preventative maintenance on all units under each system in accordance with Attachment A, Harpers Ferry Center HVAC Equipment.

Work shall be completed on a monthly basis, around the same time each month, for example, the 5th of every month. The contractor shall ensure at least three weeks, but no more than five weeks, between visits. Monthly preventative maintenance shall be accomplished 10 months during the yearly period, with the remaining two months performing the Bi-Annual Preventative Maintenance, which shall be completed every six months. Work shall be performed in accordance with manufacturer’s recommendations.

The contractor shall perform monthly preventative maintenance in accordance with manufacturer’s recommendations, to include, but not limited to the following:

(1) Check air filters and perform light cleaning;

(2) Check data log;

(3) Tighten all wire connections;

(4) Check oil bearings;

(5) Check belts and adjust tension;

(6) Check all safety protection;

(7) Check general proper functioning of indoor units;

(8) Check general proper functioning of outdoor units;

(9) Check thermostat operation;

(10) Check unit input voltage;

(11) Check compressor input current;

(12) Check condenser fan motor input current;

(13) Check input current of the indoor unit fans;

(14) Check drain line;

(15) Check and regulate levels of refrigerant to maintain high performance. Inspect refrigerant lines, coils and flare connections for leakage;

(16) Check differential temperature;

(17) Flush condenser coil with water and clean the coil and condenser;

(18) Light cooling coil cleaning ;

(19) Clear drainage to prevent water leaks and damage. Drain lines shall be flushed and treated to clear and inhibit algae and mold growth.

(20) Clean inside and outside of each unit for dust and debris;

(21) Check the outside cabinet and clear the area around the units of debris or airflow obstructions including, but not limited to, leaves, snow and ice;

(22) Clean all pipes and ensure proper functioning including no leaks and proper air flow.

B. BI-ANNUAL PREVENTATIVE MAINTENANCE

The contractor shall perform bi-annual preventative maintenance on all units under each system, in accordance with Attachment A, Harpers Ferry Center HVAC Equipment. Work shall include all monthly preventative maintenance work and additional work as outlined below. Bi-annual preventative maintenance shall be completed with at least five months, but no more than seven months, between visits.

Work shall be performed in accordance with manufacturer’s recommendations, to include, but not limited to the following:

(1) Remove and deep clean and/or replace air filters as appropriate;

(2) The coils are deep-cleaned to remove debris and contaminants, and to help prevent mold and mildew growth. Clean coils are important for efficient heating and cooling.

(3) Repair or replace any components that are defective due to normal wear which includes wiring and contacts. Poor wiring and electronics can cause ice to form on the coil.

(4) Dents in the coil fins shall be combed out using a comb designed for this purpose.

C. ROUTINE REPAIRS

available as needed for minor repairs during normal business hours of 8:00 AM EST to 5:00 PM EST. The contractor shall respond to telephone or email inquiries within 24 hours and be on-site within one week to perform minor repairs. The government will determine if the repair is routine in nature. In the event routine repairs are required, the contractor will be notified by the CO or COR.

D. EMERGENCY REPAIRS

During the period of this agreement, including all and optional years, the contractor shall be available On Call for emergency repairs 24 hours a day, 7 days a week. The contractor shall respond to telephone or email inquiries within 1 hour and be on-site within four hours to perform emergency repairs. The government will determine if the repair is emergency in nature. In the event emergency repairs are required, the contractor will be notified by the CO or COR.

7. INSPECTION AND ACCEPTANCE

All service and work performed under this contract shall be subject to inspection and acceptance by the designated Contracting Officer's Representative (COR) at any time during performance. If the COR determined that equipment, services, work or materials being furnished do not meet the required standards, the government reserves the right to have the work performed elsewhere, charging the contractor with costs involved, subject to the provisions of FAR 52.249-8.

The contractor agrees that performance of work and services pursuant to the requirements of this contract shall conform to high professional standards.

8. TIME FOR COMPLETION AND OPTION TO EXTEND THE TERM

A. This agreement will be for one year from the contract effective date.

B. At the option of the government, this agreement may be extended for up to four separate 12-month periods, by the Contracting Officer given notice of extension to the contractor prior to the expiration date of this contract. The parties agree that upon issuance of a modification exercising each option year, the following changes will be made to the contract.

(1) The scope of work will remain unchanged.

(2) The time for completion specified in Paragraph A above will be extended by 12 months.

(3) The prices specified in Section B, Supplies or Services and Prices/Costs will remain unchanged. The contractor shall bill in accordance with the rates identified.

C. The total duration of this agreement, including the exercise of the option under this clause, will not exceed five years.

D. Work shall be performed Monday through Friday. Work performed before or after normal business working days and hours is considered overtime and shall be covered in the agreement. On call after-hours and weekend service requests may be necessary.

9. REVIEW AND APPROVAL

Review and approval under this contract will occur after work is completed in accordance with the contract. The COR will notify the contractor, in writing, of approval or rejection of the work.

The government will review and approve all work within 15 calendar days. In the event the government delays comments beyond the period specified, the contractor will be entitled to a day-to-day extension in the completion date.

10. RESPONSE AND COMPLETION TIME FOR REPAIRS

A. ROUTINE REPAIRS

available as needed for minor repairs during normal business hours of 8:00 AM EST to 5:00 PM EST. The contractor shall respond to telephone or email inquiries within 24 hours and be on-site within one week to perform minor repairs.

B. EMERGENCY REPAIRS

During the period of this agreement, including all and optional years, the contractor shall be available On Call for emergency repairs 24 hours a day, 7 days a week. The contractor shall respond to telephone or email inquiries within 1 hour and be on-site within four hours to perform emergency repairs.

11. DELIVERABLES

A. Upon completion of monthly preventative maintenance as outlined in the scope of work, the contractor shall provide a written report which indicates the work that was completed.

B. Upon completion of bi-annual maintenance, the contractor shall provide a detailed written report outlining all work completed and status of all systems.

12. DESTINATION POINT AND EQUIPMENT INFORMATION

A. Two Leibert Systems are located at:

Server Room

67 Mather Place Harpers Ferry, West Virginia 25425

B. One Leibert System is located at:

Bomb Shelter

23 Mather Place

C. One Leibert System is located at:

Museum Conservation Center (Willow Springs)

31 Maple Tree Drive Charles Town, West Virginia 25414

D. One Mitsubishi System is located at:

Anthony Building 68 Mather Place

E. One Mitsubishi System is located at:

Bird Brady Building 253 Hartzog Drive

F. One Mitsubishi System is located at:

IDC Building 67 Mather Place

PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF 1449, FAR Clause 52.212-4 Contract Terms and

Conditions – Commercial Items (DEC 2022) applies to this solicitation and is incorporated by reference.

Addenda to 52.212-4 Contract Terms and Conditions – Commercial Items (DEC 2022)

Addendum 1.0: Additional Clauses Incorporated by Reference

52.225-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.212-4 Contract Terms and Conditions – Commercial Items DEC 2022

52.212-4 Contract Terms and Conditions, Alt. 1 NOV 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement JUN 2020

52.227-3 Patent Indemnity APR 1984

52.227-14 Rights in Data – General MAY 2014

52.227-17 Rights in Data – Special Works DEC 2007

52.227-18 Rights in Data – Existing Works DEC 2007

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.237-2 Protection of Government Buildings, Equipment and Vegetation APR 1984

52.242-15 Stop-Work Order AUG 1989

52.245-1 Government Property SEP 2021

52.245-9 Use and Charges APR 2012

52.246-16 Responsibility for Supplies APR 1984

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 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five years.

(End of clause) http://www.acquisition.gov/

Addendum 2.0 Additional Clauses Incorporated by Full Text

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

(FAR 52.204-25) (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services. (End of clause)

PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(FAR 52.204-27) (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services. (End of clause)

FAR CLAUSE 52.212-5 Contract Terms and Conditions Required to Implement

Statues or Executive Orders – Commercial Items (JUN 2023)

(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 (Nov 2021) (Section 1634 of Pub.

L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 31 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4645).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (14) [Reserved]

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Sep 2021) of 52.219-9

__ (19) (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.

_X_ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

_X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 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 (Oct 2022) (15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15.U.S.C.644(r)).

https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

_X_ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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