W52P1J-19-Q-0003_24JAN19.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror To Complete Block 12, 17, 23, 24, & 30

1. Requisition Number Page Of

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

7. For Solicitation Information Call:

A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time

9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program

Hubzone Small Business EDWOSB

Service-Disabled Veteran-Owned Small Business NAICS:

Email: 8(A) Size Standard:

11. Delivery For FOB Destination Unless Block Is Marked

12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating

See Schedule 14. Method Of Solicitation RFQ IFB RFP

15. Deliver To Code 16. Administered By Code

Telephone No.

17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code

Telephone No.

17b. Check If Remittance Is Different And Put Such Address In Offer

18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum

19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

(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 Are Not Attached.

27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.

28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer 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.

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

Authorized For Local Reproduction Previous Edition Is Not Usable

Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212

W52P1J-19-Q-0003

ANGEL J. TRAMAN (309)782-8161

ANGEL.J.TRAMAN.CIV@MAIL.MIL

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

X

X 100

611430

X

X DOA6

X

SEE SCHEDULE

SEE SCHEDULE

X X

X 1

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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 36. Payment 37. Check Number Correct For Partial Final Complete 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

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

Buyer Name: ANGEL J. TRAMAN

Buyer Office Symbol/Telephone Number: CCRC-IGB/(309)782-8161

Type of Contract 1: Firm Fixed Price

Kind of Contract: Service Contracts

*** End of Narrative A0000 ***

1. REQUIREMENT. The U.S. Army Sustainment Command (ASC) has a requirement for Journey to Leadership (JTL) Program. The JTL Program is a dynamic, multi-tiered leadership development program, developed and administered by US Army Sustainment Command (ASC) G-3 Training.

The intent of this program is to train current and future leaders in a broad range of leadership concepts, to utilize/administer various leadership tools and techniques, and to enhance their leadership competencies and interpersonal skills. Benefits to program graduates are huge and include specific work skills/techniques, one-on-one interaction with senior leaders, and broad-spectrum networking opportunities for work-related issues, as well as a better understanding of various organizations missions.

2. SOLICITATION. The solicitation number for this requirement is W52P1J-19-Q-0003 and is hereby issued as a Request for Quote (RFQ) using FAR Part 13.5 - Acquisition of Simplified Procedures for Certain Commercial Items. The solicitation document and incorporated provisions are those in effect through class deviation 2018-O0013, as a 100% Women-Owned Small Business (WOSB) Set-aside.

3. CONTRACT TYPE. This requirement is being solicited as a five (5) year Indefinite Delivery Indefinite Quantity (IDIQ) contract and will result in a Firm Fixed Price Contract. This acquisition will be conducted using an Acceptable/Unacceptable rating for Technical

Experience and a comparative analysis per FAR 13.601-1 for the Leadership Development Approach and the Staffing Plan.

4. ORDERING PERIODS. The specific ordering periods, guaranteed minimum quantity are identified below. The guaranteed minimum is the only guaranteed order to be awarded under this solicitation, and specifically represents the minimum guaranteed quantity as defined in FAR and DFARs clauses contained in this solicitation document, either in full text or by reference.

The contract will include five ordering periods:

Ordering Period 1: 15 Jul 2019 - 14 Jul 2020

Ordering Period 2: 15 Jul 2020 - 14 Jul 2021

Ordering Period 3: 15 Jul 2021 - 14 Jul 2022

Ordering Period 4: 15 Jul 2022 - 14 Jul 2023

Ordering Period 5: 15 Jul 2023 - 14 Jul 2024

Maximum possible quantity in one ordering period is one session of each Tier.

5. The guaranteed minimum is one session of Tier One to be awarded simultaneously at the time the basic contract is awarded. The date for this session will be decided at time of award.

6. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE. The NAICS code is 611430, Professional and Management Development

Training. The Product Service Code (PSC) is U099, Other Education and Training Services.

7. SYSTEM FOR AWARD MANAGEMENT (SAM). All Offerors MUST be registered in the SAM database in accordance with FAR 52.204-7 and DFARS

252.204-7004. Lack of registration in SAM will make an Offeror ineligible for award. The SAM website can be accessed at www.sam.gov .

8. COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE. Offerors are requested to enter their CAGE Code on their quotes in the block with their name and address. The CAGE Code entered must match the name and address provided.

9. SOLICITATION INFORMATION.

The evaluation criterion is as follows:

(1) Technical Experience (Written) - Must be technically acceptable in this area prior to moving on to Oral Presentations

(2) Leadership Development Approach (Oral Presentations)

(3) Staffing Plan (Oral Presentations)

Attachment 0002 - Instruction to Offerors provides specific instructions regarding preparation and submittal of quotes.

Evaluation of the quotes shall be IAW the criteria stated in Basis of Award - Attachment 0003.

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10. The written Technical Experience (Acceptable/Unacceptable) is to be submitted by 12:00pm CST on 7 February 2019. All questions for this portion must be submitted by 12:00pm CST on 31 January 2019.

11. The government is not obligated to provide responses to questions submitted by offerors, but will consider them and incorporate changes into the RFQ as deemed necessary.

12. Oral Presentations will be held for all offerors found to be technically acceptable under the Technical Experience criteria as outlined in Attachment 0003 - Basis of Award. Offerors will be notified within five days of its Technical Experience submittal. Oral

Presentations are anticipated to be held the week of March 11 through March 15, 2019.

13. If the Technical Experience rating is found to be acceptable the following dates apply:

a. Pricing quotes are to be submitted electronically by 12:00pm CST on 28 February 2019 utilizing Attachment 0004 Pricing Matrix

b. PowerPoint Slides to be utilized for the Oral Presentation are to be submitted electronically by 12:00pm CST on 28 February

2019.

14. Offerors should note the provisions at FAR 13.106-2, "Evaluation of Quotations or Offers". (b)(3) - If using price and other factors, ensure that quotations or offers can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Contracting offices may conduct comparative evaluations of offers.

15. This requirement shall be performed IAW the Performance Work Statement dated January 2019 (Attachment 0001).

16. Certified Cost or Pricing Data is not required to be submitted with an Offerors quote. However, if an Offerors proposed price cannot be determined fair and reasonable, the U.S. Government reserves the right to request Other than Certified Cost or Pricing Data.

17. The Offeror's quote shall be valid for 120 days after the closing date.

18. In the event of a discrepancy between any statements in Narrative A and another section of the RFQ exists, the other sections take precedence.

19. GOVERNMENT REPRESENTATIVES. This RFQ should not be discussed with any individual representing the U.S. Government, in any capacity, except the Contracting Officer, Ms. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil, and the Contract Specialist, Ms. Angel Traman at angel.j.traman.civ@mail.mil.

20. Questions in regards to this solicitation shall be submitted electronically to Ms. Angel Traman at angel.j.traman.civ@mail.mil and

Ms. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil no later than 31 January 2019 for questions regarding Technical Experience and 20

February 2019 for questions regarding Oral Presentations.

21. Quotes shall be submitted electronically to Ms. Angel Traman at angel.j.traman.civ@mail.mil and Ms. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil. Please place the RFQ number W52P1J-19-Q-0003 in the subject line of the email. All parts of the quote must be received in its entirety to be considered for award. All quotes received after the time and date listed below will be considered late and may not be considered for award.

***Notice to potential offerors:

In order to align with current requirements of DoD Federal Acquisition Regulation Supplement (DFARS) 201.304 and Army Federal

Acquisition Regulation Supplement (AFARS) 5101.304, there has been a change to the format of ACC-RI Solicitations/RFQs (and resultant contracts).

This notice is to inform you of that format change and to advise you to review the entire RFQ thoroughly.

*** END OF NARRATIVE A0001 ***

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SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. Please complete Attachment 0004 - Pricing Matrix to submit pricing against this RFP. Please note, the pricing matrix represents all

CLINs and Ordering Periods, and should be completed in full to be considered for award.

*** END OF NARRATIVE B0001 ***

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

1001 TIER I - ORDERING PERIOD 1 __________________________

1002 TIER II - ORDERING PERIOD 1 ___________________________

1003 TIER III - ORDERING PERIOD 1 ____________________________

1004 CONTRACTOR MANPOWER REPORTING 1 LO $ ** NSP ** _____________________________ __________________

SERVICE REQUESTED: CMR

CLIN CONTRACT TYPE:

Firm Fixed Price

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract Installation Access Control System via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ , and then click on Department of the Army CMRA or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs shall be for the labor executed during the period of performance during each

Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable

Service/Components CMR website.

(End of narrative A001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 30-SEP-2019

2001 TIER I - ORDERING PERIOD 2 __________________________

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

2002 TIER II - ORDERING PERIOD 2 ___________________________

2003 TIER II - ORDERING PERIOD 2 ___________________________

3001 TIER I - ORDERING PERIOD 3 __________________________

3002 TIER II - ORDERING PERIOD 3 ___________________________

3003 TIER III - ORDERING PERIOD 3 ____________________________

4001 TIER I - ORDERING PERIOD 4 __________________________

4002 TIER II - ORDERING PERIOD 4 ___________________________

4003 TIER III - ORDERING PERIOD 4 ____________________________

5001 TIER I - ORDERING PERIOD 5 __________________________

5002 TIER II - ORDERING PERIOD 5 ___________________________

5003 TIER III - ORDERING PERIOD 5 ____________________________

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DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

CONTRACTOR MANPOWER REPORTING

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Munitions Transportation Management System support services via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:<"http://www.ecmra.mil/">, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs

October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Components CMR website"

ROCK ISLAND ARSENAL SECURITY, LAW ENFORCEMENT, FIRE PREVENTION, AND SAFETY REQUIREMENTS

Any contractor personnel entering Rock Island Arsenal (RIA) as the result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer for this order/contract.

Emergency Phone Number for Rock Island Arsenal. Dial 9-1-1 FOR POLICE, FIRE - AMBULANCE. State your name, location, nature of emergency and answer any questions the dispatcher may have. Stay on the line with the dispatcher until you are told you can hang up.

If calling from a cell phone, tell the dispatcher that you are calling from the Rock Island Arsenal.

1. OPERATIONS SECURITY (OPSEC) REVIEW:

a. All contractor/sub-contractor employees will insure an OPSEC review is conducted through coordination with the COR, by a (level

II) certified, Operations Security Officer by the originating command and/or organization prior to the release of any of the following products; (a reviewed product may be, but is not limited to), picture, map, blue print, memorandum, letter, article, academic paper, video, briefing, contract, news release, technical document, quote, plan, order, response to Privacy Act requests, or other visual or electronic media. The obligation for prior OPSEC review applies to releases occurring both during and after completion of the contract.

If the command/organization does not have a Level II certified OPSEC officer the review will be sent to the next higher headquarters.

b. The contractor/sub-contractor will be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control critical, sensitive and classified information that has been provided or generated under the contract.

2. SECURITY REQUIREMENTS:

a. Physical Security. The contractor shall be responsible for proper security and safeguarding of all property within designated work areas, to include all vehicles and storage areas. Loss or theft of property/equipment will be reported to RIA Police immediately upon discovery.

b. Installation Access. All personnel requesting access to Rock Island Arsenal will only enter through a manned and operational

Access Control Point and present a United States National or State issued identification that is capable of being scanned for valid entry. All contractor and contractor employees' vehicles, equipment, and packages are subject to inspection or examination (search) at entry/exit of the Arsenal. Security personnel/police will conduct the inspection deemed necessary to enforce security requirements.

The contractor shall comply with all installation and other applicable security regulations, requirements, and instructions.

c. Restricted Areas.

(1) Contractor personnel requiring access to a restricted area are required to obtain proper identification and authorization.

Access or escort with the owner/occupant of the restricted area shall be coordinated through the Contracting Officers Representative

(COR).

(2) Government Administrative Office Areas. Government personnel will be working in office areas during normal working hours.

Contractor employees shall cooperate with personnel in the immediate area where any service or maintenance work is being performed.

Work performed after normal duty hours shall be coordinated with the Contracting Officer or his designated representative.

d. Photographic Equipment Restrictions:

(1) There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes, but is not limited to, digital cameras, cell phones, and personal data assistants (PDAs) with cameras. Per U.S. Army Regulation 360-1, taking or producing ground or aerial photographs, sketches, or graphic representations of classified military equipment or installations

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designated as restricted areas is punishable by law (18 United States Code 795). Reproducing, publishing, or selling this type of material is also punishable by law unless the photograph, sketch, or graphic representation indicates it has been reviewed and cleared for release by proper authority (18 USC 797). Video, still photos, digital photos, sketches, and graphic representations are for official use only and are not authorized for public release. The contractor must get permission from the Physical Security Office, Bldg

225, to use any type of photographic device at the Access Control Points or in any Restricted Area.

(2) Upon completion of this contract, all critical and sensitive information (video, still photos, digital photos, sketches, graphic representations, etc.) that is no longer needed, must be destroyed (burned, shredded, etc.) to prevent the inadvertent disclosure and reconstruction of this material.

e. Electronic Access. The COR must coordinate, request, and issue electronic access keys for contractor personnel. Contractor personnel must report the loss of electronic keys immediately to the COR.

f. Key Control. The Director, Public Works key custodian, thru the COR, is responsible for issuing keys to the contractor. The contractor shall establish a key control system IAW AR 190-11, Physical Security of Arms Ammunition and Explosives, and AR 190-51, Security of Unclassified Army Property (Sensitive and Non-sensitive), to ensure that none of the keys issued to the contractor are lost, misplaced, or used by unauthorized persons. Government keys shall not be duplicated by the contractor.

(1) Replacement. The contractor shall be responsible for all costs incurred as a result of the contractor losing any key. The contractor shall reimburse the government for replacement of locks or keys required as a result of the contractor losing any key(s).

(2) Entrance to Locked Areas. The contractor shall not permit entrance to locked areas to any person (other than employees of the contractors engaged in the performance of work in those areas) without authorization by the COR.

(3) Lock Combinations. The contractor shall ensure that no lock combinations are made available to unauthorized persons.

g. Industrial Security:

(1) Contractor personnel requiring issuance of a government Common Access Card (CAC) and/or require access to any government

Automated Information System (AIS), must obtain a favorable National Agency Check with Inquiries (NACI) or equivalent personnel security investigation, initiated by the Garrison Security & Intelligence Division.

(2) Foreign Nationals must be escorted by a US Citizen at all times. This person must be a cleared government employee or a contractor employed on RIA.

(3) Access to the installation may be denied during increased readiness or Force Protection Conditions (FPCONs).

3. GENERAL SAFETY AND OCCUPATIONAL HEALTH GUIDANCE:

a. The Army has an overall goal of ensuring that contracted work is performed using procedures and risk controls that ensure workers, the public and the environment are not endangered.

b. Contractors must comply with applicable Federal, State, and local codes and standards, including Safety and Occupational Health

(SOH) requirements, as well as any additional specific requirements invoked by the contract. These requirements are listed in, but not limited to: (1) DoD Instruction 6055.1, "DoD Occupational Safety and Health Program," (2) Army Regulation 38510, "The Army Safety

Program," (3) Department of the Army Pamphlet 38510, "Army Safety Program," (4) Occupational Safety and Health Administration, General

Industry Standards, CFR 1910, (5) Occupational Safety and Health Administration, Construction Standards, CFR 1926, (6) U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 38511, (7) Local Installation Safety and Health Regulations.

c. Army contractors will be required to have a Safety and Occupational Health Program implemented that is tailored to meet the safety requirements of each contract and the associated tasks and products of that contract. This program will be documented in the contractors safety plan.

d. Contract activities will be conducted in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public.

e. Contractors are responsible for the safety and health of their employees and protection of the public at contractor plants and work sites.

4. AUTOMATED INFORMATION SYSTEMS (AIS) ACCESS:

a. The contractor will ensure that all automation systems are operated, used, maintained and disposed of IAW AR 380-5, AR 380-67, AR 25-1, DOD Directives 5200.1, 5200.1-R, 5200-40, and 5200-40M, and all other RIA and higher headquarters regulations.

b. Government Computer Access. The contractor will be responsible for the following items for personnel accessing government systems:

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- No contractor computer accessing a government system will be allowed to access a non-government system through any means.

- The contractor will support compliance with all Information Assurance Vulnerability Alerts (IAVA), Information Assurance Vulnerability

Bulletins, and Tech. Tips.

- The contractor will ensure that all computers and devices are accredited prior to connection to any government network.

- The contractor will report information assurance (computer) incidents immediately to their Information Assurance Support Officer.

- The contractor will ensure that only approved virus detection software is installed on computers.

- The contractor will scan all media utilizing approved virus detection software before it is introduced into computers.

- Contractors will ensure that individuals accessing government computer systems sign and comply with the Acceptable Use Policy (AUP) and complete initial and annual information assurance awareness training.

- The contractor will not process classified data on computers that are not accredited for classified processing.

- The contractor will not share personally assigned accounts, passwords, or PINs with anyone.

- The contractor will use Command Access Card (CAC) as the primary system access credential.

- The contractor will not allow anyone else to operate the computer while they are logged on.

- The contractor will not use unapproved accounts (such as Hotmail or Yahoo mail) for official army business. The use of a commercial

Internet Service Provider (ISP) or email accounts for official purposes is prohibited.

- The contractor will not install their personally owned software, Shareware, Freeware, Public Domain or software downloaded from the

INTERNET on a government system.

- The contractor will not be simultaneously connected to a local area network and an active dial-up modem.

- The contractor will not be allowed remote management capabilities in the defense perimeter of the RIA.

5. PARKING:

a. Parking is on a first-come, first served basis, provided the parking space is not posted with a reserved, visitor or handicapped parking sign. Parking is allowed in "marked" spaces only. At no time will a contractor park within 40 feet of an inhabited building.

Violators vehicle may be subject to ticket, or towed at contractor expense.

b. All valid spaces are clearly marked with white lines on both sides of the parking space. Vehicles parked in other than valid spaces are subject to being issued a parking ticket.

6. SMOKING POLICY: All contractor personnel must comply with local smoking policy. See COR for local policy.

7. GOVERNMENT INSPECTIONS AND INVESTIGATIONS: The government reserves the right to conduct announced or unannounced inspections and investigations at any time, pertaining to government information, equipment and/or facilities. This includes, but is not limited to, security, safety, fire prevention, and environmental inspections. The contractor shall cooperate with government officials in the conduct of all investigations.

8. REMOVAL OF CONTRACTOR OR GOVERMENT-FURNISHED PROPERTY: The following procedures are prescribed for the issuance of passes for removing contractor owned material and equipment which has been brought onto the Rock Island Arsenal by authorized contractors for use in accomplishing work under a contract, or government-furnished property which, under the terms of a contract, may properly be removed by the contractor.

a. It will be the responsibility of the contracting officer, or designated inspector, to determine that property being removed by a contractor is property of the contractor, or government-furnished property being removed under the terms of the applicable contract. In case government-furnished property is involved, it will be the responsibility of the individuals designated above to insure that all accounting papers prescribed by the contract or other regulations have been completed before the contractor is permitted to remove the property.

b. All contractor owned property will be labeled with the contractors name for quick identification.

9. EQUAL EMPLOYMENT OPPORTUNITY (EEO) SERVICES: EEO does not service contractors. However, if a government employee allegedly discriminates against a contractor employee, the RIA Garrison EEO office should be contacted.

CONTRACTOR PERFORMANCE INFORMATION

The successful contractor/bidder under this RFQ is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The Department of Defense (DoD) Contractors Performance

Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) Performance meets contractual requirements and exceeds many to the Governments benefit. The contractual performance of the element or sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good (Purple) Performance meets contractual requirements and exceeds some to the Governments benefit. The contractual

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performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory (Green) Performance meets contractual requirements. The contractual performance of the element or sub element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal (Yellow) Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractors proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory (Red) Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractors corrective actions appear or were ineffective.

The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-

90.

REQUIRED INSURANCE

Pursuant to paragraph (a) of FAR Clause 52.228-5, "Insurance Work on a Government Installation", or FAR Clause 52.228-7, "Insurance

Liability to Third Persons", the Contractor shall procure and maintain the following insurance during the entire period of performance under this contract:

TYPE AMOUNT____ ______

Workers Compensation As required by Law

Employers Liability Minimum liability limit $100,000

General Liability Minimum bodily injury limits, $500,000 per occurrence

Automobile Liability Minimum liability of $200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage

Aircraft Public and Passenger Coverage required when contract performance involves

Liability use of aircraft:

Minimum liability of $200,000 per person, $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage.

Passenger liability shall be at least $200,000 multiplied by the number of seats or number of passengers, whichever is greater.

Vessel Collision Liability Coverage required when contract performance involves use of vessels:

Minimum liability of $5,000,000 or the market value of the property being shipped by vessel, whichever is greater.

*** END OF NARRATIVE C0001 ***

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CONTRACT CLAUSES

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.203-3 GRATUITIES APR/1984

2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS OCT/2018

3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

5 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015

6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS OCT/2018

7 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT/1997

8 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

9 52.219-13 NOTICE OF SET-ASIDE OF ORDERS NOV/2011

10 52.222-3 CONVICT LABOR JUN/2003

11 52.222-26 EQUAL OPPORTUNITY SEP/2016

12 52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB/2016

13 52.222-50 COMBATING TRAFFICKING IN PERSONS MAR/2015

14 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION JAN/1997

15 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013

16 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

17 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

18 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR/2012

19 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

20 252.204-7006 BILLING INSTRUCTIONS OCT/2005

21 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016

22 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

23 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE OCT/2015

GOVERNMENT OF A TERRORIST COUNTRY

24 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC AND SEP/2014

HAZARDOUS MATERIALS--BASIC

25 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR OCT/2018

EXECUTIVE ORDERS--COMMERCIAL ITEMS

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 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:

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and

10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

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

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

743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

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

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

___ (10) [Reserved]

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

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

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

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011) of 52.219-6.

___ (iii) Alternate II (Nov 2011) of 52.219-6.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)

(15 U.S.C. 637(m)).

_x_ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec

2015) (15 U.S.C. 637(m)).

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

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___ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

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

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

_x_ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb

2016)(38 U.S.C. 4212).

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

_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).

_x_ (34) 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.)

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

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

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

13693).

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

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

___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

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

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

___ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

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

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

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

___ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

_x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

___ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631).

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

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

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

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

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

Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41

U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

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(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-

2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractors directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR

Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 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, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

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

FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (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 2010) (E.O. 13496).

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. 7104(g)).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

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

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

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended,…