Amendment 0002 SF30 SP330020R5003.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

DLA Distribution Acquisition Operations (J7) 430 Mifflin Ave., Suite 3102A New Cumberland, PA 17070-5008 POC: Brian Keckler, 717-770-8418, brian.keckler@dla.mil

SP3300-20-R-5003

Amendment 0001

1. Amendment 0002 is hereby incorporated into Request for Proposal (RFP) SP3300-20-R-5003 and shall become a part of any resultant contract. Sections I and L have been updated.

2. The Questions and Answers round 2 document is attached.

3. Attachment J.1 Performance Work Statement has been updated and is attached. (11) holidays have been listed vice (10).

4. Attachment J.2 DDAG DOL Wage Determination has been updated to the last version (Rev 14 dtd 23Dec2019) and is attached.

5. Attachment J.3 CLIN X005 Labor Rate Table has been updated and is attached.

6. 52.222-17 Nondisplacement of Qualified Workers has been removed from Section I.

7. The following clauses have been added to Section I:

a. 52.229-11 Tax on Certain Foreign Procurements - Notice and Representation (JUN

2020)

b. 52.229-12 Tax on Certain Foreign Procurements (JUN 2020)

8. The deadline offer is hereby adjusted to 1:00P.M. Eastern Standard Time on 26 June 2020.

9. 52.219-28 Post-Award Small Business Program Representation has been updated from MAR 2020 to MAY 2020.

10. Section L-4 PROPOSAL PREPARATION REQUIREMENT; CLIN X005 - SPECIAL PROJECTS/SURGE & SUSTAINMENT instructions have been updated.

11. All other terms and conditions remain the same.

SECTION I - CONTRACT CLAUSES

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to Firm-Fixed Price CLINs X001 and 0007:

FAR CLAUSE TITLE DATE

I-1 52.228-5 Insurance -- Work on a Government Installation JAN 1997 I-2 52.229-3 Federal, State and Local Taxes FEB 2013 I-3 52.232-1 Payments APR 1984 I-4 52.232-8 Discounts for Prompt Payment FEB 2002

DFARS CLAUSE TITLE DATE

I-5 252.243-7001 Pricing of Contract Modifications DEC 1991

Clause(s) Applicable to Cost-Reimbursement CLINs X002, X003, and X004:

FAR CLAUSE TITLE DATE

I-6 I-7 I-8

52.216-11 52.228-7 52.242-4

Cost Contract – No Fee Insurance -- Liability to Third Persons Certification of Final Indirect Cost Rate

APR 1984

MAR 1996

JAN 1997

APR 1984

Clause(s) Applicable to Cost-Plus-Fixed-Fee CLINs X005:

FAR CLAUSE TITLE DATE

I-9 I-10 I-11

52.216-8 52.232-20 52.249-14

Fixed Fee Limitation of Cost Excusable Delays

JUN 2011

APR 1984

APR 1984

Clause(s) Applicable to all CLINs:

FAR CLAUSE TITLE DATE

I- 12 52.202-1 Definitions NOV 2013 I- 13 52.203-3 Gratuities APR 1984 I- 14 52.203-5 Covenant Against Contingent Fees MAY 2014 I- 15 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 I- 16 52.203-7 Anti-Kickback Procedures MAY 2014 I- 17 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity MAY 2014 I- 18 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 I- 19 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 I- 20 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 I- 21 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 I- 22 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 I- 23 52.204-2 Security Requirements AUG 1996 I- 24 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 I- 25 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 I- 26 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 I- 27 52.204-13 System for Award Management Maintenance OCT 2018 I- 28 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 I- 29 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities JUL 2018 I- 30 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2019 I- 31 52.208-4 Vehicle Lease Payments APR 1984 I- 32 52.208-5 Condition of Leased Vehicles APR 1984 I- 33 52.208-6 Marking of Leased Vehicles APR 1984 I- 34 52.208-7 Tagging of Leased Vehicles MAY 1986 I- 35 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015 I- 36 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 I- 37 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 I- 38 52.210-1 Market Research APR 2011 I- 39 52.211-5 Material Requirements AUG 2000 I- 40 52.215-2 Audit and Records -- Negotiation OCT 2010 I- 41 52.215-8 Order of Precedence -- Uniform Contract Format OCT 1997 I- 42 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 I- 43 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data --Modifications AUG 2011 I- 44 52.215-12 Subcontractor Certified Cost or Pricing Data (Deviation 2018-O0015) MAY 2018 I- 45 52.215-13 Subcontractor Certified Cost or Pricing Data -- Modifications (Deviation 2018-O0015) MAY 2018 I- 46 52.215-14 Integrity of Unit Prices OCT 2010 I- 47 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 I- 48 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 I- 49 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions JUL 2005 I- 50 52.215-19 Notification of Ownership Changes OCT 1997

I- 51 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications OCT 2010 I- 52 52.215-23 Limitations on Pass-Through Charges OCT 2009 I- 53 52.216-7 Allowable Cost and Payment AUG 2018 I- 54 52.216-24 Limitation of Government Liability APR 1984 I- 55 52.219-8 Utilization of Small Business Concerns OCT 2018 I- 56 52.219-14 Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 I- 57 52.222-1 Notice to the Government of Labor Disputes FEB 1997 I- 58 52.222-2 Payment of Overtime Premiums JUL 1990 I- 59 52.222-3 Convict Labor JUN 2003 I- 60 52.222-4 Contract Work Hours and Safety Standards -- Overtime Compensation MAY 2018 I- 61 I- 62 52.222-21 Prohibition Of Segregated Facilities APR 2015 I- 63 52.222-26 Equal Opportunity SEP 2016 I- 64 52.222-37 Employment Reports on Veterans FEB 2016 I- 65 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 I- 66 52.222-41 Service Contract Labor Standards AUG 2018 I- 67 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) AUG 2018 I- 68 52.222-50 Combating Trafficking in Persons JAN 2019 I- 69 52.222-54 Employment Eligibility Verification OCT 2015 I- 70 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 I- 71 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 I- 72 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 I- 73 52.223-6 Drug-Free Workplace MAY 2001 I- 74 52.223-10 Waste Reduction Program MAY 2011 I- 75 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons JUN 2016 I- 76 52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products OCT 2015 I- 77 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts AUG 2018 I- 78 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 I- 79 52.223-19 Compliance With Environmental Management Systems MAY 2011 I- 80 52.224-1 Privacy Act Notification APR 1984 I- 81 52.224-2 Privacy Act APR 1984 I- 82 52.225-13 Restriction on Certain Foreign Purchases JUN 2008 I- 83 52.227-1 Authorization and Consent DEC 2007 I- 84 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 I- 85 52.227-3 Patent Indemnity APR 1984 I- 86 52.228-8 Liability and Insurance – Leased Motor Vehicles MAY 2019 I- 87 52.228-9 Cargo Insurance MAY 1999 I- 88 52.232-9 Limitation on Withholding of Payments APR 1984 I- 89 52.232-11 Extras APR 1984 I- 90 52.232-17 Interest MAY 2014 I- 91 52.232-18 Availability of Funds APR 1984 I- 92 52.232-23 Assignment of Claims MAY 2014 I- 93 Alternate I APR 1984 I- 94 52.232-25 Prompt Payment JAN 2017 I- 95 Alternate I FEB 2002 I- 96 52.232-33 Payment by Electronic Funds Transfer -- System for Award Management OCT 2018 I- 97 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 I- 98 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 I- 99 52.233-1 Disputes MAY 2014 I- 100 Alternate I DEC 1991

I- 101 52.233-3 Protest After Award AUG 1996 I- 102 Alternate I JUN 1985 I- 103 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 I- 104 52.237-2 Protection Of Government Buildings, Equipment, and Vegetation APR 1984 I- 105 52.237-3 Continuity Of Services JAN 1991 I- 106 52.239-1 Privacy or Security Safeguards AUG 1996 I- 107 52.242-1 Notice of Intent to Disallow Cost APR 1984 I- 108 52.242-3 Penalties for Unallowable Costs MAY 2014 I- 109 52.242-13 Bankruptcy JUL 1995 I- 110 52.243-1 Changes -- Fixed Price AUG 1987 I- 111 Alternate I APR 1984 I- 112 52.243-2 Changes – Cost Reimbursement AUG 1987 I- 113 Alternate II APR 1984 I- 114 52.244-2 Subcontracts Alernative I JUN 2007 I- 115 52.244-5 Competition In Subcontracting DEC 1996 I- 116 52.244-6 Subcontracts for Commercial Items AUG 2019 I- 117 52.246-25 Limitation Of Liability -- Services FEB 1997 I- 118 52.247-14 Contractor Responsibility for Receipt of Shipment APR 1984 I- 119 52.247-15 Contractor Responsibility for Loading and Unloading APR 1984 I- 120 52.247-63 Preference For U.S.-Flag Air Carriers JUN 2003 I- 121 52.248-1 Value Engineering OCT 2010 I- 122 52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 I- 123 52.249-6 Termination (Cost-Reimbursement) MAY 2004 I- 124 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 I- 125 52.251-1 Government Supply Sources APR 2012 I- 126 52.253-1 Computer Generated Forms JAN 1991

52.229-11 Tax on Certain Foreign Procurements - Notice and Representation JUN 2020 52.229-12 Tax on Certain Foreign Procurements JUN 2020

CLAUSE(S) INCORPORATED BY FULL TEXT

Clause(s) Applicable to CLINs X002, X003, and X004:

I-175 FAR 52.216-7 Allowable Cost and Payment (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

DFARS CLAUSE TITLE DATE

I- 127 252.201-7000 Contracting Officer's Representative DEC 1991 I- 128 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 I- 129 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies DEC 2008 I- 130 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 I- 131 252.203-7003 Agency Office of the Inspector General AUG 2019 I- 132 252.203-7004 Display of Hotline Posters AUG 2019 I- 133 252.204-7000 Disclosure of Information OCT 2016 I- 134 252.204-7002 Payment for Subline Items Not Separately Priced DEC 1991 I- 135 252.204-7003 Control Of Government Personnel Work Product APR 1992 I- 136 252.204-7004 Level I Antiterrorism Awareness Training for Contractors FEB 2019 I- 137 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016 I- 138 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 I- 139 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 I- 140 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DEC 2019 I- 141 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 I- 142 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism MAY 2019 I- 143 252.211-7003 Item Unique Identification and Valuation MAR 2016 I- 144 252.215-7002 Cost Estimating System Requirements DEC 2012 I- 145 252.217-7027 Contract Definitization DEC 2012 I- 146 252.219-7010 Notification of Competition Limited to Eligible 8(a) Concerns Partnership Agreement OCT 2019 I- 147 252.219-7011 Notification To Delay Performance JUN 1998 I- 148 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 I- 149 252.223-7001 Hazard Warning Labels DEC 1991 I- 150 252.223-7002 Safety Precautions for Ammunition and Explosives MAY 1994 I- 151 252.223-7003 Change in Place of Performance - Ammunition and Explosives DEC 1991 I- 152 252.223-7004 Drug-Free Work Force SEP 1988 I- 153 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials-Basic SEP 2014 I- 154 252.225-7004 Report of Intended Performance Outside the United States and Canada—Submission after Award MAY 2019 I- 155 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 I- 156 252.225-7048 Export-Controlled Items JUN 2013 I- 157 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns APR 2019 I- 158 252.227-7013 Rights in Technical Data -- Noncommercial Items FEB 2014 I- 159 252.227-7016 Rights in Bid or Proposal Information JAN 2011 I- 160 252.227-7030 Technical Data --Withholding of Payment MAR 2000 I- 161 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 I- 162 252.231-7000 Supplemental Cost Principles DEC 1991 I- 163 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 I- 164 252.232-7010 Levies on Contract Payments DEC 2006 I- 165 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013 I- 166 252.237-7023 Continuation of Essential Contractor Service OCT 2010 I- 167 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 I- 168 252.242-7005 Contractor Business Systems FEB 2012 I- 169 252.242-7006 Accounting System Administration FEB 2012 I- 170 252.243-7002 Requests for Equitable Adjustment DEC 2012 I- 171 252.244-7000 Subcontracts for Commercial Items JUN 2013 I- 172 252.244-7001 Contractor Purchasing System Administration - Basic MAY 2014 I- 173 252.247-7023 Transportation of Supplies by Sea - Basic FEB 2019 I- 174 252.251-7000 Ordering From Government Supply Sources AUG 2012

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term “costs” includes only—

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made–

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor’s payment request to the

Government;

(B) Materials issued from the Contractor’s inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the

Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor’s practice is to make contributions to the retirement fund quarterly or more frequently;

and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor’s indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor’s expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)

(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years.

Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor’s actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor’s proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type;

amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure

Statement or contractors where the description of the accounting system has not changed from the previous year’s submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year’s submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the

Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as:

contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)

(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party’s request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor’s invoices or vouchers and statements of cost audited. Any payment may be-

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor’s compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government.

Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier;

and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor’s indemnification of the Government against patent liability.

(End of clause)

I-176 FAR 52.219-17 Section 8(a) Award (Oct 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section8(a) of the Small Business Act, as amended (15 U.S.C.637(a)).

(2) Except for novation agreements, delegates to the ______ [insert name of contracting activity] the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the ___________ [insert name of contracting agency] Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(End of clause)

I-177 FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (Mar 2020)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The ____________ [insert name of SBA's contractor] will notify the ____________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

(End of clause)

I-178 FAR 52.222-2 Payment for Overtime Premiums (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium does not exceed *______________ or the overtime premium is paid for work-

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either “zero” or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

(End of clause)

Clause(s) Applicable to All CLINs

I-179 FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause-- “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

I-180 FAR 52.216-19 -- Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $7,000,000.00;

(2) Any order for a combination of items in excess of; $24,829,221.69 or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I-181 FAR 52.216-22 -- Indefinite Quantity (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year following the period of performance completion date for Performance Year 5.

(End of Clause)

I-182 FAR 52.217-8 -- Option to Extend Services (NOV 1999)

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

(End of Clause)

I-183 FAR 52.219-6 - Notice of Total Small Business Set-Aside (MAR 2020) (DEVIATION 2020-O0008)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract or an order at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract or an order exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (d)(1) through (2) of this clause do not apply to construction or service contracts.

(End of clause)

I-184 FAR 52.219-14 Limitations on Subcontracting (MAR 2020) (DEVIATION 2020-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

(7) Orders issued directly to small business concerns or 8(a) participants under multiple- award contracts as described in 19.504(c)(1)(ii).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.