Amendment-01.pdf

0011569041

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

See SUMMARY OF CHANGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Mar-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9115121Q0011

X 9B. DATED (SEE ITEM 11)

17-Feb-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Mar-2021

CODE

MICC - FORT HOOD_6

MISSION CONTRACTING OFFICE (MCO)

36000 DARNALL LOOP, ROOM 1300B

FORT HOOD TX 76544-5025

W91151 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9115121Q0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

RESPONSE TO INDUSTRY (RFI'S)

1. Question: 52.219-29 Notice of Set-Aside for, or sole source award to EDWOSB concerns (Deviation 2020-O0008) Jan 2021 (3)(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 contractor’s 50 percent subcontract amount that cannot be exceeded.

Answer: The primary contractor shall not delegate the positions to be performed by staff personnel to a subcontractor.

2.) Question: Does this indicate that the Prime EDWOSB must have a footprint in the service area of the Contract and do core work up to 50% and can subcontract to EDWOSB (similarly situated entities) at No more than 50%?

Answer: _See above response in answer number one (1).

3.) Question: Direct Procurement Method (DPM) Claims and Liability Procedures

B. LIABILITY

1. DPM Shipments a.

This clause shows that when custody of a shipment is transferred from one TSP or contractor to another, the TSP or contractor delivering the shipment to another TSP or contractor must furnish the receiving TSP or contractor two legible duplicate copies of the shipment inventory. The receiving TSP or contractor must have the option, at its expense, to conduct a joint inspection of every item and carton listed on the shipment inventory. If, at the time each item is checked, there is a difference in the condition of the items from what is listed on the shipment inventory, the receiving TSP driver must prepare an exception sheet noting the condition of the containers or to specific cartons within the containers, and use a rider noting thereon any shortage/overage or differing conditions, cross-referenced to the original shipping inventory.

These are containerized shipments when they are received and are typically brought in by LTL on hot shot drivers.

This clause is loosely based on domestic van shipments whereby loose household goods are brought into the warehouse by a linehaul driver and the inventory is checked off and exceptions taken. In the DPM inbound the shipment comes in containerized and if like the clause states it is the responsibility of the contractor to empty and check off the inventory and then reload and reseal the containers for eventual delivery. Firstly, the LTL or hot shot driver is not going to wait while the shipment is being unloaded and checked for exceptions. Another issue, is that the inventories are Rarely attached as required and the destination contractor normally has to request a copy either from the T/O office or the origin contractor and with overseas contractors that is time consuming. In any instance you can’t get an inventory the minute a truck pulls up to the dock.

3.) Answer: Reference: DPM Shipments Part 1, Liability, 1.a: The receiving TSP or contractor must have the option, at its expense, to conduct a joint inspection of every item and carton listed on the shipment inventory. The Contracting TSP has the option to conduct a joint inspection, however liability will be placed on the last TSP that handled the shipment, unless supporting documents dictate otherwise.

4.) Question: Can these inbound shipments be handled like standard commercial practice for containerized shipments? Exceptions are taken on the container when received at destination- Seals are noted and if no seals then security seals are placed on the container with the LTL driver signing off on any exceptions and seals notations? When the shipment is delivered out, the containers and contents are jointly gone over, and any damage or loss is noted on the DD1840 along with cause of damage. We support the write up with photos. This of course would have to be recognized by CLAIMS.

4.) Answer: Reference: DPM Shipments Part 1, Liability, 1.a: The receiving TSP or contractor must have the option, at its expense, to conduct a joint inspection of every item and carton listed on the shipment inventory. The Contracting TSP has the option to conduct a joint inspection, however liability will be placed on the last TSP that handled the shipment, unless supporting documents dictate otherwise.

5.) Question: If the shipment has to be unloaded at destination and the LTL driver will not be there and the customer is not there. Will the transportation office provide and inspector to sign off on the exceptions for verification and on the new seals that will go onto the crates? This would keep the chain of custody intact.

5. Answer: No the government will not provide an inspector if the LTL driver or customer is not available. The only exception would be if there was damage to the crate or if mold and mildew was identified.

Revision; ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1-INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

The selection of a source for award purposes will be conducted utilizing simplified acquisition procedures as delineated in FAR Part 13.106. Noncompliance with the Request for Quote (RFQ) may hamper the Government's ability to properly evaluate and may result in elimination of the quote from further consideration for contract award.

IMPORTANT - This will be a 100% Set Aside for the Economically Disadvantage Woman-Owned Small

Business (EDWOSB) Program. In order to be responsive and considered for award, offerors shall have completed the certification requirements, via https://beta.certify.sba.gov/ , prior to competing for this solicitation. A concern will not be eligible for a set-aside or sole-source award under the EDWOSB program unless designated as an EDWOSB in SBA Dynamic Small Business Search (DSBS).

Offer shall provide the following submission factors: price, technical, and past performance. Offerors shall be evaluated using the submission factors outlined in Addendum to FAR 52.212-2. The documentation provided shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the quotes. Understanding of requirement - Offers shall provide respond completely too all instructions in order to be deemed responsive. Legibility, clarity and coherence are very important. Failure to provide a completed offer shall render your quote as non-responsive and may not be evaluated.

https://beta.certify.sba.gov/

The following paragraphs under FAR 52.212-1 Instructions to Offerors shall not be used for this solicitation:

Para d. “Product samples”

Para e. “Multiple offers”

Para h. “Multiple awards”

I. PRICING ON LINE ITEMS

Offerors shall provide documentation to support their ability to provide contract line items (CLIN(s)

0001 - 0032, in their entirety. The submitting of pricing information on all (CLINS) is required. Failure to provide pricing for each CLIN on this RFQ shall render their offer as deficient, and not considered for award.

Offerors will utilize the code used to designate Net Hundredweight. Example: Ten (10) NCWT equals

1000 Lbs as appropriate.

Pricing information is required. Pricing shall be annotated for each contract line item (CLIN) within this solicitation. Please ensure that you go the above section labeled “RECAP TOTALS “on this

RFQ to summarize your total proposed prices for the base and every subsequent option year.

Also, please provide your total proposed contract amount in this section as well. Failure to provide this information shall render the quote as deficient, and not considered for award.

II. SUBMITTING TECHNICAL INFORMATION

TECHNICAL: Offerors shall provide documentation that their organization has the knowledge and ability to meet all requirements in accordance with the CLINS, Performance Work Statement (PWS), attachment(s), and terms & conditions of the solicitation. Contactor shall provide the following documents/certificates as follows:

i. Provide a Capability Statement of no more than 10 pages in its entirety (including the cover page, table of contents, body, appendixes, references, figures and illustrations) that reflects organization’s knowledge and ability to perform the following:

1. Provide a detailed summary of the offeror’s technical expertise, resources, warehouse capacity, and logistical competency.

2. Documented proof that their firm as well as their as on-site Project Manager, Quality

Control at the minimum five (5) years or more of experience in services pertaining/relating to packing, containerization, and local drayage of Direct

Procurement Method (DPM) personal property shipments as defined in the PWS.

3. Manage an average capacity of 500 household goods shipments per month.

4. Coordinating multiple household good's shipments during peak and non-peak season operations.

ii. Certificate of cargo insurance

iii. Pre-award Survey. Offerors shall provide a completed DD Form 1811 - Pre-award Survey of

Contractor’s Facility and Equipment (See Technical Exhibit A; and Attachment 1 PWS

Appendix D). The DD Form 1811 shall be completed on the actual facility and equipment, within the reasonable vicinity of Fort Hood, TX, that the offeror will use for this contract.

Offerors, may provide a DD Form 1181 for the Facilities and Equipment which they possess a tentative agreement to use.

iv. Draft Quality Control Plan. The contractor shall ensure their Draft Quality Control Plan be no less than three (3) pages, but no more than ten (10) pages. The Draft QCP shall address the requirements indicated in para A.5 of the PWS (See Attachment 1 – PWS)

III. SUBMITTING PAST PERFORMANCE INFORMATION

PAST PERFORMANCE: Offerors shall provide Past Performance Questionnaires (PPQ) (Attachment

#2) to organizations that they have performed similar services that directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years from the date of issuance of the solicitation. Those organization(s) shall complete and submit Attachment #2

(questionnaire) via email to Contract Specialist, Abduel J. Sanford, via email

(abduel.j.sanford.civ@mail.mil) and Contracting Officer Madge (Angie) Lewis via email

(madge.a.lewis2.civ@mail.mil ) Failure to provide this information shall render their quote as deficient and not considered for award.

IV. ATTACHMENTS & TECHNICAL EXHIBITS

a. In addition to providing complete Pricing, Technical, and Past Performance info, Offerors shall contact organizations where they have completed similar services and request they complete

Attachment 2 – Past Performance Questionnaire (PPQ). Those organization(s) that have experienced the offerors services shall submit the completed questionnaire via email to the

Contract Specialist, Abduel J. Sanford, via email (abduel.j.sanford.civ@mail.mil) and Contracting

Officer Madge (Angie) Lewis (madge.a.lewis2.civ@mail.mil ).

V. SUBMISSION OF QUOTES AND QUESTIONNAIRES

a. Email: Offerors may submit documents electronically.

mailto:abduel.j.sanford.civ@mail.mil mailto:madge.a.lewis2.civ@mail.mil

b. Quotes shall be submitted prior to the closing date specified in block 8 of the SF1449 (18 March

2021 at 4:30PM CST). Quotes shall be submitted by email to the Contract Specialist, Abduel J.

Sanford abduel.j.sanford.civ@mail.mil and the Contracting Officer, Madge (Angie) Lewis

(madge.a.lewis2.civ@mail.mil) . The email file size shall not exceed 8 MB.

NOTE: All quotes submitted via email shall have “W91151-21-Q-0011 Quote, date, and

{Contractor’s Name}” clearly identified on the email of their quote for reference and routing purposes.

c. Offerors shall also provide the Attachment #2 – Past Performance Questionnaire to all applicable organizations to which they have provided similar services to complete. Those organization(s) that have experienced the offerors services shall submit their completed questionnaire via email to the

Contract Specialist, Abduel J. Sanford (abduel.j.sanford.civ@mail.mil) and Contracting Officer, Madge (Angie) Lewis (madge.a.lewis2.civ@mail.mil). PPQs shall be provided by no later than the time of the solicitation closing.

NOTE: All PPQ shall be submitted via email and be labeled, “W91151-21-Q-0011 PPQ, date, Contractor’s Name, and Customer Organization” clearly identified on the email of their quote for reference and routing purposes.

The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Offerors are encouraged to submit RFI’s regarding this requirement starting 17 February

2021. Offerorss will have no later than 24 February 2021 4:30 PM Central Time to submit those inquiries. Inquires shall be sent via email to the Contract Specialist, Abduel J. Sanford at abduel.j.sanford.civ@mail.mil, and the Contracting Officer, Madge (Angie) Lewis madge.a.lewis2.civ@mail.mil. Any inquiries from industry submitted to the Government after 24 February 2021 @4:30 PM (Central Time) shall not be addressed.

Revision -ADDENDUM TO FAR 52.212-2

FAR Provision 52.212-2 is tailored as follows:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, past performance, price and other factors considered. The following factors shall be used to evaluate offers:

mailto:abduel.j.sanford.civ@mail.mil mailto:madge.a.lewis2.civ@mail.mil

(b) HOW QUOTES WILL BE EVALUATED (IN ORDER OF IMPORTANCE) – Proposals will be evaluated based on the Price, Technical and Past Performance.

Price is the most important evaluation factor followed by Technical and Past Performance.

I. PRICING: Offerors shall provide pricing information for CLINS (under 0001 -0032) in their entirety.

Unbalanced pricing will be evaluated, as applicable, to assess potential risk which could result in unreasonably high prices. The lowest acceptably priced offeror will be evaluated for technical and past performance factors.

The Government will evaluate offers for award purposes by adding the total price for all Ordering Periods to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. For price evaluation purposes, the government will evaluate its option to extend services (see FAR Clause 52.217-8) The total evaluated price will be divided by 60 months to obtain a monthly price. That monthly price will be multiplied by 6 to determine the value of 52.217-8.

II. TECHNICAL: To be considered technically acceptable, offerors shall provide verification their organization has the knowledge and ability to meet all requirements in accordance with all CLINS (0001 – 0032, Performance Work Statement (PWS), Attachment(s), and terms and conditions of the solicitation. Altogether, the combined documents clearly express the offeror’s technical expertise, resources, warehouse capacity, and

Logistical Competency to perform packing, containerization, and local drayage of Direct Procurement Method

(DPM) personal property shipments as defined in the PWS. Specific Technical items that will be evaluated are as follows:

i. The Capability Statement will be evaluated for the offeror’s knowledge and abilities related to pertaining/relating to packing, containerization, and local drayage of Direct Procurement

Method (DPM) personal property shipments as defined in the PWS. Any pages beyond the ten

(10) page Capability Statement limit will not be evaluated. Additionally, Offerors will be evaluated on their organization’s knowledge and ability to perform the following:

1. Detailed summary that reflects the Offeror’s technical expertise, resources, warehouse capacity, and logistical competency.

2. Documented proof that their firm as well as their as on-site Project Manager, and

Quality Control at the minimum five (5) years or more of experience in services pertaining/relating to packing, containerization, and local drayage of Direct

Procurement Method (DPM) personal property shipments as defined in the PWS.

3. Manage an average capacity of 500 household goods shipments per month.

4. Coordinate multiple household good's shipments during peak and non-peak season operations.

ii. Certificate of cargo insurance shall be complete and current.

iii. Pre-award Survey. The DD Form 1811 - Pre-award Survey of Contractor’s Facility and

Equipment (See Technical Exhibit A) shall be accurate, complete and in accordance with instructions provided in the Instructions to Offerors; on the form; and in Attachment 1 – PWS

Appendix D.

iv. Draft Quality Control Plan. Quality Control Plan shall be complete, accurate, and in accordance with the Paragraph A.5 of the PWS.

PAST PERFORMANCE: Offerors’ past performance data will be evaluated from a wide variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in subpart 9.1, 13.106, or subpart 15.3, as applicable. To have their past performance considered relevant offerors shall provide documented proof that their firm as well as on-site employees have no less than five years’ experience in services pertaining/relating to packing, containerization, and local drayage of Direct Procurement Method (DPM) personal property shipments as defined in the PWS. Please read PWS for details. Offerors who do not possess Past

Performance data (Or not past performance data is available in the Government’s systems) pertaining/relating to packing, containerization, and local drayage of Direct Procurement Method (DPM) personal property shipments, will receive an Neutral Past Performance rating.

Offerors Attachment 2 - Past Performance Questionnaire (PPQ) responses will be evaluated for recency and relevancy.

b. Recency Assessment – To be recent, the effort must be ongoing or must have been performed during the last five (3) years from the date of the issuance of this solicitation.

c. Relevancy Assessment – To be relevant, the effort must be of similar nature of work, size, and complexity.

TABLE A-1 TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation. Technical capability clearly stated and validated. The technical information validation can stand on its own.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation. Also, technical capability could not be validated base on technical submittal.

https://www.acquisition.gov/far/part-9#FAR_Subpart_9_1 https://www.acquisition.gov/far/part-13#FAR_13_106 https://www.acquisition.gov/far/part-15#FAR_Subpart_15_3

(c) UNDERSTANDING OF REQUIREMENT: The documentation provided shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the quotes. Failure to provide a completed offer shall render your quote as deficient and not considered for award.

See below table A-2 to show rating and description of how Past Performance will be evaluated.

(d) A written notice of award or acceptance of an offer, emailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Prior to award of the contract, the successful offeror shall submit labor categories and hours data in the

Government’s format for wage determination purposes. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

RECAP TOTALS

RECAP TOTALS PERIOD OF PERFORMANCE TOTAL COST

60 Months TBD

Total Contract Amount

Note: The projected or tentative POP is April 2021.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

TABLE A-2 PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Description

Acceptable

Based on the offerors’s performance record for the last five (5) years, the Government has a reasonable expectation that the offerors will successfully perform the required effort, or the offerors’s performance record is unknown.

Unacceptable

Based on the offerors’s performance record for the last five (5) years, the Government has no reasonable expectation that the offerors will be able to successfully perform the required effort.

Neutral If the offeror has no relevant past performance, they will be rated as “Neutral”.

(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: (Contracting Officer check as appropriate.)

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).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.(AUG

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).

____ (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]

____ (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.

____ (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.

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 (JAN 2021) (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 (JAN 2021) (15

U.S.C. 657f).

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

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (JAN 2021) (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 (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 (JUN 2003) (E.O. 11755).

X(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 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 (JUL 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 (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

13496).

X 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)(29 U.S.C. 206 and 41 U.S.C chapter 67).

This statement is for information only: it is not a wage determination.

Employee Class Hourly Rate Fringe Benefits

Truck Driver Tractor-Trailer (31362) $19.64 39.6%

Shipping Packer (21110) $15.26 39.6%

Material Handler Labor (21050) $12.18 39.6%

Forklift Operator (21020) $16.72 39.6%

Warehouse Specialist (21410) $16.72 39.6%

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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658)

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

X (36) 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.)

____ (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.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (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.

____ (41)(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.

____ (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®-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 (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 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.

____ (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 (OCT 2016)

(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).

____ (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)).

____ (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).

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

X (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: (Contracting Officer check as appropriate.)

X (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) (AUG 2018) (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) (E.O. 13658).

(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 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 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 (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).

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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (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 (NOV 2020) (E.O. 13658).

(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 (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. (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)

The following have been deleted:

ADDENDUM FAR 52.212-2

ADDENDUM FAR 52-212-1

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

(End of Summary of Changes) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3