W58RGZ-21-R-0100.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

W58RGZ-21-R-0100 2021APR14

CHRISTOPHER CLEMONS (256)313-1159

CHRISTOPHER.R.CLEMONS2.CIV@MAIL.MIL

2021JUN01 05:00pm

W58RGZ

ARMY CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL AL 35898-5280 X

X 100

336413

X DOA1

X

SEE SCHEDULE

SEE SCHEDULE

X X

X 1

1 43

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: CHRISTOPHER CLEMONS

Buyer Office Symbol/Telephone Number: NON-STANDARD/(256)313-1159

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

FMS REQUIREMENT

*** End of Narrative A0000 ***

***WARNING EXPORT CONTROL***

THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, U.S.C., SEC 2751 ET SEQ.) OR

EXECUTIVE ORDER 12470. VIOLATION OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES

THIS REQUIREMENT IS SET ASIDE FOR SMALL BUSINESS CONCERNS IAW FAR 6.203.

THIS REQUIREMENT IS IN SUPPORT OF THIRD PARTY LOGISTICS (3PL) ACQUISITION NECESSARY TO SOURCE, ACQUIRE, AND MANAGE DELIVERY OF

ITEMS/MANUFACTURER'S PART NUMBER(MPN) IDENTIFIED IN THIS CONTRACT (ATTACHMENT 0003). THIS CONTRACT WILL BE A TWO (2) YEAR BASE CONTRACT

WITH TWO (2), TWO (2) YEAR OPTION PERIODS, WITH ONE YEAR ORDERING PERIODS WITHIN EACH OPTION. MANUFACTURER'S PARTS NUMBERS SHALL BE RE-

COMPETED ON AN ANNUAL BASIS. THE BASE ORDERING PERIOD IS 24 MONTHS FROM CONTRACT AWARD, THE REMAINING ORDERING PERIODS WILL BE FOR 12

MONTHS FROM CONTRACT AWARD FOR A TOTAL OF 5 ORDERING PERIODS.

THE CONTRACTOR SHALL PERFORM AS DESCRIBED IN THE STATEMENT OF WORK (ATTACHMENT 0001).

MINIMUM GUARANTEE:

THE MINIMUM GUARANTEED ORDER FOR THIS CONTRACT IS $10,000.00 AND IS APPLICABLE FOR THE LIFE OF THE CONTRACT. THE MINIMUM GUARANTEE SHALL

BE ISSUED AFTER THE CONTRACTOR SUCCESSFULLY DEMONSTRATES THE ELECTRONIC DATA INTERCHANGE SYSTEM DESCRIBED IN THEIR PROPOSAL.

EACH OF THE FOLLOWING ITEMS WILL BE ADDRESSED WITHIN THE APPLICABLE DELIVERY ORDER (DO) IF WARRANTED

FIRST ARTICLE TEST

FLIGHT SAFTEY/CRITICAL SAFETY ITEM (CSI)

SERIAL NUMBER REPORTING REQUIREMENT

BAR CODE MARKING

FIT CHECK

DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION

Attachment 0002, Pricing Spreadsheet is to be populated and submitted in response to the requirements identified for Volume V, Price.

Attachment 0003 represents the potential parts catalog and will be revised at time of contract award to reflect the actual parts awarded to Offeror. The TEP will be calculated using the pricing information provided in Attachment 0002 based on the must price items identified in Attachment 0003.

PROPOSALS SHALL BE SUBMITTED IN ACCORDANCE WITH FAR PART 15.208 AND FAR CLAUSE 52.215-1 FACSIMILE SUBMISSIONS ARE NOT AUTHORIZED. ___

CONTRACTORS WILL SUBMIT OFFERS THROUGH THE DoD SAFE SITE https//safe.apps.mil/ OFFERORS WILL BE REQUIRED TO E-MAIL

"christopher.r.clemons2.civ@mail.mil" TO REQUEST A DROP OFF THROUGH THE DoD SAFE SITE.

COMPLETE THE FOLLOWING CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: ___________________________________________________

TELEPHONE NUMBER: _______________________________________

FAX NUMBER: ____________________________________________

E-MAIL ADDRESS: ________________________________________

PROPOSAL SUBMISSION IS SEPARATED INTO 5 VOLUMES:

I: SOLICITATION, OFFER AND AWARD DOCUMENTS, AND CERTIFICATIONS/ REPRESENTATIONS

II: ENTRY GATE CRITERIA

III: TECHNICAL/MANAGEMENT

IV: PAST PERFORMANCE

V: PRICING

VOLUME IV: PAST PERFORMANCE IS DUE 30 CALENDAR DAYS FROM RFP ISSUANCE.

VOLUMES I, II, III AND V: ARE DUE 45 CALENDAR DAYS FROM RFP ISSUANCE.

FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF EACH DELIVERY ORDER.

ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

DCMA ACO POINT OF CONTACT INFORMATION:

2 43

W58RGZ-21-R-0100 REPRINT

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

NAME: ______TBD_____________________

TELEPHONE NUMBER______________________________

E-MAIL ADDRESS_______________________________________________

*** END OF NARRATIVE A0001 ***

3 43

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

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 ELECTRONIC DATA INTERCHANGE 1 LO $ ___________________________ __________________

SERVICE REQUESTED: IAW SOW ATTACHMENT 0001

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: 9W0484826U PRON AMD: 01

FMS COUNTRY/CASE: FM/ADM

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 AS REQUIRED

0002 IAW ATTACHMENT 0003 CATALOG

0002AA BASE ORDERING PERIOD CATALOG 1 EA $ $ ____________________________ ______________ __________________

COMMODITY NAME: IAW ATTACHMENT 0003 CATALOG

CLIN CONTRACT TYPE:

Firm Fixed Price

The Base ordering period has a period of performance of 24 months. Parts may be added to the catalog and priced accordingly during this ordering period.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0730

4 43

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

FOB POINT: Destination

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

0003 CONTRACT DATA REQUIREMENTS LIST _______________________________

A001 TECHNICAL REPORT-STUDY /SERVICES 1 LO $ ** NSP ** ________________________________ __________________

SERVICE REQUESTED: IAW SOW PARA 3.2.1.3

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

A002 TEST/INSPECTION REPORT 1 LO $ ** NSP ** _______________________ __________________

SERVICE REQUESTED: IAW SOW PARA 3.3.5.1

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

A003 TEST PROCEDURE 1 LO $ ** NSP ** ______________ __________________

SERVICE REQUESTED: IAW SOW PARA 3.7.2.3.2

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

5 43

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

A004 TEST/INSPECTION REPORT 1 LO $ ** NSP ** ______________________ __________________

SERVICE REQUESTED: IAW SOW PARA 3.7.2.3.2

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

1002 IAW ATTACHMENT 0003 CATALOG

1002AA OPTION 1, ORDERING PERIOD 2, CATALOG 1 EA $ $ ____________________________________ ______________ __________________

COMMODITY NAME: IAW ATTACHMENT 0003 CATALOG

CLIN CONTRACT TYPE:

Firm Fixed Price

Option Period 1, Ordering Period 1 has a period of performance of 12 months.

Pricing and parts lists will be updated prior to the exercising of this option.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 1095

FOB POINT: Destination

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

6 43

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 IAW ATTACHEMNT 0003 CATALOG

2002AA OPTION 1, ORDERING PERIOD 3, CATALOG 1 EA $ $ _____________________________________ ______________ __________________

COMMODITY NAME: IAW ATTACHEMNT 0003 CATALOG

CLIN CONTRACT TYPE:

Firm Fixed Price

Option Period 1, Ordering Period 2 has a period of performance of 12 months.

Pricing and parts lists will be updated prior to exercising this option.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 1460

FOB POINT: Destination

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

3002 IAW ATTACHMENT 0003 CATALOG

3002AA OPTION 2 ORDERING PERIOD 4, CATALOG 1 EA $ $ ___________________________________ ______________ __________________

COMMODITY NAME: IAW ATTACHMENT 0003 CATALOG

CLIN CONTRACT TYPE:

Firm Fixed Price

7 43

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Option Period 2, Ordering Period 4 has a period of performance of 12 months.

Pricing and parts lists will be updated prior to the exercising of this option.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 1825

FOB POINT: Destination

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

4002 IAW ATTACHMENT 0003 CATALOG

4002AA OPTION 2, ORDERING PERIOD 5 CATALOG 1 EA $ $ ___________________________________ ______________ __________________

COMMODITY NAME: IAW ATTACHMENT 0003 CATALOG

CLIN CONTRACT TYPE:

Firm Fixed Price

Option Period 2, Ordering Period 5 has a period of performance of 12 months.

Pricing and parts lists will be updated prior to the exercising of this option.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

8 43

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 2190

FOB POINT: Destination

SHIP TO:

(Y00000) SHIPPING INSTRUCTIONS FOR CONSIGNEE

(SHIP-TO) WILL BE FURNISHED PRIOR

TO THE SCHEDULED DELIVERY DATE FOR

ITEMS REQUIRED UNDER THIS

REQUISITION.

9 43

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SPECIAL CONTRACT REQUIREMENTS

H-1 Scope

The objective of this Third Party Logistics (3PL) requirement is to procure and deliver materials consisting of parts, equipment, supplies and related incidental services to support weapon systems managed by Multi-Aviation Special Project Office (MASPO) or the

Program Executive Office Aviation (PEO AVN) in support of Foreign Military Sales (FMS) or other Security Cooperation Programs. Material procured under the 3PL will be accomplished using the manufacturer's name, Manufacturer's Part Number (MPN), description and commercial pricing. When available, Manufacturer's Commercial and Government Entity (CAGE) codes shall be used to aid in identifying materials.

Commercial best practices shall be utilized to ensure quality, engineering, safety, inventory management/ controls, material tracking and delivery confirmation to meet MASPO's requirements. The Contractor(s) shall provide an Electronic Data Interchange (EDI) for order management, tracking, and assuring on-time delivery.

The Contractor(s) shall maintain a flexible and cost effective means of sourcing, acquiring and managing the delivery of items, which is responsive to the fluctuating needs of MASPO customers. The objectives described are designed to:

A. Improve MASPO Customer support

B. Maintain or lower the total cost to the Government

C. Maintain clear Government visibility of the program

The 3PL Contractor(s) shall provide items to the Government within the scope of the contract. As the Government's source for the items, the Contractor(s) shall be responsible to the Government for the cost, quality and delivery of all items on order under its contract and

MPN catalog. The scope of the 3PL contracts include materials and related incidental services for MASPO support weapon systems. The requirements defined in Attachment 0003 include 159 MPNs. The Government reserves the right to add or remove MPNs during the life-cycle of this contract, based on procurement efficiency, dollar threshold, and demand.

The parts listed in this proposal are definitive for the base ordering period, which will be divided out by Offeror as a result of this evaluation. Additionally it should be noted that this is a sample representation of the type and quantity of items to be supported throughout the life of this contract. Specific supply parts catalogs will be set forth in individual delivery orders.

H-2 Procedures For Pricing Items on This Contract (Applicable after contract award)

A. Annual Pricing Actions: Indefinite Delivery/ Indefinite Quantity (IDIQ) contracts will be awarded based on the issuance, evaluation, and award of Request for Proposal (RFP) number W58RGZ-21-R-0100, which will establish each awardee's initial catalog. This catalog shall remain effective until the MPN re-competition between the awarded 3PL contractors is conducted. The annual re-pricing awards begin at the conclusion of the second year of the base award. The base award ordering period is for two years, options 1 and 2 will have annual ordering periods. Material will be awarded to each contract based on best value in accordance with FAR 16.504(c)(i).

The selected 3PL Contractors will remain under contract as long as satisfactory performance, as described within this contract, are met.

Annual re-pricing competitions between the Contractors shall be conducted on MPN material identified by MASPO commencing after the initial 2 year base ordering period. Material may be added or removed at the discretion of the Government. Requests for prices will be provided by the Procuring Contracting Officer (PCO) via email to the 3PL Contractors' points of contact. Responses to the requests shall be provided to the PCO via email. Award of material will be made based on a trade-off evaluation as defined in the RFP for annual re-pricing requirements. Award will not be made on an aggregate low price as an all or non-award.

The requirements of FAR Part 15.101 Best Value Continuum shall be used to solicit, evaluate and award material from this contract. The total evaluated price shall include all costs associated with providing the final item to the Government. The unit price of material will include the Contractor's costs, including material, management, packaging, storage, transportation and engineering as required. No additional cost for items will be paid by the Government during contract performance. The PCO will evaluate all prices submitted by each

3PL Contractor to determine if adequate price competition exists. Procedures as defined in FAR Part 14.408-6 will be utilized for the purpose of awarding material if equal low bids are received. The Government reserves the right to award materials for which adequate price competition does not exist if the proposed price may be determined fair and reasonable in accordance with FAR Part 15.404-2(b)(2).

Material will be awarded to the appropriate Contractor catalog for the follow-on annual ordering period. Once material is awarded to a

Contractor's catalog, it will not be re-competed during that ordering period. The Contractor's price will remain valid for the remainder of that ordering period and any requirement for that item will be ordered from that Contractor's catalog. Each ordering period, any required material will be competed between the 3PL Contractor's and awarded under the appropriate Contractor's catalog based on the best value to the Government.

B. Off-Cycle Action: The Government may identify additional material to be included in the 3PL MPN list that require action prior to conducting the Annual Re-pricing actions. These MPN materials will be solicited between the 3PL Contractors in a similar manner as the initial contract pricing.

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

Each 3PL Contractor must submit their proposed price, which includes a Firm-Fixed-Price (FFP) for each item, to the PCO within 45 calendar days, or as otherwise specified in the solicitation of the list for pricing action. Information regarding potential sources of supply, drawings and/or specs for requirement items may be available in the Government technical information system. After the evaluation of proposals, the PCO will issue contract modifications to incorporate items in the successful Contractor's catalogs. This fulfills Fair Opportunity requirements of FAR Part 16.505(b)(1). Prices remain valid for the remainder of the ordering period.

Orders will be based on customer-generated requirements. Therefore, items priced during off-cycle pricing actions may or may not result in delivery orders being issued. As funded requirements generate for each item, no additional competition will be conducted for those priced MPN items and unilateral delivery orders will be issued under the appropriate Contractor's contract. The Contractor is compensated only through the issuance of and successful completion of delivery orders.

C. Unrealistic Pricing: After initial comparison of each offeror's material prices, material with price diparitites greater than

25%, per item, when compared to other offeror's prices, shall be identified to each 3PL Contractor. Each offeror will be afforded an opportunity to critically review their proposal for mistakes and either revise its proposal or confirm its original proposal.

D. No Offer: The purpose of this 3PL effort is to provide a proposal for each MPN material identified on the pricing sheet for the initial solicitation and for the option competitive repricing.

For the solicitation phase, all Offerors shall be required to submit pricing for all required MPNs identified in the RFP. A No Offer on any of the required MPNs shall render the offer as Non-Responsive. Non-Responsive Offers shall not be considered for contract award. For the option re-pricing/ re-competition, the Government reserves the right to identify all required MPNs. All Contractors shall be required to submit pricing for any/all identified required MPNs. Failure to do so may result in an offeror not receiving a MPN catalog.

It is understood that there may be instances in which a 3PL Contractor may be unable to propose a price for an item as submitted per the pricing request. A No Offer shall be submitted to the PCO. The 3PL Offerors/Contractor(s) shall include sourcing strategy and substantiating documentation/ rationale for the No Offer. This information will be provided to the PCO for action. Extreme proposing of

No Offer actions may negatively impact the evaluation of the contract award and any subsequent award of Optional Ordering Periods.

H-3 Small Business Vendor Participation: The 3PL contracts are a result of small business set-asides, and material shall be obtained from small business sources when practicable. All 3PL Contractors shall procure from Government-approved small business subcontractors when possible.

A. Maximum Utilization: The Contract(s) is/are required to use Government approved small business suppliers to the greatest extent possible. When an MPN is available from both Government approved large business and Government approved small business, the

Contractor(s) shall procure the MPN from the Government approved small business first. If a Government approved small business supplier is unable to supply the MPN, the Contractor shall notify the PCO in writing via contract letter on company letterhead.

H-4 Performance Objectives: The performance objectives listed herein identify the performance threshold standards that will be reviewed and assessed prior to making a determination to award each Optional Ordering Period.

A. On-Time Delivery (OTD): Each Contractor shall be required to meet 90% OTD of material(s) ordered under the 3PL contract

B. Quality: Each Contractor shall be responsible for both the delivery of all items ordered and ensuring that all delivered items meet the required specifications. The performance threshold for quality is no more than 5% validated annual Supply Deficiency Report

(SDR) rate based on the total quantity of items delivered.

C. Electronic Data Interchange (EDI): As part of the competitive evaluation, Offeror's are required to provide a description of the system architecture, Government access and security information, data management practices and procedures to ensure accuracy of the data as well as a description of the data elements and search capability. The EDI system should be in accordance with paragraph 3.2 of the

SOW. In addition to the evaluation of the system during the competitive process, upon successful award, Contractor(s) shall provide its electronic means of exchanging data, EDI for approval to the Government within 30 calendar days after contract award. The Contractors

EDI shall provide the Government with the minimum required categories of information as required by paragraph 3.2 of the SOW. EDI discrepancies identified by the Government shall not exceed a cumulative error rate of 5% per year.

D. Pricing Actions: Each Contractor shall be required to be responsive to pricing actions as stated in paragraph 3.4 of the SOW.

Each Contractor shall be 100% compliant by submitting either a price or rationale as to why a price cannot be provided (ie obsolete/ unavailable commercially).

H-5 Determination of Optional Ordering Period Award

A. General: This is a FFP contract with optional ordering periods. The total period of performance for each contract including the basic and any optional ordering periods is six years. The period of performance for the base is 24 months and that of the Optional

Ordering Periods, if exercised, are as follows:

1. Performance Option I (24 months following the end of the Basic Ordering Period)

2. Performance Option II (24 months following the end of Performance Option I)

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

B. Performance: Each Contractor meeting or exceeding the performance objectives, as stated in Clause H-4, within the awarded base/option will be eligible for the follow-on option period(s) award.

C. Failure to Achieve Performance Objectives: Each Contractor'(s)' performance shall be formally evaluated on an annual basis. The

Government PCO will generate a report of discrepancies for the Contractor(s) that fail to meet the required Performance Objectives contained in H-4. The Contractor(s) will be notified of these discrepancies and will be required to provide a corrective action plan. If the Government identifies an issue with performance prior to the formal evaluation, the Contractor will be notified of these discrepancies and will be required to provide a corrective action plan. Failure to meet the Performance Objectives contained in H-4 may result in loss of eligibility to compete for optional ordering periods.

H-6 Post Award Representation

A. In accordance with FAR 52.219-28, Post Award Small Business Program Representation (Apr 2012), you are required to represent your size status in accordance with the size standard in effect at the time of this representation that corresponds to the North

American Industry Classification System (NAICS) code assigned to this contract upon the occurrence of any of the following:

1. Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

2. Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

3. For long-term contracts

a. Within 60 to 120 days prior to the end of the fifth year of the contract; and

b. Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter

B. Should your small business status change to a large business status, the Government reserves the right not to include your business in subsequent option period competitions regardless of satisfactory performance.

*** END OF NARRATIVE H0001 ***

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Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

CONTRACT CLAUSES

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

1 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

2 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020

3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY OCT/2018

MATTERS

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

5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

6 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019

7 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

8 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2021

EQUIPMENT OR SERVICES

9 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS NOV/2020

10 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020

ON FEES AND CONSIDERATION

11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR NOV/2020

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 2020)

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

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

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

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

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

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), 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 (Jun 2020) (41 U.S.C. 3509).

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

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

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

___ (5) [Reserved].

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

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

743 of Div. C).

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

Debarment (Jun 2020) (31 U.S.C. 6101 note).

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

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___ (10) [Reserved]

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

___ (ii) Alternate I (MAR 2020) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (MAR 2020) of 52.219-4.

___ (13) [Reserved]

__X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) 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 (Nov 2020)(15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) 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 (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

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

___ (v) Alternate IV (Jun 2020) of 52.219-9.

_X__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

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

___ (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 (MAR 2020)(15 U.S.C. 657 f)

__X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020)(15 U.S.C. 632(a)(2)).

___ (ii) Alternate I (MAY 2020) of 52.219-28.

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020)

(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 (MAR

2020) (15 U.S.C. 637(m)).

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

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

_X__ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

_X__ (28) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

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

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

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

__X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

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

__X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)(29 U.S.C. 793).

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

_X__ (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Jun

2020)(38 U.S.C. 4212).

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

_X__ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

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

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

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

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

13693).

___ (40)(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.

___ (41)(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.

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

___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

__X_ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (49)(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.

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

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

__X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the

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

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__X_ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

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

__X_ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).

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

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

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

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

___ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.

2631).

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

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

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

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

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

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

_X__ (3) 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).

___ (4) 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).

___ (5) 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).

___ (6) 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).

__X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (Executive Order 13658).

__X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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

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was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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 2020)

(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. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(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 (Jun 2020)(38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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 (Nov 2020) (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, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 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 necessary to satisfy its contractual obligations.

(End of Clause)

12 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) MAR/2020

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

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

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

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

(c) Applicability. This clause applies only to--

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

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

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

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

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

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

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

19.504(c)(1)(ii).

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for 336413-Other Aircraft PArts and Auxiliary Equipment Manufacturing

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractors 50 percent subcontract amount that cannot be exceeded.