SP4702-21-Q-0053.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0090026115

2. CONTRACT NO.

7. FOR SOLICITATION

3. AWARD/EFFECTIVE

DATE

a. NAME

4. ORDER NUMBER 5. SOLICITATION NUMBER

SP4702-21-Q-0053

b. TELEPHONE NUMBER (No Collect calls)

6. SOLICITATION ISSUE

DATE

2021 SEP 07

8. OFFER DUE DATE/

LOCAL TIME

2021 SEP 16

INFORMATION CALL: Mitchell Hatfield PMCM48H Phone: 614-692-9443

06:30 AM

9. ISSUED BY CODE SP4702 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DCSO COLUMBUS

PO BOX 3990

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

COLUMBUS OH 43218-3990

USA SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 541613

SIZE STANDARD: $16,500,000.00

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

15. DELIVER TO

12. DISCOUNT TERMS

CODE

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

16. ADMINISTERED BY

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

SEE SCHEDULE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

ARE NOT ATTACHED

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

SECTION A - SOLICITATION/CONTRACT FORM:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is SP4702-21-Q-0053, the solicitation is issued as a Request For Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07.

(iv) This solicitation is made with full and competition, the associated NAICS code is 541613, and the small business size standard is 16.5M.

(v) A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable) can be found in Section B, found below.

(vi) A description of requirements for the items to be acquired may be found in the Performance Work Statement, found below.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point may be found below in Section B.

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and an addenda to the provision is attached.

(ix) The provision at 52.212-2, Evaluation-Commercial Items, is not used. Instead please see Section L and Section M at the end of this document.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items, with their offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and an addendum to the clause is attached.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition.

(xiii) Offers are due 16SEP2021 at 06:30 AM EST.

(xiv) Please contact Mitchell Hatfield at mitchell.hatfield@dla.mil for information regarding the solicitation.

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Continuation Sheet SP4702-21-Q-0053 Page 3 of 55

SECTION A - SOLICITATION/CONTRACT FORM

1. FOB Destination is required

2. Offers in response to this Request for Quotes (RFQ) are required to be received by September 16, 2021 at 06:30 AM Eastern Standard Time.

DESCRIPTION OF PRODUCTS AND SERVICES

Service: HR Advisory Services

PERIOD OF PERFORMANCE

Base Year September 30, 2021 to September 29, 2022 Option Year 1 September 30, 2022 to September 29, QUOTE PREPARATION COSTS

The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any technical quote or price quote in response to this RFQ.

SUBMISSION OF QUESTIONS

Should the vendor have any questions with regards to the RFQ, they should submit them, via e-mail, to Mitchell Hatfield at mitchell.hatfield@dla.mil. All questions must be received by 3:00 PM EST September 13, 2021.

VENDOR PROPOSAL INSTRUCTIONS AND REQUIREMENTS

VENDOR INSTRUCTIONS

1. Period for Acceptance of Offers: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

2. Offeror Submittal Requirements: In order to be further considered for award, offeror shall submit the following as part of their quote:

Signed 1449 Completed clause fill-ins Completed pricing Documents and CLINS Acknowledgement of any solicitation amendments Requirements included in the PWS Option year CLINs must be quoted to be considered for award.

Information required by Section L.

If applicable, include GSA Contract number with relevant information to contract.

Continuation Sheet SP4702-21-Q-0053 Page 4 of 55

Continuation Sheet SP4702-21-Q-0053 Page 4 of 55 mailto:mitchell.hatfield@dla.mil

3. The Government will issue a single purchase order resulting from this RFQ to the responsible vendor whose quote conforms to the RFQ will be most advantageous to the Government, price and other factors considered.

Therefore, it is important that your initial quote submittal is on the most favorable terms and complies with all instructions contained in this request. The Government reserves the right not to issue an award as a result of this RFQ if such an award is determined to be contrary to the best interests of the Government.

4. Exceptions to any terms and conditions of the RFQ may make the quote unacceptable.

DELIVERY:

SL4793

DLA HR Human Capital Program Development 8725 John J. Kingman Road Suite 3630 Ft. Belvoir, VA 22060-6200 Attn: Chaletta McCoy

DLA PROGRAMMATIC POC

Ms. Chaletta McCoy Staff Director DLA Human Resources Human Capital Program Development (J12) Direct: 571-767-5393

1. ANTITERRORISM TRAINING BY CONTRACTOR (a) In accordance with DOD Instruction 2000.16 and DLA Instruction 6308, Level 1 Antiterrorism (AT Training must be completed on an annual basis by all employees of the contractor performing under this requirement and may be accomplished by one or two means:

1. Under the instruction of a qualified Level 1 AT Awareness Instructor

2. Competition of a DoD-sponsored certified computer or web-based distance learning instruction for Level 1 AT

Awareness, which can be found at http://jko.jten.mil/courses/atl1/launch.html for non_CAC holders and https://jkodirect.jten.mil/Altas2/faces/page/login/Login.seams for CAC holders.

DLA CONTRACTUAL POC

Mr. Mitchell Hatfield Contract Specialist DLA Contracting Services Office (DCSO) mitchell.hatfield@dla.mil 614-692-9443

Mr. Scott Wesseler Contracting Officer DLA Contracting Services Office (DCSO) scott.wesseler@dla.mil 614-692-4871

Continuation Sheet SP4702-21-Q-0053 Page 5 of 55

Continuation Sheet SP4702-21-Q-0053 Page 5 of 55

(b) Specifically, only those employees whose contract performance requires them to have routine access to federally-controlled facility and/or routine access to a federally-controlled information system must take the training. Also note that the contractor shall coordinate with the Contracting Officer for those employees that require access only intermittently or for a period of less than six months, to determine if the training is required.

(c) Upon initial hire the contractor will contact the onsite DLA Antiterrorism Officer (ATO) to schedule the initial training.

(d) The Certificates are valid for one year; therefore, training shall be completed every year for the duration of the contract.

(e) The contractor shall maintain copies of all training certificates for the duration of the contract and may be required to supply copies of the training certificates to the Contracting Officer no more than biannually for submission to the ATO.

2. REAL ID ACT Current Status of States/Territories The Department of Homeland Security (DHS) announced on December 20, 2013 a phased enforcement plan for the REAL ID Act (the Act), as passed by Congress, that will implement the Act in a measured, fair, and responsible way. Enforcement If a state or territory does not receive a new extension Federal agencies may not accept licenses and identification cards issued by these states and territories beginning October 1, 2021.

3. C05 CHANGES TO KEY PERSONNEL (Oct 2016) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for Evaluation. The contractor shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history.

New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the contractor whether the requested change is acceptable to the Government.

WORKFLOW (WAWF)

If you need instruction on how to submit an invoice to the Government in WAWF, follow the below instructions. It is not necessary to log into WAWF to access the training. Unit

1. Click on the Help/Training folder located on the top right-hand corner WAWF home page.

https://wawf.eb.mil/xhtml/unauth/home/login.xhtml#

2. Go to Training

3. Click on Web based Training

4. Click on iRAPT

5. Go to Roles and click on vendor

6. Click Vendor creating documents in iRAPT

7. Under Document, scroll down through the documents list and selected the document you wish to learn about. In this case the document you should select is the 2 in 1 (Services Only). You find both a video and step by step instructions on how to complete any the form and be able to submit your invoice into

WAWF.

Continuation Sheet SP4702-21-Q-0053 Page 6 of 55

Continuation Sheet SP4702-21-Q-0053 Page 6 of 55

After reviewing this information and you are still having problems, you can call the Defense Finance and Accounting Services (DFAS) Help Desk at 1-800-756-4571 Prompt 2. Their hours of operation are between 7:30 AM to 4:30 PM; Monday to Friday Eastern Standard Time.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP4702

Admin DoDAAC SP4702

Inspect By DoDAAC NA

Ship To Code SL4793

Ship From Code NA

Mark For Code NA

Service Approver (DoDAAC)

NA

Service Acceptor (DoDAAC) SL4793

Accept at Other DoDAAC NA

LPO DoDAAC NA

DCAA Auditor DoDAAC NA

Other DoDAAC(s) NA

Continuation Sheet SP4702-21-Q-0053 Page 7 of 55

Continuation Sheet SP4702-21-Q-0053 Page 7 of 55

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP4702-21-Q-0053

PAGE 7 OF 36 PAGES

SECTION B

SUPPLIES/SERVICES: R499-V00007588

ITEM DESCRIPTION:

Base Year - Labor hours for HR Advisory Services in accordance with the Performance Work Statement. This is a Not To Exceed CLIN.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 R499-V00007588 400.000 Hours $ $ Other Professional Services

PRICING TERMS: Firm Fixed Price - Not To Exceed (NTE)

PERIOD OF PERFORMANCE: 09/30/2021 - 09/29/2022

DLA/HQ J1-DLA HUMAN RESOURCE SVC

8725 JOHN J. KINGMAN RD,

J-1SUITE 3516

FORT BELVOIR VA 22060

US

SL4793

SUPPLIES/SERVICES: R499-V00007588

ITEM DESCRIPTION:

Base Year - Non-Labor Hour HR Advisory Services in accordance with the Performance Work Statement.

ITEM NO. SUPPLIES/SERVICES QUANTITY

UNIT UNIT PRICE AMOUNT .

0002 R499-V00007588 1.000 EA $ $

Other Professional Services

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: 09/30/2021 - 09/29/2022

SUPPLIES/SERVICES: R499-V00007588

ITEM DESCRIPTION:

Option Year 01 - Labor hours for HR Advisory Services in accordance with the Performance Work Statement. This is a

Not To Exceed CLIN. Services as needed as directed by the Contracting Officer.

CONTINUED ON NEXT PAGE

Continuation Sheet SP4702-21-Q-0053 Page 8 of 55

Continuation Sheet SP4702-21-Q-0053 Page 8 of 55

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP4702-21-Q-0053

PAGE 8 OF 36 PAGES

SECTION B

SUPPLY/SERVICE: R499-V00007588 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

1001 R499-V00007588 400.000 Hours $ $ Other Professional Services

PRICING TERMS: Firm Fixed Price - Not To Exceed (NTE)

This line item is an option in accordance with the terms and conditions of the solicitation/award.

PERIOD OF PERFORMANCE: 09/30/2022 - 09/29/2023

SUPPLIES/SERVICES: R499-V00007588

ITEM DESCRIPTION:

Option Year 01 - Non-Labor Hour HR Advisory Services in accordance with the Performance Work

Statement. Services as needed as directed by the Contracting Officer.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 R499-V00007588 1.000 EA $ $

Other Professional Services

PRICING TERMS: Firm Fixed Price

This line item is an option in accordance with the terms and conditions of the solicitation/award.

PERIOD OF PERFORMANCE: 09/30/2022 - 09/29/2023

SUPPLIES/SERVICES: R499-V00007588

CONTINUED ON NEXT PAGE

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Continuation Sheet SP4702-21-Q-0053 Page 9 of 55

PERFORMANCE WORK STATEMENT

Defense Logistics Agency (DLA) DLA Human Resources (HR) Human Capital Program Development (J12)

HR Advisory Services

1. Background

In support of the DLA mission, DLA Human Resources (J1) helps build and sustain an exceptional civilian workforce with the capabilities to accomplish DLA’s present and future mission requirements.

The mission of the DLA Human Resources (HR) Human Capital Program Development (J12) office is to develop and further human capital strategies and initiatives spanning a wide variety of areas such as strategic workforce planning, talent management, leadership development and organizational culture and to support achievement of DLA Strategic Goals and Objectives as well as the DLA People and Culture Plan (DLA’s Human Capital Strategy).

In the DLA Strategic Plan 2021-2026, J1 is the Office of Primary Responsibility (OPR) for Line of Effort (LOE) 5 Future of Work and the Critical Capabilities A1 (CC-A1) People and A2 (CC-A2) Culture. The J1 leadership determined that J12 would be the J1 lead for LOE 5 Future of Work and CCA People and Culture which aligns with the J12 mission. These are critical strategic human capital areas of focus for DLA in the next five years.

2. Purpose

The purpose is to gain access to HR advisory services that will be used primarily by the J12 Staff Director and the J12 staff members to develop, implement, and manage LOE 5 Future of Work and CC-A1 and A2 People and Culture and other DLA human capital programs/ initiatives and metrics in the most effective and cost-efficient manner; respond to new DLA human capital initiatives, regulations, and policies; and enhance current human resources practices to meet DLA’s mission and human capital strategic goals. This requirement is only for advisory purposes. The vendor shall not have any decision-making authority in Government policy and actions.

3. Description of Requirements

HR Advisory Services: A resource that provides:

• Access to advisors to assist the J12 Staff Director with DLA Human Capital strategies and initiatives such as strategic workforce planning, talent management, organizational culture, leadership development through various insights, tools and tailored guidance

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Continuation Sheet SP4702-21-Q-0053 Page 10 of 55

• Provide strategic and objective advice on talent risks and trends, addressing emerging human capital challenges such as future of work, digitalization

• Access to comprehensive research, best practices, reports, and analytics to address human capital trends, talent related questions, evolving HR technology and applications

• Access to research webinars, online learning, tools, templates, diagnostics, networking with other HR managers

4. Point of Contact

COR

Chaletta McCoy DLA Human Resources Human Capital Program Development Office (J12) 571-767-5393: chaletta.mccoy@dla.mil

5. Period of Performance:

Base Year: September 30, 2021 to September 29, 2022 Option Year 1: September 30, 2022 to September 29, 2023

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Continuation Sheet SP4702-21-Q-0053 Page 11 of 55 mailto:chaletta.mccoy@dla.mil

SECTION I CONTRACT CLAUSES

[X] CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (FAR 52.252-2)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/ .

FAR 52.204-10 Reporting executive compensation and First-Tier subcontract Awards (JUN 2020)

FAR 52.204-13, System for Award Management Maintenance (OCT 2018)

FAR 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Suspension (JUN 2020)

52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity

Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov/https://www.acquisition.gov. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments --

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by -- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for -- (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a

Continuation Sheet SP4702-21-Q-0053 Page 12 of 55

Continuation Sheet SP4702-21-Q-0053 Page 12 of 55 part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111- 212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR

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 30 days.

FAR 52.211-15, Defense Priority and Allocation Requirements (APR 2008)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in he item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the

Continuation Sheet SP4702-21-Q-0053 Page 13 of 55

Continuation Sheet SP4702-21-Q-0053 Page 13 of 55 clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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Continuation Sheet SP4702-21-Q-0053 Page 14 of 55

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, Continuation Sheet SP4702-21-Q-0053 Page 15 of 55

Continuation Sheet SP4702-21-Q-0053 Page 15 of 55 which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if -

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

Continuation Sheet SP4702-21-Q-0053 Page 16 of 55

Continuation Sheet SP4702-21-Q-0053 Page 16 of 55

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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Continuation Sheet SP4702-21-Q-0053 Page 17 of 55

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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Continuation Sheet SP4702-21-Q-0053 Page 18 of 55

FAR 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUL 2021)

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

__ (5) [Reserved].

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

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

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Continuation Sheet SP4702-21-Q-0053 Page 19 of 55

_x (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) ( 31 U.S.C. 6101 note).

_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 (Mar 2020) ( 15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

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

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)

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

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (17)

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

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

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

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jun 2020) of 52.219-9

__ (18)

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

(ii) Alternate I (Mar 2020) of 52.219-13.

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

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Continuation Sheet SP4702-21-Q-0053 Page 20 of 55

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

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

__ (22)

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

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

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

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

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

x_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) x_ (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31)

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

_X_ (35)

(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)

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

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

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Continuation Sheet SP4702-21-Q-0053 Page 21 of 55

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

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

__ (40)

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

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

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43)

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

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

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

_X_ (48) 52.225-1, Buy American-Supplies (Jan 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

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Continuation Sheet SP4702-21-Q-0053 Page 22 of 55

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (63)

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.