SUBSISTENCE.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER . 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

15B2 l 620Q00000023 08/06/2020

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/ LOCAL

INFORMATION CALL: TI ME

Samantha Mazzone smazzone@bop.gov (0) 330-420-6460 (F) 330-420-6445 08/2 1/2020 14:00 ET

9. ISSUED BY CODE I 15B216 10. THE ACQUISITION IS • UNRESTRICTED OR [K] SET ASIDE: J 00. 00 %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS • WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCI Elkton • HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

8730 Scroggs Road BUSINESS • EDWOSB Lisbon, OH 44432 • SERVICE-DISABLED SIZE STANDARD: 500

VETERAN-OWNED • SMALL BUSINESS B(A) Employees 11 . DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

13a. THIS CONTRACT IS A

NET30 • RATED ORDER UNDER DPAS • SEE (15 CFR 700) 14. METHOD OF SOLICITATION

SCHEDULE [R] RFQ • IFB • RFP

15. DELIVER TO CODE 15B2 16 16. ADMINISTERED BY CODE I t5B2 16 FCI Elkton

(0) 330-420-6200 X 13 I 6 Federal Bureau of Prisons

Food Service Warehouse FCI Elkton

8730 Scroggs Road 8730 Scroggs Road Lisbon, OH 44432 Lisbon, OH 44432

17a. CONTRACTOR/ CODE ' I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE I 15B2 16

OFFEROR CODE

FCI Elkton

(0) 330-420-6200

Attn: Accounts Payable ELK/Business Office--@bop.gov

PO Box 129 Lisbon, OH 44432-0129

TELEPHONE NO. • 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICEtJADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

K;HECKED SEE ADDENDUM

I 19. 20. 21 . 22. 23. 24.

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

I ST Quarter Subsistence Requirements (FY 202 1)

Unless otherwise stated in the item description or other arrangements are approved by FCI Elkton Food Service staff, all awarded items are to deliver between October I, 2020 and October 16, 2020

See Continuation Sheet(s) ( Use Rewr.re undlor Auach Additional Shuts a.s Necessary)

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

LJ 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA LJ ARE ~ ARE NOT ATTACHED n 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA n ARE ARE NOT ATTACHED

~ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

• 29. AWARD OF CONTRACT: RE F. -===c-=c-c-=-c====c-=- OFFER

DATED---,,--,,,....~-=-.,.,-.· YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

ACCEPTED AS TO ITEMS:

31c. DATE SIGNED

Samantha Mazzone 08/06/2020

AUTHORIZED FOR LOCAL REPRODUCTION

P REV IOUS EDIT ION IS NOT U SABL E

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

J

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19. 20. 21 . 22. 23. 24.

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

REPRESENTATIVE 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 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

DcoMPLETE • PARTIAL • FINAL

I PARTIAL I I FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY TH IS 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/OO) 142d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

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Table of Contents

Description Page Number

Solicitation/Contract Form ..... .. .... .......... ..... ..... .. ............ ..... ..... ..... ......... ... ...... ...... ...... ... .......... ...... ................ .. I Commodity or Services Schedule Contract Clauses

52.212-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2020) - Alternate I (Feb 2000) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

52.21 2-1 Instructions to Offerors-Commercial Items (Mar 2020) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.212-2 Evaluation-Commercial Items (Oct 2014) 52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 See attached list. 1 LT $ $

NOTE: FROZEN ITEMS WILL NOT BE ACCEPTED IF "USE BY"

DATES HAVE PASSED/EXPIRED.

Notes:

Appointments are required with Food Service Warehouse staff for frozen food deliveries. Phone 330-420-6200 x 1316 to schedule.

Unless otherwise stated in the product description or unless an alternative del ivery schedule has been agreed to by FCI Elkton Food Service staff, all items are expected to deliver between October 1, 2020, and October 16, 2020.

Firm Fixed Price

PSC: 8945

1st Quarter Subsistence Requirements (FY 2021)

Unless otherwise stated in the item description or other arrangements are approved by FCI Elkton Food Service staff, all awarded items are to deliver between October 1, 2020 and October 16, 2020

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Commercial and Government Entity Code Reporting (Jul 2016)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES IN CORPORA TED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full

~ext. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed

~lectronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

Clauses By Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Survei llance Services or Equipment (Aug 20 19)

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

"Covered foreign country" means The People's Republi c of China.

"Covered telecommunications equipment or services" means--

(I) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation ( or any subsidiary or affi liate of such entities) ;

(2) For the purpose of public safety, security of Government facilit ies, physica l security surveillance of critical infrastructure, and othe r national security purposes, video survei llance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affi liate of such entities);

(3) Telecommunications or video surve illance services provided by such entities or using such equipment; or

(4) Telecommunications or video survei llance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director ofNational Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered fore ign country.

"Criti cal technology" means--

(I) Defense articles or defense services included on the Un ited States Munitions List set forth in the International Traffic in Arms Reg ulations under subchapter M of chapter I of title 22, Code of Federal Regulations ;

(2) Items included on the Commerce Control List set forth in Supplement No. I to part 774 of the Export Admin istration Regulations under subchapter C of chapter VII of tit le 15, Code of Federal Regulations, and controlled--

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(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title I 0, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part I 10 of title 10, Code of Federal Regulations (relating to export and imp ort of nuclear equipment and material) ;

(5) Select agents and toxins covered by part 33 I of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 20 I 8 (50 U.S .C.

4817).

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

(b) Prohibition. Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-23

2) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a co ntract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a subst antial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from prov iding to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substa ntial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Reg ulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

( I) A service that connects to the faci lities of a third-party, such as backhaul , roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(I) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential compo nent of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the infonnation; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Con tractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order o r, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph ( d)( I) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicabl e; supplier name; supplier unique entity identifier (if known) ; supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number) ; item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within IO business days of submitting the information in paragraph ( d)(2)(i) of this clause: any further avai lable information abou t mitigation actions undertaken or recommended. In addition, the Contractor sha ll describe the efforts it undertook to prevent use or su bmission of covered telecommunications equipment or services, and any additional efforts that wi ll be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

52.2 I 2-5 Alt I Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Mar 2020) - Alternate I (Feb 2000)

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

(I) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Divisio n 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 I 634 of Pub. L. 115-9 I).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3 , Protest After Award (Aug 1996) (3 1 U.S.C. 3553).

(5) 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 incor porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial it ems:

[Contracting Officer check as appropriate. ]

_(I) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U .S.C. 4 704 and

IO U.S.C. 2402).

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

_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 20 I 0) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.)

_ (4) 52 .204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6 101 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. 11 1-117, section 7 43 of Div. C) .

_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 20 I 5) (31 U.S .C. 610 I note) .

_ (9) 52.209- 9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 23 13).

_ (10) [Reserved] .

_ (l l)(i) 52.219-3 , Notice ofHUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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_ (ii) Alternate I (Nov 2011) of52.219-3 .

_ (l 2)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

_ (ii) Alternate I (Jan 2011) of52.219-4.

_ ( I 3) [Reserved]

_ ( 14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 201 1) ( 15 U.S.C. 644).

_ (ii) Alternate I (Nov 20 I I).

_ (ii i) Alternate II (Nov 2011 ).

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

_ (i i) Alternate I (Oct I 995) of 52.2 I 9-7.

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

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

_ ( 17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U .S.C. 63 7( d)( 4)) .

_ (ii) Alternate I (Nov 2016) of52.219-9.

_ (ii i) Alternate II (Nov 2016) of52.219-9.

_ (iv) Alternate III (Nov 20 16) of52.219-9 .

_ (v) Alternate IV (Aug 20 I 8) of 52.219-9.

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

_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(l4)) .

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

_ (2 1) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f) .

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

_ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

_ (24) 52.2 I 9-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 20 18) (E.O. I 3 126).

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

X (28)(i) 52.222-26, Equal Opportunity (Sept 20 I 6) (E.O. I 1246).

_ (ii) Alternate J (Feb 1999) of 52.222-26.

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

_ (ii) Alternate I (July 20 14) of52.222-35.

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

_ (i i) Alternate I (July 2014) of 52.222-36.

_ (3 1) 52.222-37, Employment Reports on Veterans (Feb 20 16) (38 U.S.C. 4212).

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X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 I 0) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_ (34) 52.222-54, Employment Eligibility Verification (Oct 20 15). (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.)

_ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U .S.C. 6962( c) (3)(A)(ii)). (Not applicable to the acquisition of commercially avai lable 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 avai lable off the-shelf items.)

_ (36) 52.223- 11 , Ozone-Depleting Substances and High Global Warming Potenti al Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_ (37) 52.223- 12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 1369 3).

_ (38)(i) 52.223- 13, Acquisition ofEPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 135 14).

_ (ii) Alternate I (Oct 2015) of52 .223-13 .

_ (39)(i) 52.223- 14, Acquisition ofEPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun 2014) of52.223-14.

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

_ (41 )(i) 52 .223- 16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

_ (44) 52.223-2 1, Foams (Jun 20 16) (E.O. 13693).

_ (45)(i) 52.224-3, Privacy Training (Jan 20 17) (5 U.S.C. 552a).

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

X (46) 52 .225-1 , Buy American--Supplies (May 20 14) (41 U.S.C. chapter 83).

_ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83 , 19 U.S.C. 330 1 n ote, 19 U.S.C. 2 11 2 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, I 09- 169, 109-283, 110-1 38, 11 2-4 1, 11 2-42, and 11 2-43 .

_ (ii) Alternate I (May 20 14) of52 .225-3 .

_ (iii) Alternate II (May 2014) of52.225-3.

_ (iv) Alternate Ill (May 2014) of 52.225-3 .

_ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 330 I note) .

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

_ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 20 I 6) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; IO U.S.C. 2302 Note) .

· _ (5 1) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

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

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

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 20 I 8) (31 U.S.C. 3332).

_ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)( 15 U.S .C. 637(d)( 12)).

_ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l (b) and IOU .S.C. 2631).

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

_ (ii i) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

_ (I) 52.222-17, Nondisplacement of Qualified Workers (May 20 14)(E.O. 13495).

_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (4 1 U.S.C. chapter 67).

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

_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multip le Year and Option Con tracts) (Aug 2018) (29 U.S.C. 206 and 4 1 U.S.C. chapter 67) .

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 20 14) (29 U.S.C. 206 and 4 1 U.S.C. chapter 67).

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

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_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requir ements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

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

(iii) 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 ).

(iv) 52.219-8, Uti lization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($ 1.5 million for construction of any public facili ty) , the subcontractor must include 52.2 19-8 in lower tier subcontracts that offer subcontracting oppor tunities.

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

(I) of FAR clause 52.222-17.

(vi) 52.222-21 , Prohibition of Segregated Facilities (Apr 20 15)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11 246).

(viii) 52 .222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) .

(ix) 52.222-36, Equal Opportunity for Workers with Disabi lities (Jul 2014) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 20 10) (E.O. 13496). Flow down requir ed in accordance with paragraph (t) of FAR clause 52.222-40.

(xii) 52.222-41 , Service Contract Labor Standards (Aug 20 I 8) ( 41 U.S.C. chapter 67) .

(xii i) _(A) 52.222-50, Combating Trafficking in Persons (Mar 20 15) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 20 14) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 20 14) (4 1 U.S .C. chapter 67).

(xvi) 52.222-54, Employment Eligibili ty Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) .

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 20 17) (E.O. 13706).

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

(B) Alternate I (Jan 2017) of52 .224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 20 14) (42 U.S.C. 1792). Flow down required in accordance with paragraph ( e) of FAR clause 52.226-6.

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

263 1). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B21620Q00000023 Page 14 of 31

Section 5 - Solicitation Provisions

52.212-1 Instructions to Offerors-Commercial Items (Mar 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small bu siness size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(I) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

( 4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita tion. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and ce rtifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(I 0) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or s imilar items and other references (including contract numbers, points of contact with telephone numbers and other relevant informati on); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, an d provisions included in the solicitation. Offers that fai l to furnish required representations or infonnation, or reject the terms and cond itions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified f or receipt of offers, unless another time period is specified in an addendum to the so licitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receip t of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and retu med at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers . Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternat ive commercial items for satisfying the requirements of this solicitation. Each offer submitted wi ll be evaluated separately.

(t) Late submissions, modifications, revisions, and withdrawals of offers.

(I) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government offi ce designated in the solicitation by the time specified in the solicitation. Ifno time is specified in the so licitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

15B21620Q00000023 Page 15 of 31

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation aft er the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contr acting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and w as under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be c onsidered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time ofreceipt at the Government installation includes the time/date stamp of that installatio n on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Gov ernment personnel.

( 4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Gover nment office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements pr eclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers wi ll be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government proc esses resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in respo nse to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimil e received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning f acsimile offers . An offer may be withdrawn in person by an offerer or its authorized representative if, before the exact time set for re ceipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to In vitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerers . Therefore, the offerer's initial offer should contain the offerer's best terms from a price and technical sta ndpoint. However, the Government reserves the right to conduct discuss ions if later determined by the Contracting Officer to be nece ssary . The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received .

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offerer qualifies the offer by sp ecific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, u nless the offerer specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

( I )(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part IO 1-29, and copies of spec ifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978 .

(ii) lfthe General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a si ngle copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by su bmitting a request to the addressee in paragraph (i)(l)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https :/lassist.dla.millonlinelstartl) .

(ii) Quick Search (http ://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com) .

15B21620Q00000023 Page 16 of 31

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https:/lassist.dla.millwizardlindex.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2 179, Mon-Fri , 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667 /2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or ma intenance.

(i) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contrac tor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offer or's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity i dentifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for est ablishing the unique entity identifier.

(k) [Reserved].

(I) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the fo llowing information, if applicable:

(1) The agency's evaluation of the signifi cant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past perfonnance informatio n on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

A.2 ADDENDUM TO FAR 52.212-1, Commercial and Government Entity Code Reporting (Jul 2016)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Full Text

15B21620Q00000023 Page 17 of 31

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 20 19)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it "does not provide covered tel ecommunications equipment or services as a part of its offered products or services to the Government in the performance of any cont ract, subcontract, or other contractual instrument" in the provision at 52 .204-26, Covered Telecommunications Equipment or Services -Representation, or in paragraph (v) of the provision at 52.2 12-3 , Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the mea nings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition . Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 20 19 (Pub. L. 115-23

2) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a co ntract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a subst antia l or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from provid ing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https :l/www.sam.

gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that it _ will,_ will not provide covered telecommunications equipment or services to th e Government in the perfonnance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will" provide covered telecommunications eq uipment or services", the Offeror shall provide the following information as part of the offer--

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and C ommercial and Government Entity (CAGE) code, if known); and

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

(End of provision)

52.204-16 Commercial and Government Entity Code Reporting (Jul 20 16)

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

"Commercial and Government Entity (CAGE) code" means--

( I) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Comm ercial and Government Entity (CAGE) Branch to identify a commercia l or government entity; or

15B21620Q00000023 Page 18 of 31

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NA TO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file . This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. Th e CAGE code entered must be for that name and address. Enter "CAGE" before the number. The CAGE code is required prior to aw ard.

(c) CAGE codes may be obtained via--

( 1) Regi stration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its o utlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch wi ll as sign a CAGE code as a part of the SAM registration process . SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provis ion) .

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement , and the offeror does not otherwise register in SAM, an offeror iocated in the United States or its outlying areas may request that a C AGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NC AGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSP A at https:/leportal. nspa.nato. int/A Cl 35Public/scage/Cagelist.aspx if the fore ign entity's country is not a member of NATO or a sponsored nation . Points of contact for codification bureaus, as well as additional in formation on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/ J 35/main/links/contacts.htm.

(d) Additional guidance for establi shing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

52.214-22 Evaluation of Bids for Multiple Awards (Mar 1990)

In addi tion to other factors , bids will be evaluated on the basis of advantages and disadvantages to the Government that might resul t fr om making more than one award (multiple awards) . It is assumed, for the purpose of evaluating bids, that $500 would be the administr ative cost to the Government for issuing and administering each contract awarded under this solicitation, and individual awards wi ll be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrat ive costs.

(End of provision)

[END OF ADDENDUM TO FAR 52.212-1]

52.212-2 Evaluation-Commercial Items (Oct 2014)

(a) The Government wi ll award a contract resu lting from this solicitation to the responsible offeror whose offer conforming to the s olicitation will be most advantageous to the Government, price and other factors considered. The fo llowing factors shall be used to evaluate offers:

Price Past Performance

FAR 52.214-22

15B21620Q00000023 Page 19 of 31

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the G overnment requirement; (ii) price; (iii) past performance (see FAR 15.304); ?and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are Approximately equal to cost or price

[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, w hen compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for th e basic requirement. The Government may determine that an offer is unacceptable if the option prices are sign ificantly unbalanced. E valuation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offerer within the time for ace eptance specified in the offer, shall result in a binding contract wi thout further action by either party. Before the offer's specified expi ration time, the Government may accept an offer ( or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.2 12-3 Offerer Representations and Certifications-Commercial Items (Mar 2020)

The Offerer shall complete only paragraph (b) of this provision if the Offerer has completed the annual representations and certificatio n electronically in the System for Award Management (SAM) accessed through https:llwww.sam.gov. If the Offerer has not completed the annual representations and certifications electronically, the Offerer shall complete only paragraphs (c) through (v)) of this provisi on.

(a) Definitions. As used in this provision--

"Covered telecommunications equipment or services"…