Solicitation - FA441920Q0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA441920Q0003

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Custodial Services - Provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Altus AFB in accordance with Attachment 1 - Performance Work Statement and Attachment 2 - Bid Schedule. Individual Task Orders will be issued with specified square footage and required services.

Product Service Code: S201 Program Code: S10 Firm Fixed Price

12 Months

Option Line Item

Custodial Services - Provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Altus AFB in accordance with Attachment 1 - Performance Work Statement and Attachment 2 - Bid Schedule. Individual Task Orders will be issued with specified square footage and required services.

Product Service Code: S201 Program Code: S10 Firm Fixed Price

12 Months

Option Line Item

Custodial Services - Provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Altus AFB in accordance with Attachment 1 - Performance Work Statement and Attachment 2 - Bid Schedule. Individual Task Orders will be issued with specified square footage and required services.

Product Service Code: S201 Program Code: S10 Firm Fixed Price

12 Months

Option Line Item

Custodial Services - Provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Altus AFB in accordance with Attachment 1 - Performance Work Statement and Attachment 2 - Bid Schedule. Individual Task Orders will be issued with specified square footage and required services.

Product Service Code: S201 Program Code: S10 Firm Fixed Price

12 Months

Option Line

Custodial Services - Provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed at Altus AFB in accordance with Attachment 1 - Performance Work Statement and Attachment 2 - Bid 12 Months

Item

Schedule. Individual Task Orders will be issued with specified square footage and required services.

Product Service Code: S201 Program Code: S10 Firm Fixed Price

Description/Specifications/Statement of Work

Requirements The Contractor shall provide non-personal services to include all personnel, labor, equipment, tools, supervision, management and other items and services necessary to perform custodial services at Altus AFB.

Services shall be performed in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. The Contractor shall accomplish all facility, restroom and periodic cleaning tasks in order to meet the requirements of this PWS and the Service Summary (SS).

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP

5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP

5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP

5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP

5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP

5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP 5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Period of Performance From

01 MAR 2021

To

28 FEB 2022

Option Line Item 1001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP 5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Period of Performance From

01 MAR 2022

To

28 FEB 2023

Option Line Item 2001

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP 5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Period of Performance From

01 MAR 2023

To

29 FEB 2024

Option Line Item 3001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP 5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Period of Performance From

01 MAR 2024

To

28 FEB 2025

Option Line Item 4001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F1B3R2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

F1B3R2 97CES CEIAR

AF NO MILSBILLS PROC CP 5804816384

401 L AVE BLDG 358

ALTUS AFB, OK 73523 5136

UNITED STATES

OfficeCode:

Kathleen Hendrickson Telephone: 580-481-7756 Email: kathleen.hendrickson.1@us.af.mil

Period of Performance From

01 MAR 2025

To

28 FEB 2026

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1 Invoice

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4419

Admin DoDAAC FA4419

Inspect By DoDAAC FA4419 F1B3R2

Ship To Code FA4419 F1B3R2

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FA4419 F1B3R2

Service Acceptor (DoDAAC) FA4419 F1B3R2

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

97CONF.PKA.Contracting@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-3 Gratuities. 1984-04 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-16 Preventing Personal Conflicts of Interest. 2011-12

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

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Notice of Total Small Business Set-Aside. 2020-03 52.222-3 Convict Labor. 2003-06

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

2018-08

52.222-50 Combating Trafficking in Persons. 2019-01 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-10 Waste Reduction Program. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-1 Payments. 1984-04 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 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 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.237-3 Continuity of Services. 1991-01 52.242-13 Bankruptcy. 1995-07 52.243-1 Changes-Fixed-Price. 1987-08 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 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.211-7007 Reporting of Government-Furnished Property. 2012-08

252.219-7010 Notification of Competition Limited to Eligible 8(a) Participants-Partnership Agreement.

2019-10

252.219-7011 Notification to Delay Performance. 1998-06 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.232-7010 Levies on Contract Payments. 2006-12

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

2020-04

252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

FAR Clauses Incorporated by Full Text

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

2020-08

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

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

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);

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. 4817).(6) means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

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

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

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

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

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

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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.

The Contractor shall insert the substance of this clause, including in all (e) Subcontracts. this paragraph (e) and excluding paragraph (b)(2), subcontracts and other contractual 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 , insert the following provision:9.104-7(d)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

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

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) 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

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware (2) 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.

The Offeror represents that-(b)

It is(1) 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

It is(2) 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 , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(MAR 2020)

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) 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)).

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

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

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

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

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

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

[ .]Contracting Officer check as appropriate

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

10 U.S.C. 2402).

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of ____ (3) (JUN 2010)

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S. ____ (4) (OCT 2018)

C. 6101 note).

[Reserved]. ____ (5)

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

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

Div. C).

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

Debarment. (31 U.S.C. 6101note).(OCT 2015)

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

[Reserved]. ____ (10)

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

Alternate I of 52.219-3. ____ (ii) (MAR 2020)

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

Alternate I of 52.219-4. ____ (ii) (MAR 2020)

[Reserved] ____ (13)

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

Alternate I . ____ (ii) (MAR 2020)

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

Alternate I of 52.219-7. ____ (ii) (MAR 2020)

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

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

Alternate I of 52.219-9. ____ (ii) (NOV 2016)

Alternate II of 52.219-9. ____ (iii) (NOV 2016)

Alternate III of 52.219-9. ____ (iv) (MAR 2020)

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

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

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

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)). ____ (20) (JAN 1999)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f). ____ (21) (MAR 2020)

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (MAR 2020)

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

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)

Concerns (15 U.S.C. 637(m)).(MAR 2020)

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)

Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

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

52.222-3, Convict Labor (E.O.11755). ____ (27) (JUN 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126). ____ (28) (JAN 2020)

52.222-21, Prohibition of Segregated Facilities . ____ (29) (APR 2015)

____ (30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

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

____ (31) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(i)

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

____ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C.793).(i) (JUL 2014)

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

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). ____ (33) FEB 2016

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). ____ (34) (DEC 2010)

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

Alternate I of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627). ____ (ii) (MAR 2015)

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

____ (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(i)

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

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

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

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

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

Alternate I of 52.223-13. ____ (ii) (OCT 2015)

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

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

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

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

Alternate I of 52.223-16. ____ (ii) (JUN 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513). ____ (44) (AUG 2011)

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

52.223-21, Foams (Jun 2016) (E.O. 13693). ____ (46)

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

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

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

____ (49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, (i) (MAY 2014)

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.

Alternate I of 52.225-3. ____ (ii) (MAY 2014)

Alternate II of 52.225-3. ____ (iii) (MAY 2014)

Alternate III of 52.225-3. ____ (iv) (MAY 2014)

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

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of ____ (51) (JUN 2008)

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of ____ (52) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ____ (53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (54)

52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (55) (FEB 2002)

52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (56)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332). ____ (57) (OCT 2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ____ (58)

52.232-36, Payment by Third Party (31 U.S.C.3332). ____ (59) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). ____ (60) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)). ____ (61) (JAN 2017)

____ (62) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.(i) (FEB 2006)

C. 2631).

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

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

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

[ ]Contracting Officer check as appropriate.

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

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

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

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ____ (4)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).(AUG 2018)

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

S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)

Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ____ (7)

(41 U.S.C. chapter 67).(MAY 2014)

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

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

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

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record 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.

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

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) 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-

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) 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)).

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

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

52.219-8, Utilization of Small Business Concerns (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.216-19 Order Limitations. 1995-10

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 month of services, 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 $5M;

(2)Any order for a combination of items in excess of $5M; or

(3)A series of orders from the same ordering office within 10 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.

(d)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 5 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.

(End of clause)

52.216-22 Indefinite Quantity. 1995-10

As prescribed in 16.506(e), insert the following clause:

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."

(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 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…