Conformed_SP0600-15-R-0416-A0010_V3.pdf

INFORMATION TO OFFERORS

From: DLA ENERGY – FEA Electricity Team

To all potential Basic Ordering Agreement (BOA) offerors:

DLA Energy – Electricity Team intends to establish Basic Ordering Agreements (BOAs) with contractors to supply and deliver Renewable Energy Certificates (RECs) to various locations in the

Continental United States (CONUS) in support of meeting the Executive Order (E.O.) 13834 and

Implementing Instructions for Executive Order 13834 Efficient Federal Operations (dated April 2019).

Any BOA(s) resulting from this solicitation is not a contract, and there is no guarantee that any contract will result in the future. The BOA, however, may be used by authorized Ordering Agencies to expedite contracting for the supply and delivery of RECs by issuance of Purchase Orders against a DLA Holders’

BOA. Vendors with BOAs will be known as “DLA BOA Holders.” DLA Energy will manage administration of the BOA Holder Agreements and Ordering Agencies will manage the administration of any resultant Purchase Order.

This solicitation will be open continuously for a period of five (5) years from the date of issuance

July 28, 2015.

All questions related to this Request for Proposal should be directed to: cstream@dla.mil

With subject “REC BOA SP0600-15-R-0416”

Please access the Federal Business Opportunities website “FedBizOpps”: https://www.fbo.gov for access to this solicitation and for future notices.

https://www.fbo.gov/

Table of Contents

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY CERTIFICATES

Section B, Table1: Supplies to be Furnished

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

Section C, Table 1 – Federal REC Vintage Timeline

Section C, Diagram 1:

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

SECTION F—DELIVERIES OR PERFORMANCE

DELIVERY AND ORDERING PERIODS

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

CONTRACT TYPE:

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR) (May 1999)

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

Section H, Table 1 - Authorized Ordering Agencies:

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

52.204-13 –System for Award Management Maintenance (FAR) (MAY 2018)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR) (May 2019) /

ALTERNATE I (FAR) (FEB 2000)

52.252-1 Solicitation Provisions Incorporated by Reference (FAR)(Feb 1998)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LISTS OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS

52.209-5 -- Certification Regarding Responsibility Matters (FAR)(OCT 2015)

52.209-7 – Information Regarding Responsibility Matters (FAR)(OCT 2018)

52.212-3/I OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (FAR) (OCT 2018) / ALTERNATE I

(FAR) (OCT 2014)

SECTION L – INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS TO QUALIFY FOR

A BOA

Addendum to FAR 52.212-1 Past Performance Information, Period of Acceptance for Offers, and Multiple Awards

52.204-7 -- System for Award Management (FAR) (OCT 2018)

SECTION M – BOA EVALUATION FACTORS

Addendum to 52.212-2 EVALUATION – COMMERCIAL ITEMS (FAR) (OCT 2018)

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form See SF 1449 Page 1 Continuation of Block 8 of SF1449-OFFER DUE DATE: This Basic Ordering Agreement (BOA)

Solicitation is open continuously for a period of five (5) years from solicitation issue date identified in Block 6. Proposals to establish the initial BOA Holders are due August 17th at 3:00 p.m. EDT; however, offers will be accepted continuously thereafter. When responding please review this Agreement in its entirety, specifically ensure the following documents are submitted/completed:

1) Signed and completed SF 1449, to include Cage Code

2) Complete all fill-in areas of the Request for Proposal, Section K

3) All DOCUMENTS and requirements for offer submission set forth in Section L

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY CERTIFICATES

(a) Brief Description: A Renewable Energy Certificate (REC) represents the property rights to the environmental, social, and other non-power qualities of renewable electricity generation transferred to the Government. As renewable generators produce electricity, they create one REC for every 1000 kilowatt-hours (or 1 megawatt-hour) of electricity placed on the grid. Government “goals” identified in the Executive Order (E.O.) 13834 and Implementing

Instructions for Executive Order 13834 Efficient Federal Operations (dated April 2019) drive the Ordering Agency’s

REC requirement. These RECs earn “credit” for the Agency to meet the Governmental goal for a given Fiscal Year

(FY). RECs are also known as “green tags”, “green certificates” and “renewable energy credits”.

(b) Item Numbers: The Contract Line Item Numbers (CLINs) identified in Section B, Table 1 are the only supplies available for future orders.

(c) Quantities: The estimated quantity for this Agreement is 8,636,360 megawatt-hours (MWh) over five years. The estimate is based off of a cumulative average of all RECs delivered using DLA Energy’s historical information and pricing data.

(d) Deliverables: Any resultant purchase order will require the deliverables set forth in this section; only the following deliverables are required under any resultant order and shall not be supplemented or modified:

All deliverables associated to the REC(s) delivered under these terms and clauses shall be furnished in accordance with Section B, Supplies to be Furnished, and C, Statement of Work, whereby the following is required:

(1) Exhibit I REC Certificate of Transfer furnished at the time of REC(s) delivery.

(2) Exhibit II REC Attestations

Or

Green-e Energy Attestation and Tracking System Reports either to be completed by the generator and BOA Holder and furnished at the time of REC(s) delivery.

Exhibit II REC Attestations:

(a) ATTESTATION FROM REC PROVIDER and

(b) RENEWABLE GENERATOR ATTESTATION

Green-e Energy Attestation and Tracking System Reports:

(a) Green-e Energy Attestation from Generator Participating in a Tracking System; AND

(b) Tracking System Reports demonstrating retirement of RECs within an Eligible Tracking System with specific reference made in the REC retirement notes to the applicable Ordering Agency and Fiscal Year for each retirement (e.g., Retired on Behalf of [Ordering Agency] for FY17”). Note that for any CLIN requiring

Green-e Energy® certified RECs, Green-e Energy® requires that (in all but a few specific cases), RECs generated after July 1, 202118 are retired in a tracking system approved by Green-e Energy®.

For the purposes of this BOA, Eligible Tracking Systems include the following:

• ERCOT: Electric Reliability Council of Texas

• MIRECS: Michigan Renewable Energy Certification System

• M-RETS: Midwest Renewable Energy Tracking System

• NAR: North American Renewables Registry

• NC-RETS: North Carolina Renewable Energy Tracking System

• NEPOOL-GIS: New England Power Pool Generation Information System

• NVTREC: Nevada Tracks Renewable Energy Credits

• NYGATS: New York Generation Attribute Tracking System

• PJM-GATS: PJM EIS’s Generation Attribute Tracking System

• WREGIS: Western Renewable Energy Generation Information System

(3) Verification Audit – All required audit reports shall be furnished for delivery as follows:

(i) Third-Party Verification Audit1 – (required for non-Green-e or non-LEED Certified) At a minimum, an audit must be performed by a Certified Public Accountant (CPA) within 90 calendar days of the delivery date to verify the REC product content was sufficiently generated; the BOA Holder shall deliver the audit report to the Ordering Agency no later than the 91st calendar day. The third party audit shall verify all statements in Exhibits I and II, as well as verify items in Section C, Statement of Work (d) Scope, items 1-5.

(ii) Center for Resource Solutions (CRS) Annual Audit Report2 the BOA Holder must submit documentation performed by an independent CPA or Certified Internal Auditor to the CRS by the annual deadline specified by CRS. (See Section C, Statement of Work, (c) Definitions, (14)). The subsequent CPA or Certified Internal Auditor report delivered to CRS is a requirement to be provided to the Ordering Agency for any Green-e/LEED supplies to be furnished within 30 calendar days the CRS Annual Audit is submitted to CRS. Only the report submitted to CRS is required to be furnished to the Ordering Agency.

Section B, Table1: Supplies to be Furnished

1 Audit requirement described in http://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf 2 Audit requirement described in Green-E Code of Conduct and Customer Disclosure Requirements dated November 6, 2013 (page 11-13) http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf. The Green-e Energy Code of

Conduct underwent a major update in the July 24, 2015 version, but Participants will not be required to comply with this version until July

24, 2016 per http://www.green-e.org/getcert_re_stan.shtml#coccd.

Contract Line

Item Number

(CLIN)

REC Type/

Source Deliverables

0001 Any/all RECs Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0002 Solar Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0003 Wind Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0004 Landfill Gas Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0005 Biomass Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0006 eGrid Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., i.

0007 LEED

Certified

Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0008 Green-e

Certified (any

REC)

Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0009 Solar Green-e

Certified

Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0010 Wind, Green-e

Certified

Exhibit I REC Certificate of Transfer http://www1.eere.energy.gov/femp/pdfs/epact05_fedrenewenergyguid.pdf http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf http://www.green-e.org/getcert_re_stan.shtml#coccdr

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

(a) PURPOSE: This Basic Ordering Agreement (BOA) between [Company Name] (herein “DLA BOA Holder”) and the

Defense Logistics Agency Energy (herein “DLA Energy”) is entered into for the potential supply of Renewable Energy

Certificates (RECs).

(b) BACKGROUND: RECs serve the role of laying claim to and accounting for the associated attributes of renewable-based generation. As renewable generators produce electricity, they have a positive impact, reducing the need for fossil fuel-based generation sources to meet consumer demand. RECs embody these positive environmental impacts and convey these benefits to the REC owner. As renewable generators produce electricity, they create one REC for every

1000 kilowatt-hours (or 1 megawatt-hour) of electricity placed on the grid. If the physical electricity and the associated

RECs are sold to separate buyers, the electricity is no longer considered "renewable" or "green." The REC product is what conveys the attributes and benefits of the renewable electricity, not the electricity itself.

(c) DEFINITIONS:

(1) Renewable Energy Certificate (REC) 3 :means the technology and environmental (non-energy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, that can be sold separately from the underlying generic electricity with which they are associated and that, for the purposes of this order [Implementing Instructions for E.O. 13693], were produced by sources of renewable energy placed into service within 15 years prior to the start of the fiscal year in which they are being procured.

(2) Eligible Renewable Energy Resource4 : is to mean ‘‘renewable electric energy’’ or “REC Type/Source”, which is energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, geothermal heat pumps, micro turbines, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. (For the purposes of this BOA, this definition is to mean “All / Any REC source” as shown in Section B, Table 1 –

Supplies to be Furnished”.)

(3) Produced:(as referenced in paragraph “i” above), this BOA defines this term to mean “the date of vintage in accordance with paragraph iv. Vintage below”.

(4) Vintage5: is to mean “Vintage Date” or “Generation Date” which are interchangeable with respect to industry standards. Vintage is defined as the date that the electric generation associated with the REC was measured by the system operator or utility meter at the generator site.

(5) Contract Year: may also be known as ‘Goal Year’ or ‘Current Year’, however, for the purpose of this BOA, Contract Year, Goal Year or Current Year, is to mean “Fiscal Year” (FY) October 1 – September 30” See Section C, Diagram 1 (Note: some industry standards define the “Current Year / Contract Year / Goal Year” as January 1 –

December 30; however, due to Federal Funding limitations, this BOA defines the Contract/Current/Goal Year to mean “Fiscal Year”).

(6) Federal REC Vintage Timeline: RECs are defined as ELIGIBLE under this BOAs requirements when the REC generated six (6) months immediately preceding each Fiscal year, or three (3) months immediately following each

Fiscal Year, making the total eligible generation period 21 consecutive months. See Section C, Table 1- Federal

REC Vintage Timeline.

3 As defined in Implementing Instructions for Executive Order 13834 Efficient Federal Operations (dated April 2019) 4 As defined in Implementing Instructions for Executive Order 13834 Efficient Federal Operations (dated April 2019) 5 As defined in Green-E Code of Conduct and Customer Disclosure Requirements - http://www.green-e.org/docs/energy/CodeofConductandCustDisclosure.pdf

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0011 Landfill Gas, Green-e

Certified

Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

0012 Biomass, Green-e

Certified

Exhibit I REC Certificate of Transfer

Exhibit II REC Attestations

Third-party Audit, See Section B, (d) 3, Deliverables, c., ii.

(7) Green-e Certified “Green-e” is defined as CERTIFIED RECs and has specific standards different from any other

REC source. Standards, specifications (to include vintage) are fully defined in Green-e Energy National Standard

(also known as: ‘National Standard’), Version 2.7 Released: July 14, 2015.

(8) eGRID RECs: Requesting agencies will accept RECs from the following eGRID sub-regions6: MRO West, RFC

West and SPP North.

eGRID7 is to mean the Emissions & Generation Resource Integrated Database (eGRID), which is a comprehensive inventory of environmental attributes of electric power systems. eGRID is the preeminent source of air emissions data for the electric power sector. Data is based on available plant-specific data for all U.S. electricity generating plants that provide power to the electric grid and report data to the U.S. government. eGRID integrates many different federal data sources on power plants and power companies, including, but not limited to: EPA, the Energy

Information Administration (EIA), the North American Electric Reliability Corporation (NERC), and the Federal

Energy Regulatory Commission (FERC). Emissions data from EPA are carefully integrated with generation data from EIA to produce useful values like pounds per megawatt-hour (lb/MWh) of emissions, which allows direct comparison of the environmental attributes of electricity generation. eGRID also provides aggregated data by state, U.S. total, company, and by three different sets of electric grid boundaries.

(9) LEED Certified RECs8: A LEED REC is an off-site renewable energy source, as defined by the Center for

Resource Solutions Green-e Energy program’s products certification requirements, or the equivalent. Green power may be procured from a Green-e Energy certified power marketer or a Green-e Energy-accredited utility program, or through Green-e Energy-certified tradable renewable energy certificates (RECs) or the equivalent. To meet the

LEED standard, RECs must be accompanied with proof of a contract to purchase RECs for a minimum of 2 years and must also make a commitment to purchase RECs on an ongoing basis beyond that.

(10) Substantial Change to Executive Orders (E.O.): Should E.O. 13834 be updated, or replaced, by any superseding

E.O. or higher level Government mandate, the update may govern the definition(s) of eligible Supplies to be

Furnished provided in this Section (relating to Section B, Table 1). The scope and magnitude of the REC

“Types/Sources” as indicated in the solicitation, Section B, shall not substantially change; rather additional/revised

E.O.(s) may, for example, elaborate on the terms and definitions listed herein, that BOA Holder is required to adhere to the update / replacement as appropriate, and in accordance with the updated E.O. governing the definitions of the

‘Type’ of REC sourced for any new orders after the E.O update has been issued.

(11) Contract: for the purpose of this BOA, the term “contract” is to mean “any resultant Purchase Order award”.

(12) Contractor: for the purpose of this BOA, the term “contractor” is to mean “BOA Holder”.

(13) Qualifying REC(s): For the purpose of this BOA, the term “Qualifying REC(s)” is to mean the REC(s) which meet all standards/requirements identified in this BOA, to include Executive Order(s), National Standard or Industry

Standard specified.

(14) Center for Resource Solutions (CRS) Annual Audit Report9: as required by the Green-e Code of Conduct and

Customer Disclosure Requirements, Section VI, ‘Verification of Certified Products’ (See Footnote 2 & 9) a report is due to CRS by the annual due date CRS deems (usually annually in June). As required, all Green-e products must be verified by a CPA or Certified Internal Auditor by the CRS annual cut-off date. The Government acknowledges that the BOA Holder has no control over when CRS sets the deadline for CRS Audit Report submission. See Section

B, (d) Deliverables, (3),(ii), Center for Resource Solutions (CRS) Annual Audit Report.

(d) SCOPE: Any and all RECs delivered for purchase by the Government under any resultant Purchase Order shall conform to the following requirements:

(1) All RECs delivered shall meet the definitions and specifications defined in this BOA.

(2) All RECs shall come from United States Facilities.

(3) The BOA Holder shall source a REC where, at the point of generation, the unbundled product component(s) shall be sold separately from its electricity and transferred to the Ordering Agency.

(4) All REC(s) shall be delivered with the completed appropriate Deliverables identified in Section B, paragraph (d).

(5) BOA Holder shall adhere to Executive Order (E.O.) 13834 and Implementing Instructions for Executive Order

13834 Efficient Federal Operations (dated April 2019). adhere to the following Section C, Table 1- Qualifying

REC Vintage Date, whereby supplies furnished for a given Fiscal Year must meet REC “vintage” requirements, 6 http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html#egrid6 7 http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html 8 http://www.usgbc.org/Docs/Archive/General/Docs5545.pdf 9 Audit requirement described in Green-E Code of Conduct and Customer Disclosure Requirements dated November 6, 2013 (page 11-13) http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf. The Green-e Energy Code of

Conduct underwent a major update in the July 24, 2015 version, but Participants will not be required to comply with this version until July

24, 2016 per http://www.green-e.org/getcert_re_stan.shtml#coccd.

http://www.epa.gov/cleanenergy/energy-resources/egrid/faq.html http://www.usgbc.org/Docs/Archive/General/Docs5545.pdf http://www.green-e.org/docs/energy/Green-e%20Energy%20Code%20of%20Conduct%20110613.pdf http://www.green-e.org/getcert_re_stan.shtml#coccdr

(i.e., the energy they represent must be generated during the same defined fiscal year) as shown in Section C, Table

1, below:

Section C, Table 1 – Federal REC Vintage Timeline

Fiscal Year Qualifying Vintage Dates Types of RECs

2015 April 1, 2014 to Dec 31, 2015 All RECs

July 1, 2014 to Dec 31, 2015 National Standard (Green-e LEED)

2016 April 1, 2015 to Dec 31, 2016 All RECs

July 1, 2015 to Dec 31, 2016 National Standard (Green-e LEED)

2017 April 1, 2016 to Dec 31, 2017 All RECs

July 1, 2016 to Dec 31, 2017 National Standard (Green-e LEED)

2018 April 1, 2017 to Dec 31, 2018 All RECs

July 1, 2017 to Dec 31, 2018 National Standard (Green-e LEED)

2019 April 1, 2018 to Dec 31, 2019 All RECs

July 1, 2018 to Dec 31, 2019 National Standard (Green-e LEED)

2020 April 1, 2019 to Dec 31, 2020 All RECs

July 1, 2019 to Dec 31, 2020 National Standard (Green-e LEED)

Section C, Diagram 1: For the purposes of this diagram, Current Year (CY) is shown to highlight the Green-E standard, and the overlap of the Federal REC Vintage Timeline. RECs can be generated six (6) months immediately preceding each Fiscal Year, or three (3) months immediately following each Fiscal Year; making the total eligible generation period 21 consecutive months.

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

Federal Acquisition Regulation (FAR) 52.246-2 – Inspection of Supplies—Fixed Price (Aug 1996) is hereby incorporated by reference.

SECTION F—DELIVERIES OR PERFORMANCE

Items to be delivered will be specified when the Ordering Agency issues a Request for Quote.

DELIVERY AND ORDERING PERIODS

(a) The period of a resultant Purchase Order (PO), during which the Ordering Agency may order and the REC deliverables shall be supplied (if ordered), will be as within the limits of the below dates. No order shall exceed these limits:

(1) Ordering period begins: at issuance of a BOA to the BOA Holder and the last date to order is: Not to exceed

(five) 5-years from the date the BOA RFP was issued as indicated in Block 6 of the SF 1449.

(2) Delivery period begins: at issuance of a PO and ends: no later than midnight, December 30, 2020.

NOTE: Audit Reports are a term of the requirement to be delivered. A BOA Holder would be in breach of terms if they are unable to provide a valid Audit Report; however, the BOA Holder has no control of the timing CRS releases the

Green-E / LEED Audit Report thus this is an incidental deliverable to provide documentation for the official file and shall not be confined to be delivered within the time specified in paragraph (a)(2).

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

The following DLA Energy personnel are the administrative points of contact for the Basic Ordering Agreement:

DLA Contract Specialist(s): Email: Phone:

Christine George Christine.george@dla.mil 571-767-9796

Jamese Promise Jamese.promise@dla.mil 571-767-0876

Ryan Spahr Ryan.spahr@dla.mil 571-767-9197

Contracting Officer: Email: Phone:

Bryan Simmons Bryan.Simmons@dla.mil 571-767-8531

CONTRACT TYPE:

Resultant Purchase Orders (contract awards) shall be established on a Firm-Fixed Price basis.

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR) (May 1999) This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated--

(a) Elsewhere in this contract or agreement; or

(b) In individual orders placed under this contract or agreement

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

(a) Terms: This is a Basic Ordering Agreement (BOA) that establishes a written instrument of understanding, containing the terms and agreements under which future requirements will be solicited, evaluated, awarded and delivered. A BOA is not a contract.

(b) All BOA terms and clause herein are incorporated by reference to all future orders.

(1) DLA Energy is the Administrator (owner) of the BOA(s) and is the only Ordering Agency authorized to modify the base terms and clause of BOA Holders.

(2) In accordance with FAR 16.703(c)(2), each BOA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the FAR. The BOA(s) may need to be revised before the annual review due to mandatory statutory requirements. A BOA shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a basic ordering agreement shall not retroactively affect orders previously issued under it.

(3) The BOA may be terminated in its entirety by either party upon thirty (30) days’ notice to the other party.

Termination of a BOA shall not retroactively affect previously issued orders.

(4) The Ordering Agency will solicit its requirements in accordance with FAR 16.703 (d).

(5) A binding contract (Purchase Order) may be established when the Ordering Agency offers the BOA Holder a

Purchase Order (PO) and the BOA Holder accepts it in writing. All orders shall be accepted by the BOA Holder

“in writing,” as defined in FAR 2.101.

(6) All POs shall reference the DLA BOA Holder’s Agreement number, and a DLA Energy generated sequential BOA number (DLA + 4-digit sequential number).

(7) Regardless of the BOA expiration date, the BOA Holder is responsible for delivering all supplies required under each PO and all modifications under each PO.

mailto:Christine.george@dla.mil mailto:Jamese.promise@dla.mil mailto:Ryan.spahr@dla.mil mailto:Bryan.Simmons@dla.mil

(8) Past Performance and adherence to FAR Part 9 – Responsibility of all BOA Holders will be reviewed at least every two years.

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

(a) This section sets procedures and criteria that will be used by authorized Ordering Agencies to place Purchase Orders against DLA BOA(s). Any resultant requirements shall be procured in accordance with the FAR 16.703 –Basic

Ordering Agreements.

(b) Ordering Schedule: All ordering periods shall be written within the Request for Quote and the resultant Purchase Order pursuant to Section F of the BOA Terms.

(c) Competition: It is the responsibility of the Ordering Agency’s Contracting Officer or Government Purchase Card

Holder to fully comply with FAR 16.703(d).

(d) Method for Determining Price: All prices must be agreed to before the order is issued.

(e) Method for Issuing Purchase Orders:

(1) Only Ordering Agencies listed in Section H, Table 1- Authorized Ordering Agencies are authorized to issue

Requests for Quotes under this BOA in writing. See Attachment 1, RFQ Template.

(2) Accelerated or streamlined procedures, such as email, phone or fax shall be utilized to the maximum extent practicable. E-mail is the preferred method to notifying BOA Holders of Purchase Order opportunities.

(3) In the event an Ordering Agency wishes to make an order using this BOA, the Ordering Agency shall:

(i) Issue orders under BOA on Optional Form (OF) 347, Order for Supplies or Services, or on any other appropriate contractual instrument.

(ii) Incorporate by reference the provisions of the BOA;

(iii) If applicable, cite the authority under FAR 6.302 in each order; and

(iv) Comply with FAR 5.203 when synopsis is required by FAR 5.201.

(4) REC Types and quantities for each Purchase Order will be established upon issuance of a Request for Quote.

(5) The Ordering Agency may add local provisions or clauses (e.g. invoicing; payment, delivery schedule, etc…), provided they do not conflict with the BOA terms and clauses.

(6) The Ordering Agency intends to evaluate quotes within 10 business days. Any BOA Holder, or interested party (i.e.

prospective BOA Holder(s)) providing a quote to the Ordering Agency.

(7) The BOA Holder with the lowest evaluated quote shall be in line for award.

(8) The Government does not have to accept any quote.

(f) Ordering Limitation: There is no minimum ordering limitation; however, it is strongly recommended that the Ordering

Agencies become part of the DLA semi-annual procurement cycle, so that all Agencies are submitting their Request for

Quotes at the same time. By leveraging the purchase power of quantity and competition, the Government will secure the best rate. This BOA has an ordering capacity of $9.5 million amongst all BOA Holders over the 5 year ordering period cumulatively.

Section H, Table 1 - Authorized Ordering Agencies:

Authorized Ordering Agency Authorized Ordering Agency Address

DLA Energy

DLA Energy, Installation Energy, FEAAB

8725 John J Kingman Rd

Fort Belvoir, VA 22060-6222

Department of Interior

Office of Procurement & Acq. Management

1849 C Street NW, Ste. 2607

Washington, DC 20240-0001

Department of Transportation - Volpe National

Transportation Systems Center

US DOT/Volpe Center

On Site Contracts & Simp Acq.

55 Broadway V222

Cambridge, MA 02142-1001

U.S. Department of Agriculture- Office of

Procurement & Property Management

USDA, DM/OPPM/POD

Acquisition Management Branch-WDC

300 7th Street, SW, Ste. 377

Washington, DC 20024

Indian Health Service - HQ

Indian Health Service

Division of Acquisition Policy

801 Thompson Ave. TMP 605

Rockville, MD 20852

Authorized Ordering Agency Authorized Ordering Agency Address

Internal Revenue Service

Internal Revenue Service

NE Area Procurement Branch

29 Broadway, 3rd Floor

New York, NY 10007

NASA Langley Research Center

NASA Langley Research Center

4 South Marvin Street

Hampton, VA 23681

NASA Johnson Space Center

NASA Johnson Space Center

2101 NASA Parkway

Houston, TX 77058-3696

NASA Kennedy Space Center

NASA Kennedy Space Center

Office of Procurement

Mail Code OP

Kennedy Space Center, FL 32899

National Energy Technology Laboratory

National Energy Technology Laboratory

Morgantown Campus

3610 Collins Ferry Road

PO Box 880

Morgantown, WV 26507-0880

National Institutes of Health

Office of Research Facilities

13 South Drive

Suite 2E48B

Bethesda, MD 20892

NASA Marshall Space Flight Center

NASA Marshall Space Flight Center

Central Receiving Building 4631

Saturn Road

MSFC, AL 35812

DHS Science & Technology

U.S. Dept. of Homeland Security

RDS 245 Murray Drive, Bldg. 410

Washington, DC 20528

U.S. Patent Trade Office

Office of Admin. Services

U.S Patent and Trademark Office

551 John Carlyle Street, 2nd Fl.

Alexandria, VA 22313-1450

USDA Agricultural Research Service

ARS NCRBSC Contracting, Acquisition

5601 Sunnyside Avenue

Mail Stop 5116

Beltsville, MD 20705

U.S. Food and Drug Administration

DHHS, Food and Drug Administration

OC/OFBA/Office of Acquisitions and Grants

Services Division of Acquisition Programs

5630 Fishers Lane, FHA-500, Room 2045

Rockville, Maryland 20857

National Institute of Standards & Technology

PE Office of Facilities & Property Management

100 Bero Drive, Bldg. 301

Gaithersburg, MD 20899

Federal Bureau of Investigation

Federal Bureau of Investigation

Procurement Section

Room 6823

935 Pennsylvania Ave, NW

Washington, DC 20535-0001

Dept. of Energy- Richland

Dept. of Energy

Richland Operations Office

P.O. Box 550 MS H5-20

Richland, WA 99353

USDA-OPPM

USDA OPPM, Sustainable Practices

300 7th Street, SW, Room 310-A

Washington DC 20024

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

To view the FAR, offerors may use the following website: http://www.acquisition.gov/far/

For all questions concerning:

Small Business, please e-mail: dla.energy.osbp@dla.mil.

52.204-13 –System for Award Management Maintenance (FAR) (MAY 2018)

(a) Definition. As used in this clause--

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award

Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the

Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and

Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

http://www.acquisition.gov/far/ mailto:desc.duoffice@dla.mil http://www.sam.gov/

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the

Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in the SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of

Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (FAR) (May 2019) / ALTERNATE I (FAR) (FEB 2000)

(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:

https://www.sam.gov/

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

4704 and 10 U.S.C. 2402).

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

___ (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).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31

U.S.C. 6101 note).

___ (5) [Reserved]

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

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

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

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

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

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

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

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

___ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

(E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

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

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

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

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

3332).

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

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

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

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and

10 U.S.C. 2631).

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

___ (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.]

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

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

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

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

Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

206 and 41 U.S.C. chapter 67).

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

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

Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

(d)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.