Solicitation - FA3016-20-Q-0074.pdf

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Attached to
TOMManikin Federal contract opportunity
Solicitation number
FA3016-20-Q-0074
Issued by
Department of the Air Force Air Education and Training Command

About this file

This is a solicitation for TOMManikin simulators and related supplies and services. The Air Force requires four each of TOMManikin - GSW and TOMManikin - BLAST models, as well as simulator blood, batteries, and new equipment training. Quotes are due by June 15, 2020. Award will be made to the lowest priced technically acceptable offer based on firm fixed pricing. Delivery must be completed by August 31, 2020 to Joint Base San Antonio Lackland, Texas. The solicitation instructs offerors on response requirements and evaluation criteria. The Air Force will evaluate the three lowest priced quotes for technical acceptability prior to award.

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Request for Quote TOMManikin

BRAND NAME

(The quote shall be effective 30 days after submission)

Request for Quote: FA301620Q0074

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

This announcement constitutes the only solicitation; quotes are being requested and a separate Request for Proposal (RFP) will not be issued. The solicitation number is FA301620Q0074 and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2020-06 and DFARS change notice 20200324. This purchase is Full and Open. The NAICS code is 339113. This is a requirement for TOMManikins as stated below.

Forklift Simulators

NAICS 339113

(Quotes shall be effective for 30 days)

Please respond to this RFQ by emailing your response to: Edward Lerma at edward.lerma@us.af.mil no later than 9:00AM CST, 15 June 2020 - Friday (or sooner if possible) in order to be considered timely. Any and all questions will be due by 12:00PM CST 4 June 2020 - Thursday. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified in this solicitation shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. The contractor must submit a spec sheet and picture with their quote.

**Only the three lowest quotes deemed technically acceptable will be considered for evaluation for award**

(Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of interchanges.)

Please provide the information below:

Payment Terms ___________________________ Delivery Date _______________________________

Company Name: _________________________________________________________________________

DUNS # Required Cage Code _______________________________ Number: ____________________

POC: _________________________________ Telephone # ____________________

E-Mail Address: ________________________ Tax ID#: ____________________

_________________________ Warranty Information: ____________________

Do you have the ability to invoice electronically (invoicing through WAWF)? ___________________

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Special Notes and Instructions:

1. This is a notice that this order is Full and Open. Only quotes submitted by business holding NAICS Code 339113 will be accepted by the Government.

2. Basis for Award. 502 CONS/JBKAE will issue a purchase order to the vendor who is determined to offer the best value to the Government. Failure to acknowledge Amendments may result in your quote not being considered for award. Contract type shall be Firm Fixed Price (FFP).

3. Best Value Determination. The Offeror who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable (LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. Quotes initially will be ranked from lowest to highest based on total cost. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the Government. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total cost. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Interchanges. The government intends to award a purchase order without interchanges with respective vendors/quoters. The government however, reserves the right to conduct interchanges if deemed in its best interest. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time.

Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors.

Interchanges may also be oral conversations between the Government and the Offerors.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

6. Notice to Offeror. The government reserves the right to cancel this Request for quotes (RFQ), either before or after suspense date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payment for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

7. Delivery/Assembly. All delivery, assembly and installation will be performed IAW the Statement of Work. See Attachment 1 - Statement of Work dated 14 May 2020.

8. Brand Name. This is a brand name only requirement; no equal product will be accepted for evaluation.

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

FA301620Q0074

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Item Description: Tommanikin - GSW;

Item #: 93-0040. See SOW, dated 14 May 2020, for specific description details of the Tommanikin - GSW.

Manufacturer's Part Number: N/A1 Product Service Code: 6910 Firm Fixed Price

CIN: 00000000000005345663

4.0 Each

Item Description: Tommanikin - BLAST;

Item #: 93-0036. See SOW, dated 14 May 2020, for specific description details of the Tommanikin - Blast.

Manufacturer's Part Number: N/A1 Product Service Code: 6910 Firm Fixed Price

CIN: 00000000000005345664

4.0 Each

Item Description: Simulator Blood (1 Gallon); Item #: 93-0106. Please see SOW, dated 14 May 2020, for specific detail description of the simulator blood.

Manufacturer's Part Number: N/A1 Product Service Code: 6910 Firm Fixed Price

CIN: 00000000000005345665

8.0 Each

Item Description: 10 Amp Battery W/O Charger; Item #: 93-014. Please see SOW, dated 14 May 2020, for a specific detail description of 10 Amp Battery.

Manufacturer's Part Number: N/A1 Product Service Code: 6910 Firm Fixed Price

CIN: 00000000000005345666

8.0 Each

Item Description: New Equipment Training; Item #: 93-0076, and include shipping.

Manufacturer's Part Number: N/A1 Product Service Code: 6910 Firm Fixed Price

CIN: 00000000000005345667

1.0 Each

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Description/Specifications/Statement of Work

Requirements TOMManikins IAW Statement of Work dated 14 May 2020

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Packaging and Marking

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: Please deliver to building 147, 950 Voyager Drive, JBSA-Lackland AFB, TX 78236. The POC for the delivery driver will be SSgt Balderrama, Osvaldo. He can be reached at 210-419-3658. The Resource Advisor is Ruben Catano; phone:

210-671-6176; email: ruben.catano@us.af.mil

DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

0002 Inspection and Acceptance Location Both Destination Instructions: Please deliver to building 147, 950 Voyager Drive, JBSA-Lackland AFB, TX 78236. The POC for the delivery driver will be SSgt Balderrama, Osvaldo. He can be reached at 210-419-3658. The Resource Advisor is Ruben Catano; phone:

210-671-6176; email: ruben.catano@us.af.mil

DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

0003 Inspection and Acceptance Location Both Destination Instructions: Please deliver to building 147, 950 Voyager Drive, JBSA-Lackland AFB, TX 78236. The POC for the delivery driver will be SSgt Balderrama, Osvaldo. He can be reached at 210-419-3658. The Resource Advisor is Ruben Catano; phone:

210-671-6176; email: ruben.catano@us.af.mil

DoDAAC: F2MTR2

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

0004 Inspection and Acceptance Location Both Destination Instructions: Please deliver to building 147, 950 Voyager Drive, JBSA-Lackland AFB, TX 78236. The POC for the delivery driver will be SSgt Balderrama, Osvaldo. He can be reached at 210-419-3658. The Resource Advisor is Ruben Catano; phone:

210-671-6176; email: ruben.catano@us.af.mil

DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

0005 Inspection and Acceptance Location Both Destination Instructions: Please deliver to building 147, 950 Voyager Drive, JBSA-Lackland AFB, TX 78236. The POC for the delivery driver will be SSgt Balderrama, Osvaldo. He can be reached at 210-419-3658. The Resource Advisor is Ruben Catano; phone:

210-671-6176; email: ruben.catano@us.af.mil

DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Deliveries or Performance

Delivery Schedule Ship To Address

Delivery On Or Before

31 AUG 2020

4.0 Each

Ship To DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP

2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

FoB Details

Delivery Schedule Ship To Address

Delivery On Or Before

31 AUG 2020

4.0 Each

Ship To DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

Delivery Schedule Ship To Address

Delivery On Or Before

31 AUG 2020

8.0 Each

Ship To DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

Delivery Schedule Ship To Address

Delivery On Or Before

31 AUG 2020

8.0 Each

Ship To DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

Delivery Schedule Ship To Address

Delivery On Or Before

31 AUG 2020

1.0 Each

Ship To DoDAAC: F2MTR2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F2MTR2 350 BA TS

AF NO MILSBILLS PROC CP 2106710947

950 VOYAGER DR

JBSA LACKLAND, TX 78236 5637

United States

OfficeCode:

SSgt Balderrama, Osvaldo Telephone: 210-419-3658 Email: osvaldo.balderrama@us.af.mil

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Contract Administration Data

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Special Contract Requirements

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

Contract Clauses

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS (MAR 2020) The following paragraphs have been deleted:

52.212-1(h), Multiple Awards 52.212-1(i), Availability of Requirements Documents Cited in the Quote

(a) Paragraph 52.212-1(c), Period for Acceptance of Quotes, is tailored as follows: "The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes."

(b) The following is inserted as new paragraph (m) of the provision:

(m) Quote Preparation Instructions.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein.

Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. Specific Instructions:

1. PRICING DATA - Submit 1 electronic copy

(a) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each line item.

2. SUBMISSION OF QUOTE

(a) Quotes shall be submitted to the Contract Specialist directly by emailing all required documentation to Edward Lerma, edward.lerma@us.af.mil. Secondary Point of Contact for submission: Robert De La Rosa, robert.de_la_rosa@us.af.mil.

3. SUBMISSION OF OFFER

(a) The contractor shall submit drawings, designs and specifications of the TOMManikin in accordance with (IAW) ADDENDUM TO 52.212-2 Evaluation - Commercial Items as stated below.

(End of clause)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 Evaluation - Commercial Items (Oct 2014) The following have been deleted:

(b) Options has been deleted in its entirety (b)(iii) Past Performance has been deleted in its entirety

The following have been added or changed

FAR 52.212-2 EVALUATION - COMMERICIAL ITEMS ADDENDUM

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

(a) Basis for Award. The Government intends to award one Firm Fixed Price contract for this acquisition.

Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR

9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award. This contract will be awarded as Firm Fixed Price (FFP). It is the Government's intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1.0 Evaluation Process. The evaluation factor and process to be used is listed below.

1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award: Technical Acceptability Price

1.1.1 Technical Evaluation. Only the three lowest quotes will be evaluated for Technical Acceptability.

(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will

502 CONS/JBKAE

JBSA Lackland, TX

FA3016-20-Q-0074

receive one of the following ratings

(i) Acceptable - The quote clearly meets the brand name characteristics as listed in the attached Attachment 1 - Statement of Work: Tommanikin.

(ii) Unacceptable - The quote does not clearly meet the minimum requirements of this quote and its attachments.

1.1.2 Price Evaluation. Evaluations will be completed by multiplying the Offeror's unit price by the estimated quantity. An offeror's proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2 Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

(B) Factor # 1 - Submit product descriptions for each item being quoted. The offeror shall submit product specifications that match the SOW, Statement of Work. The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in the SOW.

(End of clause)

DFARS Clause Incorporated by Full Text

252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010) (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2015-10

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. 2014-05 52.223-6 Drug-Free Workplace. 2001-05

502 CONS/JBKAE

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FA3016-20-Q-0074

52.223-21 Foams. 2016-06 52.232-23 Assignment of Claims. 2014-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-3 Continuity of Services. 1991-01 52.243-1 Changes-Fixed-Price. 1987-08 52.243-4 Changes. 2007-06 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.232-7010 Levies on Contract Payments. 2006-12 252.243-7001 Pricing of Contract Modifications. 1991-12

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of 502 CONS/JBKAE and shall not be binding until so approved.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2019-08

As prescribed in 4.2105(b), insert the following clause:

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

As used in this clause-(a) Definitions.

means The People's Republic of China.Covered foreign country means-Covered telecommunications equipment or services

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

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other(2) 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);

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FA3016-20-Q-0074

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

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in(4) 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.

means-Critical technology

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

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

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

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

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

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

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(5) 42 of such Code; or

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

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

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)(b) Prohibition.

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 Federal Acquisition Regulation 4.2104.

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

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

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

Reporting requirement.(d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or(1) 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.

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

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable;(i) 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.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about(ii) 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.

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FA3016-20-Q-0074

The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual(e) Subcontracts.

instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in 9.104-7 (d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2)It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889 (a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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____ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.

2402).

x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

____ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

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

____ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Oct 2015) (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 (Nov 2011) (15 U.S.C.657a).

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

____ (12)

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

____ (ii) Alternate I (Jan 2011) of 52.219-4.

____ (13)[Reserved]

____ (14)

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

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____ (ii) Alternate I (Nov 2011).

____ (iii) Alternate II (Nov 2011).

____ (15)

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

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9

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

____ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

____ (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 (Oct 2019) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

X (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

x (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

____ (ii) Alternate I (July 2014) of 52.222-36.

x (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

X (33) (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).

____ (34) 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.)

____ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (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.

____ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41) (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.

____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)

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

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

x (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47)

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

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____ (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.

____ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

x (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

x (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

____ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

____ (60)

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

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

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

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

____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

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

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

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

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

(xiv)

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

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

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

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

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

(xx)

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

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

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

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

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(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.252-2 Clauses Incorporated by Reference. 1998-02

As prescribed in 52.107(b), insert the following clause:

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):

https://www.acquisition.gov/

(End of clause)

52.252-6 Authorized Deviations in Clauses. 1984-04

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any 48 CFR Chapter 1 - Federal Acquisition Regulation (48 CFR Chapter 2 - Defense…

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