Solicitation M00263-21-Q-1003 Educators Workshop Lodging.docx

M0026321Q1003

Section B - Supplies or Services and Prices

Double/Double or Double Queen

FFP

1200 Double/Double or Double/Queen Rooms in support 10 educators workshops: Events conducted February through July.

30 Rooms/night @ $______/room/night x 4 nights x 10 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2021 - 14 Jan 2022

FOB: Destination

MILSTRIP: M8728521SU21EDW

PURCHASE REQUEST NUMBER: M8728521SU21EDW

PSC CD: V231

NET AMT

Double/Double or Double Queen

FFP

240 Double/Double or Double/Queen Rooms in support 2 educators workshops.

Two (2) events in August.

30 Rooms/night @ $______/room/night x 4 nights x 2 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2021 - 14 Jan 2022

FOB: Destination

MILSTRIP: M8728521SU21EDW

PURCHASE REQUEST NUMBER: M8728521SU21EDW

NET AMT

FFP

1200 Double/Double or Double/Queen Rooms in support 10 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 10 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2022 - 14 Jan 2023

FOB: Destination

NET AMT

FFP

240 Double/Double or Double/Queen Rooms in support 2 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 2 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2022 - 14 Jan 2023

NET AMT

FFP

1200 Double/Double or Double/Queen Rooms in support 10 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 10 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2023 - 14 Jan 2024

NET AMT

FFP

240 Double/Double or Double/Queen Rooms in support 2 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 2 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2023 - 14 Jan 2024

NET AMT

FFP

1200 Double/Double or Double/Queen Rooms in support 10 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 10 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2024 - 14 Jan 2025

NET AMT

FFP

240 Double/Double or Double/Queen Rooms in support 2 educators workshops.

30 Rooms/night @ $______/room/night x 4 nights x 2 workshops = $_________________

-See Section C, for workshop dates Room Specifications and contract requirements..

-Period of Performance: 15 Jan 2024 - 14 Jan 2025

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

A.1 Background: The Western Recruiting Region Headquarters, located aboard Marine Corps Recruit Depot, San Diego, regularly hosts Educator Workshops with the goal of providing educators firsthand knowledge of Marine Corps recruit training, job skills and opportunities, and educational benefits available to Marines. The program is specifically designed to impress upon educators the continuing need to recruit highly qualified, motivated young men and women. To that end, specific lodging requirements must be met to support the educator workshops of calendar years 2021 through 2024.

A.2 Scope of Work and General Tasks: This procurement is being conducted under the provisions of Federal Acquisition Regulations FAR Sub Part 13.5 “Test Program For Certain Commercial Items” and FAR Part 12 “Commercial Items”. The Government intends to award fixed price contract with prospective price redetermination (in accordance with FAR Section 16.205 and FAR Clause 52.217-9) for 30, double-occupancy rooms for four nights (Monday afternoon arrival and Friday morning departure), in support of 12 dated events throughout calendar year 2021, for a total of 1440 nights lodging, at or below the San Diego per diem rates.

There are three (3) additional one-year option periods for the same number of events and rooms. Though specific dates have not yet been established for the option period events, event dates will be set within 30 days of the beginning of each option period.

The base year (15 Jan 2021 – 14 Jan 2022) lodging price will be competitively set, but cannot exceed the Federal Government Lodging per diem rate for San Diego. The awardee’s offered price per room (for the base year), will be divided by the current per diem rate to arrive at a percentage. When the new per diem rate for San Diego is published for each succeeding fiscal year, the awardee’s percentage will be multiplied against the new rate to determine that respective option period’s Lodging prices. The ceiling price for each option period shall not exceed that current year’s Federal Government Lodging Per Diem rate for the San Diego area, and will be locked in for 12 months for each period of performance that it covers, even if the rates increase during that 12-month period. The per diem rates can be located on the General Services Administration (GSA) website at http://www.gsa.gov/portal/category/21287.

In addition, a Monday night “Buffet Style” banquet dinner (see section A.3.G), breakfasts for Tuesday and Wednesday (2 breakfasts—see section A.3.h & A.3.i.), and regular dinners for Tuesday, Wednesday, and Thursday (3 Dinners—See section A.3.i) shall be provided within the Fiscal Year 2021 Federal Government Meal Per Diem rate for the San Diego area. No charges will be paid against the resultant contract for the breakfast or dinner meals, the meal facilities, or services associated with the meals. Participating offerors simply must have the ability to support the meal requirements. The ceiling price for the option period’s meals shall not exceed that current year’s Federal Government Meal Per Diem rate for the San Diego area.

Participating offerors must also provide 10 single occupancy rooms, at the Federal Government Lodging Per Diem rate for the San Diego area during the same dates as the events cited at A.3.b of this PWS. No charges will be paid against the resultant contract for these rooms. Reservations for these rooms will be made via separate correspondence at least 72 hours prior to commencement of each event. The awardee will be free to release any rooms that have not been reserved at least 72 hours prior to each event.

The period of performance is for a base period of 12 months, plus three (3) one-year option periods. All options will be evaluated in accordance with FAR Provision 52.217-5. The contract requirements, as well as all applicable provisions and clauses, are outlined on the following pages.

Award will be made on a Best Value basis in accordance with the best value evaluation criteria outlined at Clause 52-212-2 of Section M of this Solicitation.

A.3 Mandatory Specifications: All mandatory specifications pertain to each event listed at A.3.b. Quotes shall discuss in detail the manner with which the hotel intends to satisfy the mandatory specifications defined below. Additionally, quotes shall detail any offerings supplementary to the mandatory specifications below. All mandatory specifications together with any supplementary offerings will be considered, as stated in Performance Work Statement.

a. No advance room deposit required for reservations.

b. The hotel shall provide the required number of rooms listed below for the base period and three (3) option periods. There will be 12 events per period of performance, with the number of rooms specified in the CLINS for each designated event. The event dates for the option periods will be set within 30 days of the beginning of each option period.

OPTIONS:

Option 1: 15 Jan 2022 – 14 Jan 2023 Option 2: 15 Jan 2023 – 14 Jan 2024 Option 3: 15 Jan 2024 – 14 Jan 2025

Each option period will have 12 events, with the same lodging and meal requirements as for the base year. The precise dates for each option years’ events will be set within 30 days of the beginning of each option period. In addition, the lodging rates for each option period will be re-determined by multiplying a pre-established percentage against the new Per Diem rate.

c. Large group check in capabilities, i.e., dedicated front desk person for Monday night check-in.

d. Rooms cancelled for any reason (e.g. Guest Cancels, No-Show Guests, Delays due to flight problems, etc.) will not be subject to any cancellation fees or penalties, and there will be no payment for the cancelled room.

e. Must be able to accommodate 50 passenger bus parking with safe (e.g. personnel must not cross any major streets or traffic lanes to board bus) and convenient (e.g. within 100 yards of hotel main entrance/exit) passenger loading and unloading.

f. Hotel must be within 3 mile radius of 1600 Henderson Ave, San Diego, CA 92140.

g. Must be able to accommodate 100 people in private banquet room on site, for one (1) Monday evening buffet dinner. Must have the ability to support this requirement with a per meal price within the fiscal year 2021 federal dinner allowance of $31.00. Additionally, the offeror must not charge any up front deposits for this event and must have the ability to accept payment via credit card for meals. Option period rates shall not exceed the Federal meal Allowance rates for their respective fiscal year. No charges will be paid against this contract for the banquet meal, the banquet facilities, or services associated with the banquet. Prospective offerors must simply have the ability to support this requirement. A Letter of Instruction (LOI) will be provided to the contractor a week prior to the event.

h. Must be able to accommodate up to 100 people for breakfast to be completed by 7:15am daily. The cost of the breakfast meal must be within the daily Federal Breakfast Meal Allowance of $17.00. Option period rates shall not exceed the Federal Meal Allowance rates for their respective fiscal year.

i. A minimum of two (2) breakfast meals (Tuesday and Wednesday, of each event) must be available at daily federal breakfast meal allowance of $17.00, and three (3) dinner meals must be available at the daily federal dinner meal allowance of $31.00 for each day of each scheduled event. Option period rates shall not exceed the Federal Meal Allowance rates for their respective fiscal year. No charges will be paid against this contract for the breakfast or dinner meals, the meal facilities, or services associated with the meals. The contractor will provide the meals for however many guests come to the hotel restaurant, to be paid for separately, and accept credit cards.

j. The Government will not be charged for uneaten meals. Adequate on-site complimentary parking for local Marine Corps District/Recruiting Station Government vehicles and rented vehicles.

k. Adequate parking is defined as 10 spaces available for each event. Parking Spaces must be within 100 yards of hotel.

l. Double occupancy rooms must be designed to accommodate two separate personnel in separate beds, without the use of temporary bedding, including cots, hideaway beds, etc. Square footage shall be no less than 375 sq. ft.

m. The quality of accommodations (to include appearance and cleanliness) and meals shall be of the quality considered acceptable by frequent business travelers.

n. A guest credit card will not be required for check-in.

A.4 Amenities:

A.4.1 The amenities cited below are considered must-haves for each event.

A.4.2 At check-in time each guest will be provided a list that states each amenity, whether it is complimentary, and if not complimentary, the price. Offerors may make other amenities available. The contractor are required to provide a list with a price breakdown to each and every guest during check-in. A guest credit-card is not required for check-in.

A.5 Occupancy: The personnel that occupy the rooms may change from time to time. Males and females will be billeted separately. The Government reserves the right to determine which personnel will receive single rooms, and which personnel will be billeted together.

A.6 Responsibility for Room Expenses: Items such as beverages, snacks and phone calls that are provided at additional cost are the sole responsibility of the occupant and will be charged to that hotel guest.

A.7 Damages: In the event of any damage to the hotel rooms or surrounding property, the Contractor shall make every attempt to obtain direct recourse from the individual responsible for such damages. If unable to resolve the issue directly, or if the identity of the individual responsible for the damages is unknown, the Contractor shall submit a Request for Equitable Adjustment, in accordance with the Disputes Act (FAR 52.233-1) and provide as much information as possible to ascertain the identity of the individual(s).

A.8 Taxes: This contract is for official Government purposes and is therefore exempt from all state and local taxes in accordance with the U. S. Tax Code Section 501 (C)(1) and California Sales and Use Regulation 1614, and in accordance with the California Statute, this contract shall serve as sufficient documentation to support an exempt sale to the United States Government.

A.9 Payments and Invoices: Payment shall be made by electronic funds transfer. Invoices will be processed through Wide Area Workflow Receipt and Acceptance (WAWF-RA). See clause 252.232-7006 Wide Area Workflow-Receipt and Acceptance.

A.10 Performance Requirements Summary (PRS)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

14-JAN-2022

ROSE SCHUH

3500 CHOSIN AVE

SAN DIEGO CA 92140

619-524-1853

M87285

14-JAN-2022

M87285

14-JAN-2023

M87285

14-JAN-2023

M87285

14-JAN-2024

M87285

14-JAN-2024

M87285

14-JAN-2025

M87285

14-JAN-2025

M87285

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

G-1. Most contract administration functions shall be retained by the Regional Contracting Office, Marine Corps Recruit Depot, Parris Island, South Carolina. Any inquiries pertaining to the administration of performance of this contract should be directed to the Regional Contracting Office.

G-1.1 Invoices and receiving documents shall be submitted through Wide Area Workflow (WAWF) for payment in accordance with DFARS 252.232-7006.

G-2 Contract Correspondence and Inquiries

G-2.1 All correspondence/inquiries shall reference the appropriate Contract Number, and shall be submitted to the following address:

Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Juanita Roberson Contract Specialist Parris Island, SC 29905 Phone: 843-228-3585 E-mail: juanita.roberson@usmc.mil

Regional Contracting Office, Paris Island Marine Corps Recruit Depot Attn: Kacy Mohead Contracting Officer Parris Island, SC 29905 Phone: 843-228-2188 E-mail: kacy.m.mohead@usmc.mil

G-3 Technical Inquiries

G-3.1 upon contract award, all inquiries that relate to technical issues shall be directed to the contracting office. NOTE: The Contractor hereby understands that only technical issues can be discussed with the receiving unit.

G-4 Authority of Government Personnel

G-4.1 Notwithstanding any provisions to the contrary contained elsewhere in this solicitation, the Contracting Officer is the only person authorized to approve and issue amendments to this solicitation.

G-4.2 The Contracting Officer is the only person who can legally modify any resulting contract or obligate the Government for the expenditure of public funds. Costs shall not be incurred by recipients of the solicitation in anticipation of receiving direct reimbursement from the Government.

WAGE DETERMINATION

This solicitation and any resultant contract will be subject to the U.S. Department of Labor Wage Determination Number 1995-0584, Revision number 45, Dated 15 September 2020. This Wage Determination is hereby incorporate into this order and can be found at https://beta.sam.gov/.

ECMRA

(a) DoD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 0 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(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. 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

CLASS DEVIATION 2021-O0001

252.222-7999 COMBATING RACE AND SEX STEREOTYPING

(DEVIATION 2021-O0001) (NOV 2020)

(a) Definitions. As used in this clause—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and “Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

CLAUSES INCORPORATED BY REFERENCE

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

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

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

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

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

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

___ (5) [Reserved]

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

___ (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. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

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

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

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

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

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

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

____ (v) Alternate IV (JUN 2020) of 52.219-9.

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

____ (ii) Alternate I (MAR 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

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

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

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

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

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

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

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

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

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

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

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

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

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

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

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

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

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

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

____ (52) 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).

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

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

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(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.

____ (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: (Contracting Officer check as appropriate.)

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 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).

_____ (4) 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).

_____ (5) 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).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts…