W90VN6-19-Q-0023.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN619Q0023 05-Sep-2019

b. TELEPHONE NUMBER

315-784-6683

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 20 Sep 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN69. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SSG BAGOUDOU, YAO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3J1GR9122AW01

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO OSAN, UNIT #2039

APO AP 96278-2039

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE F3JT36 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

36 FS/CCV

36 FS/CSS

OSAN AB

APO AP 96278

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334511

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF39

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN619Q0023

Section SF 1449 - CONTINUATION SHEET

SITE VISIT

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for 16 September 2019 at 10:00AM

(c) Participants will meet at Morin Gate, Osan Air Base South Korea.

(End of provision)

Note: This is an opportunity for interested potential offerors to attend a site visit hosted by the requiring activity and contracting office. This site visit will provide an opportunity for contractors to understand requirements and installation and removal service.

Date and Time: 16 September 2019 at 10:00AM Local time. Location: Morin Gate, Osan Air Base South Korea.

Registration: Interested contractors MUST register by a contract specialist, SSG Bagoudou Yao at Yao.bagoudou.mil@mail.mil no later than 12 September 2019 @ 15:00 local time. Registration will be by email only and a confirmation will be provided. Please provide the following information when registering for site visit: name and address of company, name of each individual attending (limit to a maximum of two per company). Offerors are required to have a valid Korean Identification card when attending the site visit orientation.

Failure to register may result access denied to the site visit.

FAR CLAUSE 52.212-1 ADDENDUM

FAR CLAUSE 52.212-1 ADDENDUM

CONTRACT AWARD:

The Government intends to execute a Firm Fixed Price (FFP) contract for this requirement. Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 13.106 that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-cost factors/sub-factors. All non-cost factors and sub-factors will be rated as either "acceptable" or "unacceptable". In order to be considered for award, there must be an acceptable" rating in every non-price factor/sub-factor. In other words, a rating of "unacceptable" for any factor or sub-factor will result in the entire offer being rated"unacceptable".

In accordance with FAR 52.212-1 "Instructions to Offerors-Commercial Items (JUN 2008), the Government reserves the right, based on the Government's best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.

PROPOSAL SUBMISSION: Offerors’ proposals shall adhere to the following instructions:

These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

All questions regarding this solicitation shall be submitted in writing via email to SSG (P) Bagoudou Yao at:

yao.bagoudou.mil@mail.mil; Please include the solicitation number in the subject line of the email. The questions shall be submitted no later than 5 calendar days after the issuing of this Request for Quotes.

Delivery and Installation: 90 days from the date of Award is Required.

Partial delivery is not authorized

Quote shall be good through 30 September 2019

SUBMISSION REQUIREMENT

Offerors are required to submit a COMPLETE package through Federal Business Opportunities (FedBizOpps.gov at https://www.fbo.gov)

FACTOR A: Technical

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable The offeror submits technical data that meets the minimum salient characteristics of all products and comply with solicitation requirment.

Unacceptable The offeror does not submit technical data that meets the minimum salient characteristics of all products and fail to comply with solicitation requirment.

FACTOR B: Price: The offeror shall complete the pricing information for Contract Line Number (CLIN) that have quantity identified. The proposed price will be reviewed to determine if the estimate is adequate, reasonable and complete to assess the offeror's understanding of the solicitation. The definitions of the offeror's price proposal being adequate, reasonable and complete are as follow:

Be Adequate: The proposed price and the scope of work are compatible.

Be Reasonable: Acceptable estimating methodology for developing the price quotation.

Be Complete: Responsive to all solicitation requirements, all PWS items are included and estimates can be traced.

FACTOR C: Factor C: Past Performance: The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to services outlined in the solicitation. The offeror shall provide a list of contracts under which they have performed the same or similar services as to this RFQ. This data on the past contracts will be used by the Contracting Officer to evaluate past performance.

The following information shall be included as applicable:

The title of the Project or Contract No for the Commercial or Government performance A clear description of qualifying work experience Length of contract/project (Year/Month/Date – Year/Month/Date) Value of contract/project total amount Complete POC of employer (including name, phone no, e-mail) and validating POC.

The following ratings will be used in evaluating Past Performance:

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown (See note below)

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.

PWS

Performance Work Statement (PWS)

Install Global Positioning System (GPS) Repeaters ALPHA Diamond

1. OBJECTIVE: The purpose of the work is to procure and install GPS repeaters systems in each HAS within the Alpha Diamond (bldg. 1850 through 1872 - 22 buildings). A GPS repeater ensures that fighters always have GPS lock when inside the hangar to ensure there is no satellite acquisition delay upon exit. Installation includes the provision of all material, accessories, and equipment, which will be in accordance with all United States Air Force standards, practices, codes, and manufacture’s specifications.

2. SCOPE OF WORK: Installation of 22 GPS repeaters systems 1 per Hardened Aircraft Shelter (HAS) in the ALPHA Diamond, there are 22 HAS. This requires the installation of outdoor receive antennas (active) with line of sight of overhead satellites. Coaxial cables will run from the receive antennas to interior signal controllers to allow the user to precisely control the output level of the signal. The conditioned signal is then ran to the indoor mounted passive antennas. Indoor passive antenna must supply a stable and reliable GPS signal. Lightning/surge protection will be installed to prevent damage to the equipment.

a. Install active GPS antenna on 22 buildings within the ALPHA Diamond.

i. Antennas must be properly positioned to have sufficient line of sight with satellites.

ii. Antennas will be mounted to the HAS and must withstand the following conditions:

1. Basic wind speed (no ice) = 90 MPH

2. Basic wind speed (with ice) = 40 MPH

3. Temperature range = -40C to 40C

b. Route coaxial cable from exterior mounted active antennas to interior signal controllers via existing hole in the HAS.

i. There will be no penetrations to the HAS.

ii. Bend radius of coaxial cable must meet the manufactures specifications.

iii. Length of coaxial cable must not exceed GPS equipment manufacture specifications to prevent signal loss.

iv. Cable must be affixed to structure and not “free hanging”. (no penetration to the HAS)

v. The contractor shall weather proof all outside coaxial cable terminations to prevent corrosion and failures by using cable weather proofing kits.

vi. The contractor shall ensure that the coaxial cables have drip loops entering into the building penetration.

c. Install signal amplifier controller inside each of the HAS.

i. Signal amplifier controllers must be easily accessible by the user to allow for setting adjustments.

ii. Signal amplifier controllers must be connected to 110VAC.

1. 110VAC connection source must be approved by 51 CES.

iii. Signal controllers will have an automatic control to maintain the set output level regardless of uncertain loss or gain.

d. Install passive antennas inside each of the HAS.

i. Passive antennas will be installed to allow for GPS signal for aircraft stored in the hanger.

ii. Passive antennas will be mounted to withstand the following conditions:

1. Basic wind speed (no ice) = 60 MPH

2. Temperature range = -40C to 40C

e. Connect passive antennas to signal controllers.

i. If coaxial cable is used to connect the passive antennas to the signal controllers, the following conditions must be met:

1. Length of coaxial cable must not exceed GPS equipment manufacture specifications.

2. Bend radius of coaxial cable must meet manufacturer specifications.

3. Cable must be affixed to structure and not “free hanging”. (no penetration to the

HAS)

3. REQUIREMENT: The contractor shall survey the site, procure material, and install 1 GPS repeater system consisting of an active antenna, passive antenna, amplifier and necessary supporting materials on each of the 22 HAS within the ALPHA Diamond. The contractor shall install 2 repeater systems initially for quality assurance and testing purposes to ensure that all the parameters of the salient characteristics are met before completing the entire alpha diamond. Example of installation below:

a. Minimum Salient Characteristics:

i. GPS repeater system must to be able to repeat L1 (1575 MHz) and L2 (1227 MHz) frequencies

ii. All components must be able to resist UV, rain (waterproof), extreme temperature changes, lighting, chemical and jet fuels.

iii. GPS repeater must be able to repeat Y-Code signal

iv. Repeated signal must be within a 10msec tolerance

v. The system must acquire 5 satellites and repeat a signal including L1, L2, and Y-Code signal within 10 minutes of initial startup

vi. All equipment and/or accessories that the contractor procures shall be corrosion resistant, i.e.

galvanized/stainless steel/paint to include hardware like (bolt, nuts, washers).

vii. Resistance for all lightning protection and grounding shall be 5 ohms maximum.

4. TESTS DONE BY THE CONTRACTOR

a. The Contractor shall perform a signal test after installation, verifying that the repeater is capable of receiving and repeating a steady, reliable GPS signal.

i. I f the contractor receives poor results not meeting the specifications of the antennas from any of the tests listed above, they shall be responsible to fix any problems.

5. TESTS DONE BY THE GOVERNMENT

a. The government shall perform a signal test of the GPS systems using F-16 Aircraft, verifying that the aircraft is capable of receiving a steady, reliable GPS signal inside of the HAS. This test will be accomplished after the installation of two (2) GPS repeater systems. This same test will also be accomplished after the contractor has stated all GPS Repeaters are installed.

i. If the government receives poor results not meeting the specifications of the antennas from any of the tests listed above, the contractor is responsible to halt any further installation and fix any problems.

6. PERIOD OF PERFORMANCE: 45 days from the date of award. The contractor shall provide work schedule within 5 working days after award, this schedule must be approved by 36th Fighter Squadron, Osan AB - Mussler, Bryan E Maj USAF 36 FS/DOW - bryan.mussler.1@us.af.mil.

7. PLACE OF PERFORMANCE: ALPHA Diamond, Osan AB, South Korea

8. SITE VISIT: Contractor shall examine the site and determine for themselves the existing conditions and general character of the site. Claims for additional costs due to conditions that could have been verified by site investigation will not be authorized. Contractor shall contact the COR to schedule the Site Visit.

9. WORK WEEK AND HOURS OF OPERATION: The Contractor shall provide services during normal working hours excluding federal holidays and Korean holidays. Normal working hours are 0830-1630, Monday through Friday, unless requirements dictate otherwise. Exceptions can be permitted by the COR upon request and at the COR’s discretion.

Following is a list of holidays observed by the US Government.

Name of Holiday Time of Observance New Year’s Day 1 January Martin Luther King Jr. Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July 51 FW Down Day 5 July 2019 Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

10. SECURITY AND ACCESS REQUIREMENTS: Contractor shall adhere to current installation security policies.

All necessary permits, passes and other security/access requirements shall be obtained prior to commencing the applicable stage of work.

11. SAFETY REQUIREMENTS:

a. Contractor personnel shall adhere to all safety regulations within US and Korean laws. All equipment brought by the contractor shall be in good working condition. Proper safety gear must be worn at all times where applicable.

b. Contractor will provide proper training to its employees on how to operate all equipment in a safe manner in accordance to MFG’s guideline.

12. GENERAL REQUIREMENTS:

a. Materials for this project shall meet all applicable Korean and U.S. Standards. Manufacturer’s plan of installation will be submitted to Mussler, Bryan E Maj USAF 36 FS/DOW - bryan.mussler.1@us.af.mil. for review and approval prior to installation. Material shall all be new (no refurbished items).

b. Pre-final/Final inspection will be conducted upon completion of work. The United States Government will perform the inspection within 2 working days after notification by the Contractor.

c. The contractor shall provide a One Year Warranty of installation and provide the standard material warranty from the manufacture. Warranty should start the day of final inspection and acceptance.

d. The contractor shall be responsible for the protection of existing equipment, landscape, structures and surrounding facilities. Any damages shall be repaired to match conditions prior to damage at no additional cost to the government.

e. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager shall have full authority to act in behalf of the contractor on all contract matters relating to daily operations of this contract. The contract manager shall be able to read, write, speak, and understand English.

f. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees.

This may be accomplished by wearing distinctive clothing bearing the company name or by wearing appropriate badges which contain the contractor’s company name and the employee’s name.

g. Smoking is not allowed on the installation except in areas designated for smoking. The contractor or the contract manager is responsible to enforce the smoking policy for all employees engaged in the performance of this contract work.

h. The telephone number for Security Police, Fire Protection, Emergency Medical Service, and other emergencies is 050-5784-9111.

i. The contractor shall properly dispose of all existing parts and equipment in accordance with Korean/local laws upon completion of work.

j. The contractor shall control the dust and flying particles generated under operations to prevent creation of a nuisance to Government personnel and operations in occupied portions of the building and surrounding area.

k. Photography and cell phone usage is strictly prohibited on the flightline and in aircraft hangers.

Infractions will result in persons being removed from Osan AB and likely prohibited from returning.

i. Exception: Photography of contractor work may be authorized by 51st FW.

l. The contractor will replace any disturbed insulation, vapor barriers, bird netting, or paneling affected by the project.

13. POINTS OF CONTACT:

WILL BE PROVIDED AT TIME OF AWARD

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 22 Each

HAS GPS REPEATERS

FFP

Hardened Aircraft Shelter (HAS) GPS Repeaters: Active Antenna with Mount and Connector: L1 (L1A-PM-NF), L1/L2 (L1L2-2GA-PM-NF), GLI-METRO (L1L2- 2GA-PM-NF). Contractor shall provide any other parts and components required for full operation of the Active Antenna with Mount and Connector Items shall meet the minimum salient characteristic and the specification in the Performance Work Statement in herein.

FOB: Destination MFR PART NR: Null

PURCHASE REQUEST NUMBER: F3J1GR9122AW01

PSC CD: 9999

NET AMT

0002 22 Each

HAS GPS REPEATERS

FFP

Hardened Aircraft Shelter (HAS) GPS Repeaters: Passive Antenna & Amplifier:

GPSRKL1-V-P220/5-NF, GPSRKL12-V-P220/5-NF, GLI-METRO. In addition Contractor shall provide any other parts and components required for full operation of Passive Antenna & Amplifier. Items shall meet the minimum salient characteristic and the specification in the Performance Work Statement in herein.

FOB: Destination

0003 1 Lot Shipping and Installation

FFP

Price shall include door to door Shipping to Osan Air Base South Korea and the installation of the GPS Repeaters. Contractor shall be responsible for any travel expenses (i. e foods, hotel, and transportation) during the installation. The installation shall be completed no later than 90 days from the day of the award.

0004 1 Job Travel and Installation

FFP

Travel and equipment installation at Osan Air Base, South Korea.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 22 36 FS/CCV

36 FS/CSS

OSAN AB

APO AP 96278

F3JT36

0002 90 dys. ADC 22 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

MAR 2018

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7041 Correspondence in English JUN 1997 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

___ (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).

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

L. 111-117, section 743 of Div. C).

___ (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).

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (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)).

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

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

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

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (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.

____ (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.

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

13496).

XX (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). (E. O. 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 (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

13513).

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

____ (44) 52.223-21, Foams (Jun 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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (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)).

XX (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 (July 2013) (31 U.S.C. 3332).

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

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

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(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: (Contracting Officer check as appropriate.)

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

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

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

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (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) (E.O. 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 Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

XX (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 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) (E. O. 12989).

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

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

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

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

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

(xxi) 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.

(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)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Recruitment fees” means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees and potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S.