Solicitation 47PL0223Q0011.pdf

ISSUANCE OF THIS SOLICITATION DOES NOT WARRANT THAT FUNDS ARE PRESENTLY AVAILABLE FOR AWARD OF A CONTRACT. AWARD OF A CONTRACT SHALL BE SUBJECT TO THE AVAILABILITY OF APPROPRIATED FUNDS, AND THE GOVERNMENT SHALL INCUR NO OBLIGATION UNDER THIS SOLICITATION IN ADVANCE OF SUCH TIME

AS FUNDS ARE MADE AVAILABLE TO THE CONTRACTING OFFICER FOR THE PURPOSE OF CONTRACT AWARD.

DESCRIPTION

SOLICITATION NO: 47PL0223Q0011

PROJECT: Point Roberts Janitorial & Related Services

LOCATION:

Tyee Dr & Roosevelt Rd Point Roberts, WA 98281

(WA0119PR)

PERIOD OF PERFORMANCE:

Base Year -August 1, 2023 – July 31, 2024 Option Year- August 1, 2024 - July 31, 2025 Option Year- August 1, 2025- July 31, 2026 Option Year- August 1, 2026- July 31, 2027 Option Year- August 1, 2027 - July 31, 2028

SOLICITATION ISSUE DATE: January 30, 2023 QUOTE PACKAGE DUE DATE/TIME: March 1, 2023 @ 2:00 PM PACIFIC

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO THE FOLLOWING GSA

PERSONNEL BY February 13, 2023:

Contact

Charles Enoch, Contract Officer, (253) 347-7259; charles.enoch@gsa.gov

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDING SERVICES NORTHWEST ARCTIC REGION

FACILITIES MANAGEMENT SERVICES PROGRAM SERVICE CONTRACTS BRANCH (10PMM)

1301 A STREET

TACOMA, WASHINGTON 98402

mailto:charles.enoch@gsa.gov

Point Roberts Janitorial & Related Services

SOLICITATION NO. 47PL0223Q0011

GENERAL SERVICES ADMINISTRATION’S MISSION

To provide quality services required by our clients in a timely manner and to ensure the best value to the Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

“SHALL” “WILL” and “MUST” Throughout this solicitation, the terms “shall” “will” and “must” are used. “Shall” “will” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” “will” and “must” have the same meaning.

SOLICITATION ISSUED ELECTRONICALLY

This solicitation is being issued electronically as of the solicitation issue date on the title page.

The quoter shall not alter the solicitation or any component thereof (i.e. drawings, etc.). The Government’s version of the solicitation and accompanying components take precedence if a discrepancy arises between the version issued by the Government and the signed documents submitted by the quoter.

INFORMATION COLLECTION REQUIREMENTS

The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

SYSTEM FOR AWARD MANAGEMENT (SAM) REPLACES CCR and ORCA

In accordance with FAR Parts 1, 2, 4, 13, 32, and 52 contractors must have an active profile in the SAM database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. No award will be made to any contractor without an active profile in SAM.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by prospective bidders/quoters (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/quoters to exercise reasonable care when handling documents relating to building drawings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information.

ATTENTION QUOTERS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract. Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information.

3) Upon award and completion of any appeals process, unsuccessful bidders/quoters making every reasonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

PERFORMANCE BASED SPECIFICATIONS

Note that the service specifications included in this solicitation are performance-based specifications. These specifications express the Government’s requirements in the form of minimum quality standards. Work schedule, frequencies, resources utilized, and methods of performance are to be determined by quoters.

OVERVIEW

The objective of this acquisition is to award one Indefinite Delivery/Indefinite Quantity (IDIQ) single award, in accordance with Federal Acquisition Regulation (FAR) 16.504, for the services described herein.

This requirement is a women owned small business set-aside, with a NAICS code of 561730, with a size standard of $8 M.

CURRENT CONTRACTOR

The current contractor is Green Connection, Inc. located in Anchorage, Alaska. Because the specifications are performance based it is the responsibility of the quoter to review the entire solicitation and base their quote on the solicitation.

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

Quoters are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your bid.

CONTRACTOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS)

NUMBER.

Enter your DUNS number on the solicitation offer form. If you do not know or do not have a DUNS number please contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to you. For information on obtaining a DUNS number, you should call Dun and Bradstreet at 1-866-705-5711. Be prepared to provide the following information: (1) Company name, (2) Company address, (3) Company telephone number, (4) Line of business, (5) Chief executive officer/key manager, (6) Date the company was started, (7) Number of people employed by the company, (8) Company affiliation.

FAIR LABOR STANDARDS/SERVICE CONTRACT ACT PRICE ADJUSTMENT PROVISIONS

This is a multiyear service contract that may exceed a year in length if options are exercised, quoters should note the price adjustment provisions in Section K of this solicitation and Exhibit 2, Applicable Wage Determination.

PROMPT PAYMENT DISCOUNT

The SF 1449 of the solicitation and possibly the solicitation pricing page(s) are to be used to offer prompt payment discounts. Payment terms are set forth in the Prompt Payment clause in this solicitation. Quoters are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30-day payment terms specified in the Prompt Payment clause.

OPTION TO EXTEND SERVICES

Quoters should note that Section I of this solicitation includes FAR 52.217-8, Option to Extend Services, which allows the Government the unilateral option to extend the term of any resultant contract up to six months, exclusive of any other option provisions which may be included as part of any resultant contract.

NOTICE TO PROCEED (NTP)

Notice to Proceed (NTP) will NOT be issued until the COR has officially notified the CO that ap- proved clearances for proposed employees have been received and approved.

PREPARATION COSTS

This RFQ does not commit the Government to pay for the preparation and/or submission of a quotation.

SITE VISIT

A Site Visit will be held on 2/09/2023 at 12:00AM PST at Point Roberts LPOE, Tyee Dr & Roosevelt Rd Point Roberts, WA 98281. Pre-registration is required for all attendees. Interested parties must complete attachment 5 and send to the Contracting Officer via email, charles.enoch@gsa.gov by 2/07/2023, 2:00PM PST in order to attend. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access to the site visit. Prospective offerors are encouraged to make an on-site, in-depth review of the facility, requirements, etc.

Description of Services

The Contractor shall provide all management, supervision, labor, materials, supplies, repair parts, tools, equipment, and subcontracts necessary to provide Janitorial and related services described in this solicitation at:

Tyee Dr & Roosevelt Rd Point Roberts, WA 98281 (WA0119PR)

Offerors must price option year requirements for each additional twelve-month period by assuming that the minimum hourly wages and fringe benefits established by the Administrator, Wage and Hour Division, U.S.

Department of Labor for the initial twelve-month period of performance will apply to all additional twelve-month periods. The minimum wage rates and fringe benefits applicable to the initial twelve-month period of performance are outlined on the Wage Determination (See Attachment 2).

In the event the option(s) are exercised by the Government, the contract price(s) will be adjusted upward or downward at the time the option is exercised in accordance with the clause entitled FAR 52.222-43 Fair Labor Standard Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts).

B. SERVICES, ORDERING AND PRICING

OFFER FOR ABOVE STANDARD AND ADDITIONAL SERVICES

Schedule of Pricing: Additional Service Line Items

The contractor must provide all management, supervision, labor, materials, supplies and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of Additional Service Line Items. The Unit Price shall be the fully burdened rate which includes profit and G&A. The Contractor must provide Additional Service Line Items in accordance with the requirements of this solicitation at:

Tyee Dr & Roosevelt Rd Point Roberts, WA 98281 (WA0119PR)

A. Quote a per hour price for providing services that are in addition to the services specified herein as standard services.

B. If additional services are ordered, the Contractor shall invoice for these items separately. These items are not funded with the base services awarded under this contract.

C. The additional and above standard services provision is to be used to satisfy the Government’s short-term non-recurring needs for service. Should a continuing need for additional and above standard services arise, a contract modification will be negotiated with both parties in agreement.

D. Follow-on hourly rates may be adjusted on the anniversary date using current wage determination.

E. See Attachment 1 for Electronic Offers Sheet

FOR ORDERS $2,500.00 OR LESS -

Requests for above standard service may be placed orally by the COR when the amount of the order totals $2,500.00 or less.

The preferred method of payment for the Government for orders totaling $2,500.00 or less is the GSA SmartPay® Charge Card Program. Every effort should be made to encourage the Contractor to set up a credit card payment system. If processing payment via the GSA SmartPay® Charge Card Program, Contractors are reminded that they must not process the charge until completion of work.

If the Contractor is unable to receive credit card payments, funds will be disbursed via certified invoice for orders under $2,500.00. If the invoices are over $2,500.00, a GSA 300 form will be issued.

FOR ORDERS EXCEEDING $2,500.00 –

Pursuant to FAR 52.216-18 Ordering found in Part B of the contract, all orders which exceed $2,500.00 must be placed by the Contracting Officer or a designated ordering official by issuance of a GSA Form 300 Order for Supplies or Services. This separate task/delivery order

ADDITIONAL SERVICES LINE ITEMS

will identify the specific accounting and appropriation data for the project services.

The GSA Form 300 will describe the services to be provided and will establish the maximum number of hours for which the Contractor will be compensated.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (OCT 2018)

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

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

www.acquisition.gov/far/ www.acquisition.gov/gsam/

The Contractor agrees to comply with the clause that is incorporated herein by reference to implement agency policy applicable to the acquisition of commercial items and services. The date of the clause in the regulation that is applicable at the time the solicitation is issued applies unless otherwise stated. The following provisions and clauses are incorporated by reference:

FAR

Number Title Date

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.215-2 Audit and Records—Negotiation OCT 2010

C. CONTRACT CLAUSES

http://www.acquisition.gov/far/ http://www.acquisition.gov/gsam/

52.215-8 Order of Precedence—Uniform Contract Format OCT 1997 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-1 Notice to the Government of Labor Disputes FEB 1997 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-13 Acquisition of EPEAT®–Registered Imaging Equipment JUN 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance—Work on a Government Installation JAN 1997 (In accordance with the paragraph entitled INSURANCE

REQUIREMENT of the solicitation, liability insurance coverage, written on the comprehensive form of policy, is required in the amount of $500,000 per occurrence for bodily injury and $50,000 per occurrence for property damage. See FAR 52.228-5 and

GSAR 552.228-76).

52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts for Prompt Payment FEB 2002 52.232-9 Limitation on Withholding of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-5 Payments to Small Business Subcontractors Jan 2017 52.242-13 Bankruptcy JULY 1995 52.242-15 Stop-Work Order AUG 1989 52.244-5 Competition in Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-4 Inspection of Services- Fixed Price AUG 1996 52.246-25 Limitation of Liability—Services FEB 1997

General Services Administration Acquisition Regulation (GSAR) 552.203-71 Restriction on Advertising SEP 1999 552.204-9 Personal Identity Verification Requirements JUL 2021 552.215-70 Examination of Records by GSA JUN 2016 552.228-5 Government as Additional Insured JAN 2016 552.232-72 Final Payment Under Building Services Contracts MAR 2012

52.222- Clauses Incorporated in Full Text

FAR 52.209-7 Information Regarding Responsibility Matters

INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite- delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

http://www.sam.gov/

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $30,000.00;

(2) Any order for a combination of items in excess of $100,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(e) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-20 DEFINITE QUANTITY (OCT 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after July 31, 2027.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

https://www.acquisition.gov/far/52.216-21#FAR_52_216_21

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that or- der to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after January 31, 2029.

(End of clause)

FAR 52.217-8 Option to Extend Services

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

FAR 52.217-9 Option to Extend the Term of the Contract

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 months.

INSURANCE REQUIREMENTS

Liability insurance coverage, written on the comprehensive form of policy, is required in the amount of $500,000 per occurrence for bodily injury and $50,000 per occurrence for property damage. (See FAR 52.228-5 Insurance Work on a Government Installation and GSAR 552.228- 76 Insurance). Evidence of insurance will be required following contract award.

GSAR 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION

OF COMMERCIAL ITEMS. (MAY 2019)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein.

The clauses in paragraph (b) of this section are incorporated by reference:

(b) Clauses (X indicates incorporation):

552.203-71 Restriction on Advertising 552.211-73 Marking 552.219-70 Allocation of Orders—Partially Set-Aside Items X 552.228-70 Workers’ Compensation Laws

X 552.229-70 Federal, State, and Local Taxes X 552.232-8 Discounts for Prompt Payment 552.232-23 Assignment of Claims X 552.232-72 Final Payment X 552.237-71 Qualifications of Employees

In accordance with GSAR 552.203-71, Restriction on Advertising, the contractor is precluded from referring to GSA contracts in commercial advertising in a manner that states or implies the Government approves or endorses the product or service or considers it superior to other products or services. The contractor may not disseminate or advertise any information written approval of the Contracting Officer.

The contractor may not photograph the project site other than as required by the contract or as directed by the Contracting Officer. Access to Federally controlled space is governed by stringent security requirements. The contractor is prohibited from bringing individuals to the project/contract site for the purpose of marketing, self promotion, media tours, and any other event or activity without the express written consent of the Contracting Officer. All media inquiries should be directed to the Contracting Officer. Any request for access to the project/contract site, other than to perform work related to the contract, shall be made in writing to the Contracting Officer.

GSAR 552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL

ITEMS (SEPT 2003)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components.

The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Clauses.

552.223-70 Hazardous Substances 552.223-71 Nonconforming Hazardous Material 552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped 552.238-72 Identification of Products that have Environmental Attributes

GSAR 552.217-71, NOTICE REGARDING OPTION(S) (NOV 1992)

The General Services Administration (GSA) has included an option to purchase additional quantities of supplies or services and to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful offeror that performs at a level which meets or exceeds GSA's quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor's past performance under this contract in accordance with 48 CFR 517.207.

GSAR 552.252-6 Authorized Deviations in Clauses

AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATION FAR 52.252-6) (SEP 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48

CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION

(FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services

Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substantially the same as” basis are not considered deviations.

FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

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

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

_X_(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

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

_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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

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

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

(13) [Reserved]

_-X- (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

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

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

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

__(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

(v)Alternate IV (Jun 2020) of 52.219-9

_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_X_(20) 52.219-16, Liquidated Damages-Subcontracting 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 (Mar

2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C.

632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057823 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C.

637(m)).

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

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

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

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

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

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

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

_X_(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_-X-_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

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

(ii) Alternate I (Jun2014) of 52.223-14.

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

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

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

(iv) Alternate III (May 2014) of 52.225-3.

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

(51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 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