W52P1J-19-R-0139.pdf

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Next Generation Transponder Federal contract opportunity
Solicitation number
W52P1J-19-R-0139
Issued by
Department of the Army Materiel Command Joint Munitions Command

About this file

This is a solicitation for a Next Generation Transponder (NGT). The Army Contracting Command-Rock Island has a requirement for NGTs that are both satellite and cellular enabled to support logistics tracking, locating, and health monitoring of commodities and assets for government users. The NGT requirements include commercial communications hardware, training, technical engineering services, and warranty. The maximum value of the contract is $45.6 million over four years. Proposals are due by January 20, 2020. Product Lead Automated Movement and Identification Solutions is the program manager for the NGT requirements.

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SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB)

Negotiated (RFP)

7. Issued By Code 8. Address Offer To (If Other Than Item 7)

NOTE: In sealed bid solicitations ‘offer’ and ‘offeror’ mean ‘bid’ and ‘bidder’.

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

Caution - Late Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses

B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

AWARD (To be completed by Government)

19. Accepted As To Items Numbered 20. Amount 21. Accounting And Appropriation

22. Authority For Using Other Than Full And Open Competition: 23. Submit Invoices To Address Shown In Item

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W52P1J-19-R-0139 X

DOA6

SEE SCHEDULE

W52P1J

ARMY CONTRACTING COMMAND - RI

ROCK ISLAND, IL 61299-8000

BLDGS 60 & 62

LUKE WELLING

(309)782-3121

CCRI-TB

LUKE.M.WELLING.CIV@MAIL.MIL

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X 4 X 7

X 8 X 9

X 10

X 12

X 13

X 24

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X 40

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: LUKE WELLING

Buyer Office Symbol/Telephone Number: CCRI-TB/(309)782-3121

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

SOLICITATION W52P1J-19-R-0139

Next Generation Transponder (NGT)

This Executive Summary provides a synopsis of important and relevant features of this solicitation. If conflict exists between this summary and the provisions of the solicitation, the provisions of the solicitation govern.

1. Requirement. Army Contracting Command-Rock Island (ACC-RI) has a requirement for NGT, both satellite and cellular enabled, to support ___________ the logistic tracking, locating, and health monitoring of commodities and assets for Government users. The NGT requirements include commercial cellular / satellite communications hardware, training, Technical Engineering Services (TES), and warranty to provide a common, integrated structure for logistics tracking, locating, and monitoring of assets. For the purposes of this Contract, NGT components are those commercially available items necessary for the tracking of tagged commodities and assets, data collection, data processing, and data storage and retrieval. Product Lead Automated Movement and Identification Solutions (PL AMIS) is the program manager and requiring agency for the NGT requirements.

2. Submission Closing Date and Time: ________________________________

Closing Date: 20 JAN 2020

Closing Time: 1300 Hours CT (Central Time)

3. Competition. Solicitation is a full and open competition and any qualified vendor, regardless of size or status, may submit a ___________ proposal.

4. North American Industry Classification System (NAICS). The NAICS code for this acquisition is 334111 and the small business size ____________________________________________________ ______ standard for this acquisition is 1,250 employees. _______________

5. Contract Type. The Government plans to award one Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract with _____________ a two year base period, with two one-year option periods. Ordering under the resulting NGT contract will be decentralized. All Federal _____________

Contracting Officers will be delegated procurement authority to place Orders against the NGT FFP IDIQ contract. All Contracting Officers seeking to place orders against the contract shall agree to comply with the terms and conditions of the base contract.

6. Contract Value. The Government anticipates making award in the second quarter of Government Fiscal Year (FY) 2020. The maximum value ______________ for the entire procurement is $45,611,528.00. The guaranteed minimum dollar value of this contract is $25,000.00. There is no guarantee ______________ __________ that the Government will order the maximum value under this procurement. An award under this solicitation in no way obligates the

Government to place additional orders beyond the guaranteed minimum amount.

7. Contract Line Item Number (CLIN)/Sub-Contract Line Item Number (SLIN). Section B, Supplies or Services and Prices/Costs and the _____________________________________________________________________

"Price Model" (Sect. J, Attachment 0002, Price Model) outline the CLIN/SLIN Structure for this solicitation.

8. An Offeror's proposal shall provide a state-of-the-art, common, integrated structure for logistic identification, tracking, locating, monitoring of commodities and assets, technical engineering services, and other items necessary to meet the NGT requirements. The

Performance Work Statement is found in Sect. J, Attachment 0001, "PWS Next Generation Transponder (NGT)". Performance of this contract is in the Continental United States (CONUS) and Outside the Continental United States (OCONUS). If additional contract clauses are required for OCONUS performance, the clauses shall be added at the Order level.

9. Trade Agreements Act (TAA). This procurement is subject to the TAA. For the purpose of the applicability of the Trade Agreements _________________________

Act, end products in this procurement are at the level of the CLIN/SLIN. In addition, note that, due to a change in regulation, U.S.

made end products are no longer subject to application of a 50% penalty.

10. Instructions. Offerors are encouraged to carefully read Section L (reference Section J, Attachment 0003, "Section L Instructions to ____________

Offerors") to ensure that any proposal submitted in response to this solicitation includes all technical, management, past performance, price information, and other documentation required by the solicitation. Failure to provide the required documentation may result in an

Offeror's proposal being determined non-responsive and not considered for award.

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PIIN/SIIN MOD/AMD

11. Notice of Organization Conflict of Interest. Offerors are advised that contract employees may serve as non-government advisors in ___________________________________________ the source selection process. Information and instruction to Offeror(s) on the required disclosure agreement is provided in Section L

(reference Section J, Attachment 0003, "Section L Instructions to Offerors").

12. Certified Cost or Pricing Data. The Government anticipates adequate price competition; therefore, certified cost data is not ______________________________ required with an Offeror's proposal. The Government does reserve the right to request certified cost data in the event adequate price competition does not exist.

13. Acquisition Source Selection Interactive Tool (ASSIST). The Government may use the automated application ASSIST to manage and _____________________________________________________ document the evaluation of this solicitation. If ASSIST is utilized, instructions will be provider to Offerors on how to obtain access to ASSIT prior to the issuance of any evaluation notice.

14. Evaluation. The Government will evaluate a maximum of one proposal from each Offeror. The evaluation of proposals and subsequent __________ award selection will be in accordance with Section M (reference Sect. J, Attachment 0004, "Section M Evaluation Factors for Award").

15. Solicitation Questions. Reference Section J, Attachment 0003, Section L Instructions to Offerors" (paragraph L.2.1.5.4). ______________________

16 Announcements. Posting of all information regarding this solicitation, including amendments (if issued) will be on the Federal _____________

Business Opportunities website at "https://beta.sam.gov/ " under solicitation W52P1J-19-R-0139.

17. Government Point of Contacts (POCs). Offerors shall NOT discuss this solicitation with any Government employee except the Procuring ___________________________________

Contracting Officer (PCO), Ms. Julie Lawrence, or Contract Specialist, Mr. Luke Welling. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of any award resulting from this competitive acquisition. POC contact information is as follows:

Procuring Contracting Officer (PCO) - Julie L. Lawrence; e-mail: Julie.l.lawrence.civ@mail.mil

Contract Specialist - Luke M. Welling; e-mail: Luke.M.Welling.civ@mail.mil

*** END OF NARRATIVE A0001 ***

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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

CONTRACT LINE ITEM NUMBER (CLIN) SUMMARY IS AS FOLLOWS:______________________________________________________

(NOTE: Solicitation Price Model is found at Section J, Attachment 0002, "Price Model")

BASE PERIOD (Contract Years 1 and 2)____________________________________

0001 Cell Enabled Transponder (one way transmit only)

0002 Satellite Enabled Transponder (one way transmit only)

0003 Hybrid (Cell and Satellite) Enabled Transponder

0004 Additional Data Plans for Cellular Transponder

0005 Additional Data Plans for Satellite Transponder

0006 Additional Data Plans for Cellular/Satellite (Hybrid) Transponder

0007 Battery

0008 Expedited Delivery

0009 Technical Engineering Services

0010 Incidental Material

0011 Travel

0012 Contract Manpower Reporting (CMR) - Not Separately Priced (NSP)

ORDERING PERIOD - 1 (Contract Year 3)_____________________________________

1001 Cell Enabled Transponder (one way transmit only)

1002 Satellite Enabled Transponder (one way transmit only)

1003 Hybrid (Cell and Satellite) Enabled Transponder

1004 Additional Data Plans for Cellular Transponder

1005 Additional Data Plans for Satellite Transponder

1006 Additional Data Plans for Cellular/Satellite (Hybrid) Transponder

1007 Battery

1008 Expedited Delivery

1009 Technical Engineering Services

1010 Incidental Material

1011 Travel

1012 Contract Manpower Reporting (CMR) - Not Separately Priced (NSP)

ORDERING PERIOD - 2 (Contract Year 4)_____________________________________

2001 Cell Enabled Transponder (one way transmit only)

2002 Satellite Enabled Transponder (one way transmit only)

2003 Hybrid (Cell and Satellite) Enabled Transponder

2004 Additional Data Plans for Cellular Transponder

2005 Additional Data Plans for Satellite Transponder

2006 Additional Data Plans for Cellular/Satellite (Hybrid) Transponder

2007 Battery

2008 Expedited Delivery

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2009 Technical Engineering Services

2010 Incidental Material

2011 Travel

2012 Contract Manpower Reporting (CMR) - Not Separately Priced (NSP)

*** END OF NARRATIVE B0001 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

0001 CLIN - PLACE HOLDER ___________________

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Next Generation Transponder(NGT) Performance Work Statement (PWS) is found in Section J, Attachment 0001, "PWS NGT".

*** END OF NARRATIVE C0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

Addendum to FAR 52.212-4, Contract Terms and Conditions Commercial Items_________________________________________________________________________

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.

CLAUSE TITLE______ _____

52.246-15 CERTIFICATE OF CONFORMANCE (APR/1984)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR/1984)

INSPECTION/ACCEPTANCE_____________________

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

The ordering contracting officer may waive the requirement for inspection and acceptance at origin.

For delivery orders against this contract that contain only supplies, representatives of the Defense Contract Management Agency (DCMA) shall perform inspection and acceptance of the supplies at Origin. The DCMA Contract Administration Services (CAS) directory can be found at http://www.dcma.mil . The CAS directory also identifies the DFAS payment office that is associated with the DCMA.

For all other orders against this contract, the using activity representative, as stated on each Delivery Order, Task Order, or____________________

Government-wide commercial purchase card Task/Delivery Order, shall perform inspection and acceptance of all the items contained on the order.

*** END OF NARRATIVE E0001 ***

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SECTION F - DELIVERIES OR PERFORMANCE

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

F-1 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989

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SECTION G - CONTRACT ADMINISTRATION DATA

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

G-1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018

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

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this

Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Combo Invoice/Receiving Report______________________________

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2-in-1______________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

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WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Determined at Delivery/Task Order

Issue By DoDAAC Determined at Delivery/Task Order

Admin DoDAAC Determined at Delivery/Task Order

Inspect By DoDAAC Determined at Delivery/Task Order

Ship To Code Determined at Delivery/Task Order

Ship From Code Determined at Delivery/Task Order

Mark For Code Determined at Delivery/Task Order

Service Approver (DoDAAC) Determined at Delivery/Task Order

Service Acceptor (DoDAAC) Determined at Delivery/Task Order

Accept at Other DoDAAC Determined at Delivery/Task Order

LPO DoDAAC Determined at Delivery/Task Order

DCAA Auditor DoDAAC Determined at Delivery/Task Order

Other DoDAAC(s) Determined at Delivery/Task Order

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

**To be designated at award of each Delivery/Task Order_______________________________________________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. ____________

(End of clause)

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H-1: GOVERNMENT CONTRACTORS USE OF CONTRACT ______________________________________

1. If it is in the Government's best interest, and if supplies or services required in the performance of a Government contract are available under this contract, a Government Ordering Contracting Officer may authorize a Government Contractor to order from the contract under the authority and procedures set out in FAR Part 51, including placing limitations on the orders (51.102(e)(4)).

2. Title to all property acquired by a Government Contractor under such an authorization shall vest in the Government, unless otherwise specified in the Government Contractor's contract. Such property shall not be considered to be "Government-Furnished Property" (GFP), as distinguished from "Government Property." The provisions of the clause entitled "52.245-1 Government Property" shall apply to all property acquired under such authorization. Authorized ordering Government Contractors may use their standard commercial ordering formats to place orders under this contract, and the orders shall reference the Contract Number.

3. An Ordering Guide will be posted on Product Lead Automated Movement and Identification Solutions (PL AMIS) webiste:

http://www.usarmyamis.army.mil/ .

*** END OF NARRATIVE H0001 ***

SECTION H-2: NOTICE OF ORGANIZATIONAL CONFLICT OF INTEREST AT THE TASK ORDER LEVEL

1. Due to the work performed under this Contract, the Contractor is required to submit signed non-disclosure forms for all personnel ___________________ working under this Contract (Contractor Awardee requirement).

2. Organizational Conflicts of Interest. Per FAR 9.5, organizational conflicts of interest may result when factors create an actual or ____________________________________ potential conflict of interest on a contract, or when the nature of the work to be performed on the contract creates an actual or potential conflict of interest on a future acquisition. In this procurement, the Army has particular concerns that any proposal received from an Offeror, which would have the potential to perform services on any implementation contract to which that Offeror is organizationally connected, is likely to result in an impermissible Impaired Objectivity, Unequal Access to Information or Biased Ground

Rules OCI (one or more), and thus be ineligible for award under FAR 9.5. Therefore, with respect to this Contract and subsequent Task

Orders, the contractor agrees that, in consideration of the award of this contract, the contractor; any subcontractor, consultant, or employee of the contractor; any joint venture involving the contractor; any entity with which it is or becomes affiliated by common ownership or with or into which it merges; or any successor or assignee of the contractor; shall not provide services as a prime, sub-

Contractor or consultant under any systems integrator contracts that are as a result of work performed for current or future Task Orders under this contract. The contractor shall include this requirement in subcontracts at all tiers. The contractor agrees that this restraint shall extend throughout this contract/task order period of performance. The contractor agrees and acknowledges that compliance with this restraint at all tiers is a material requirement of this contract IAW FAR 9.505-1.

3. The Contractor agrees that it will include the above provisions, including this paragraph, in agreements with teaming partners, consultants or subcontractors at any tier which involve access to information covered above. The use of this clause in such agreements shall be read by substituting the word "teaming partner," "consultant," or "subcontractor" for the word "Contractor" whenever the latter appears.

*** END OF NARRATIVE H0002 ***

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SECTION I - CONTRACT CLAUSES

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

I-1 52.202-1 DEFINITIONS NOV/2013

I-2 52.203-3 GRATUITIES APR/1984

I-3 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010

I-4 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

I-5 52.204-2 SECURITY REQUIREMENTS AUG/1996

I-6 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

I-7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

I-8 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

I-9 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

I-10 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS OCT/2018

I-11 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT/1997

I-12 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010

ACT

I-13 52.222-41 SERVICE CONTRACT LABOR STANDARDS AUG/2018

I-14 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN/2008

I-15 52.232-11 EXTRAS APR/1984

I-16 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018

I-17 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS MAY/1999

I-18 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

I-19 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

I-20 52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG/1996

I-21 52.242-13 BANKRUPTCY JUL/1995

I-22 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AUG/2019

I-23 52.245-1 GOVERNMENT PROPERTY JAN/2017

I-24 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC/1991

I-25 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

I-26 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

I-27 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG/2019

I-28 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016

I-29 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

I-30 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016

I-31 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

I-32 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

I-33 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE MAY/2019

GOVERNMENT OF A TERRORIST COUNTRY

I-34 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)--BASIC MAY/2019

I-35 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN/2013

I-36 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC DEC/2017

I-37 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC/2017

I-38 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2017

I-39 252.225-7021 TRADE AGREEMENTS--BASIC SEP/2019

I-40 252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE OCT/2015

THE UNITED STATES

I-41 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

I-42 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC APR/2019

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

I-43 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014

I-44 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014

SOFTWARE DOCUMENTATION

I-45 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014

I-46 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE SEP/2016

I-47 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016

I-48 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

I-49 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

I-50 252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS MAY/2013

I-51 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL JUN/2013

I-52 252.239-7000 PROTECTION AGAINST COMPROMISING EMANATIONS OCT/2019

I-53 252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION JAN/2008

I-54 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

I-55 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

I-56 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013

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

I-57 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES JUN/2013

I-58 252.246-7006 WARRANTY TRACKING OF SERIALIZED ITEMS MAR/2016

I-59 252.246-7008 SOURCES OF ELECTRONIC PARTS MAY/2018

I-60 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

I-61 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR OCT/2019

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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

_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].

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

_x_ (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.

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___ (13) [Reserved]

___ (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.

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

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

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

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

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

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

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

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

_x_ (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 (Oct 2019)(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)).

___ (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).

_x_ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Oct 2019) (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).

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_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

_x_ (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.

_x_ (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.

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

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

___ (48) 52.225-5, Trade Agreements (Oct 2019) (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).

___ (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)).

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_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).

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

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

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

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

2631).

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

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

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

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

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

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

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

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

Contracts) (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).

(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

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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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(vi) 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.

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

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

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

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

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

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

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

(xiv)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. 7104(g)).

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

(xv) 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).

(xvi) 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).

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

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

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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). 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

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necessary to satisfy its contractual obligations.

(End of Clause)

I-62 52.216-19 ORDER LIMITATIONS OCT/1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the

Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $5,000,000.00;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition

Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within -5- days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I-63 52.216-22 INDEFINITE QUANTITY OCT/1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the

Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract after 45 dyas for supplies and 12 months for TES after expiration of the contract term.

(End of Clause)

I-64 52.217-8 OPTION TO EXTEND SERVICES NOV/1999

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