SOL_Amendment_W911N219R00140003.pdf

BOBIE JO BURKETT

717-267-5283

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE CCAM-ALK BLDG 2S

CHAMBERSBURG PA 17201-4150

W25G1Q9064R001

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

The purpose of this amendment is to:

(1) add a Purchase Description;

(2) correct delivery schedule in FAR Clause 52.211-8;

(3) add FAR Clause 52.212-2 Evaluation--Commerical Items to evaluate each offeror's proposed "equals" on the solicitation; and

(4) extend the Offer Due Date to 10 September 2019.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 30-Aug-2019

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 W911N219R0014

X 9B. DATED (SEE ITEM 11)

29-May-2019

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 X is extended, 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

29-Aug-2019

CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

W911N2 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W911N2

FACILITY CODECODE

EMAIL:TEL:

W911N219R0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 28-Jun-2019 01:00 PM to 10-Sep-2019 09:00 AM.

The Acquisition Set Aside has changed from Small Business to Hubzone Small Business.

The following have been added by reference:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

252.219-7004 Small Business Subcontracting Plan (Test Program) MAY 2019

The following have been added by full text:

PURCHASE DESCRIPTION

PURCHASE DESCRIPTION (PD)

FOR

SAFETY FOOTWEAR

1.0 SCOPE: Request the purchase of men’s and women’s work safety footwear for government personnel employed at Letterkenny Army Depot (LEAD).

1.1 RECOGNIZED HOLIDAYS: The following are recognized US holidays and the date for each can be found at the following website: http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp.

The contractor shall not perform services on these days:

1.1.1 New Year’s Day

1.1.2 Martin Luther King, Jr.’s Birthday

1.1.3 President’s Day

1.1.4 Memorial Day

1.1.5 Independence Day

1.1.6 Labor Day

1.1.7 Columbus Day

1.1.8 Veteran’s Day

1.1.9 Thanksgiving Day

1.1.10 Christmas Day

1.1.11 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.2 PLACE AND PERFORMANCE OF SITE VISITS: The contractor shall operate the Shoemobile during the hours as follows:

Hours: Location:

08:00 A.M. to 10:00 A.M. Bldg. 370, Outside Guard Post 4 -- *By Appointment Only*

10:15 A.M. to 11:30 A.M. Hub Bldg. 234 - Bldg.14, Parking Lot at SW corner of building.

*For Non-Maintenance Employees, no appointment needed – just walk in*

12:15 P.M. to 2:00 P.M. Bldg. 350 - Breakroom outside Door 21 -- *By Appointment Only*

1.2.1 The Shoemobile shall be operated on the first and third Thursdays of every month (Government Holidays excluded).

1.2.2 Lunch break will be from 11:30 A.M. to 12:15 P.M. on both days, during which time the Shoemobile will be closed.

1.2.3 The following dates are for the base year of the contract:

BASE YEAR SCHEDULE - OCT 2019 THRU SEP 2020

First Thursday Third Thursday

3-Oct-19 17-Oct-19 7-Nov-19 21-Nov-19 5-Dec-19 19-Dec-19 2-Jan-20 16-Jan-20 6-Feb-20 20-Feb-20 5-Mar-20 19-Mar-20 2-Apr-20 16-Apr-20 7-May-20 21-May-20 4-Jun-20 18-Jun-20 2-Jul-20 16-Jul-20

6-Aug-20 20-Aug-20 3-Sep-20 17-Sep-20

1.2.4 Dates for Option Years will be provided at time of renewal. Any change in work hours and dates shall be by mutual agreement to between the Contractor, the COR and the Contracting Officer. Government operating hours are 6:00 A.M. to 3:30 P.M., Monday through Thursday, exclusive of Federal Holidays and special depot closures (typically the Monday before or Thursday after Federal Holidays that fall on a Saturday, Sunday, Tuesday or Thursday).

1.3 SECURITY REQUIREMENTS: The contractor and all associated subcontractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.3.1 AT LEVEL 1 AWARENESS TRAINING: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available at https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.3.2 iWATCH TRAINING: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – http://www.letterkenny.army.mil/iwatch.html;

select "Contractor AT/OPSEC Resource."

1.3.3 OPSEC TRAINING: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

2.0 GOVERNMENT RESPONSIBILITIES:

2.1 GOVERNMENT FURNISHED PROPERTY AND MATERIALS: The Government will provide the facilities, equipment, materials, and/or services listed below:

2.2 Facilities: The Government will provide clear access to all working areas necessary for the contractor to perform the site visit, during specified hours listed in Section 1.2 to include parking the Shoemobile at Bldg. 370, Outside Guard Post 4; Bldg. 14 parking lot at SW corner of building; and Bldg. 350, adjacent to Breakroom outside Door 21. These facilities are to be used only in conjunction with the performance of this contract. No change to these locations can be made without prior approval from the Directorate of Law Enforcement and Security, Safety Office, Protective Services Division and the Contracting Officer.

2.3 Equipment: None

2.4 Materials: None

2.5 Services: None

2.6 Utilities: The Government will furnish, without cost to the contractor, a reasonable amount of utilities from existing sources. These utilities are to be used only in conjunction with the performance of this contract.

3.0 CONTRACTOR RESPONSIBILITIES:

3.1 CONTRACTOR FURNISHED PROPERTY, MATERIALS AND EQUIPMENT:

3.1.1 Except for those items specifically stated to be Government-Furnished in Paragraph 2.0, the contractor shall furnish everything required to perform the site visit as indicated in Paragraph 1.0.

3.1.2 VEHICLES: The Contractor shall provide mobile Shoemobile/vehicle unit required to fulfill the requirements of this contract to include vehicle maintenance, travel and operator.

3.1.2.1 All vehicles shall be in operable condition and meet the local, state, and federal safety requirements.

3.1.2.2 Vehicular repairs shall be painted to present a neat appearance and have the Contractor’s name affixed on both sides of the vehicle.

3.1.2.3 Vehicular repairs on base shall be limited to those minor in nature. The Contractor shall clean up and dispose of any spills from Contractor vehicles (hydraulic fluids, gasoline, anti-freeze, diesel fuel from broken hoses or lines). All spills must be reported to the Contracting Officer or COR.

3.1.2.4 All vehicles shall be operated in accordance with base traffic regulations. If radio equipped, radios will comply with base radio frequency regulations and shall be operated in accordance with the base radio frequency regulations.

3.1.2.5 Vehicles shall be maintained in a neat, clean, orderly and sanitary manner.

3.2 STOCK OF SAFETY FOOTWEAR: The contractor shall maintain a stock of all shoe styles in a variety of standard sizes.

3.3 RECORDS OF ISSUED SAFETY FOOTWEAR: The contractor shall maintain a written record of safety footwear issued by the Shoemobile and received by the Government. The record shall contain at a minimum, the CLIN, item description to include style, date issued, unit of issue, price per item and total price. A copy of these records shall be furnished to the TPOC, through the Contracting Officer, quarterly.

3.4 MINI-CATALOGS AND POSTERS: The contractor shall provide, prior to commencement of contract, sufficient copies of a mini-catalog or posters showing the safety footwear available to depot personnel on this contract with all U.S.A. made footwear offered, or equivalent, clearly identified.

3.5 ITEMS RETURNED FOR CREDIT: The contractor shall deduct the price of all items(s) returned for credit from the monthly invoice.

4.0 REQUIREMENTS:

4.1 All safety footwear shall be potential safety footwear to be provided to the Government. The Government reserves the right to update (add or delete) from the listing as required.

4.2 All safety footwear provided to the Government must be made in the United States of America, or an approved equivalent from the Technical Point of Contact (TPOC) through the Contacting Officer.

4.3 MANAGEMENT AND PERSONNEL: The contractor shall:

4.3.1 Provide all supervision, management, personnel, equipment and supplies to operate and maintain a Shoemobile facility; to purchase, receive, store, issue and physically handle safety footwear.

4.3.2 Manage the total work effort associated with the safety footwear required herein to assure fully adequate and timely delivery. Included in this function will be a full range of management duties including, but not limited to planning, scheduling deliveries and quality of safety footwear.

4.3.3 Maintain a sufficiently stocked inventory of safety footwear to accommodate depot requirements. Safety footwear listed shall be available to the depot during the working hours/days listed in the PD.

4.3.4 Maintain an adequate workforce to complete work in accordance with the time and quality standards specified herein.

4.3.5 Provide an adequate staff of personnel with the necessary management expertise to assure the performance of the work in accordance with sound and efficient management practices.

4.3.6 Ensure that sufficient personnel are available at all times during the Shoemobile hours to provide uninterrupted service regardless of other work requirements.

4.3.7 Retain ownership of all safety footwear until received by the TPOC or an authorized Government representative at LEAD.

4.4 CONTRACTOR IDENTIFICATION: The contractor shall:

4.4.1 Provide a list of contractor employee’s names who shall be designated to provide Shoemobile services to LEAD. This list shall be provided to the TPOC through the Contracting Officer, at the commencement of work.

4.4.2 Promptly notify the TPOC, through the Contracting Officer, in writing of any and all changes to the Contractor employee roster. The contractor shall assure that any employees entering LEAD obtain a temporary Government Identification Badge at Badge Office (Building 2 South) and assure the badge is turned in to the point of issue on the day of issue prior to leaving LEAD at the conclusion of each Shoemobile visit.

4.5 LOSSES AND DAMAGES CAUSED BY THE CONTRACTOR: The contractor shall:

4.5.1 Agree to save harmless, the Government, for any claims for damage to property, bodily injury, or death resulting from activities of the contractor, his agents, servants, and employees.

4.5.2 Be held accountable and liable to the Government for any damages to Government facilities, fixtures, furnishings, equipment or grounds caused by the contractor or his employees.

4.5.3 Verbally notify the TPOC and Contracting Officer immediately following any occurrences. A complete report of the incident shall be submitted in writing within 24 hours of any such damage, loss or injury.

4.6 EMERGENCY 24-HOUR DELIVERY: Emergency delivery shall be provided by the Contactor, when requested verbally by the Technical Point of Contact (TPOC). The contractor shall ship the safety footwear via:

UPS, Federal Express or any other comparable commercial carrier. The shipments of any safety footwear shall be sent to the following address: CDR, ATTN: Dennis Flythe, TPOC, Letterkenny Army Depot, 1 Overcash Avenue, AMLD-PL, Building 331, Chambersburg, PA 17201-4152

4.7 GOVERNMENT LIABILITY: The Government will not be liable for any loss or damage to contractor property including stock or for expense incidental to such loss or damage unless caused by the Government.

4.8 QUALITY OF SAFETY FOOTWEAR: Safety footwear furnished by the contractor shall meet or exceed OSHA 29 CFR 1910.136 and ANSI Z41-1991, ANSI Z41-1999, ASTM F-2413-2005 or ASTM F-2412-2005 Standards and must have the ANSI rating label in/on the footwear. All footwear soles and heels shall be rated by the manufacturer as excellent or good slip resistance. Failure to provide safety footwear of such quality will be cause for rejection and/or return of the safety footwear.

4.9 COMMERICAL WARRANTY: The contractor agrees that the safety footwear furnished under this contract shall be covered by the most favorable commercial warranties the manufacturer, contractor and/or his suppliers give to any customer for such safety footwear, and that the rights and remedies provided are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. When safety footwear received from the contractor is considered substandard it will be returned to the contractor for exchange or full credit.

4.10 INVOICING: Payment will be made monthly through the Procurement Integrated Enterprise Environment (PIEE), formerly iRAPT/Wide Are Work Flow (WAWF), upon submission of an accurate invoice. Invoices shall be itemized containing: Contract number, delivery order, contract line item number (CLIN) annotating appropriate style, requisition number and quantity for each CLIN with appropriate unit pricing.

5.0 Applicable Publications: Publications applicable to this Purchase Description are listed below:

Publication (Chapter / Page) Date of Publication

Mandatory or Advisory

Website

385-3 Protective Clothing & Equipment Mandatory

385-40 Accident Reporting and Records Advisory

385-55 Prevention of Motor Vehicle Accidents Advisory

385-4 Safety Requirements for Security, Safety, and Fire Prevention for Contractors Performing Work on LEAD

Mandatory Copies may be obtained at

LEAD

OSHA Safety and Health Standards

29 CFR 1910.136

Mandatory www.osha.gov

ANSI Z41 Mandatory www.osha.gov

ASTM F-2412 Mandatory www.osha.gov

ASTM F-2413 Mandatory www.osha.gov

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (AUG 2019)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 (Sept 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 (July 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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 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 Act 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 Act 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).

(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 (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)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) (AUG 2019) Alternate I (OCT 2018)

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

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(2) 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)).

(3) 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).

(4) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(5) 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.

(6) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(7) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(8) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(9) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(10) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(11) 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.

(12) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(13)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(14) 52.222-51, Exemption from Application of the Service Contract Act 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 Act 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).

(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 (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.

(b) 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.

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (OCT 2010)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

(End of clause

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA--ALTERNATE I (JUL 2019)

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

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of ``data other than certified cost or pricing data'' (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for price set by law or regulation--Identification of the law or regulation establishing the price offered.

If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same item or similar items have been sold in the commercial market. Such information shall include--

(A) For items previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror's current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit the DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall submit certified cost or pricing data and supporting attachments in the following format: [Insert description of the data and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.408, Table 15-2, Note 2. The Contracting Officer shall insert the description at the time of issuing the solicitation or specify that the format regularly maintained by the offeror or prospective subcontractor in its business operations will be acceptable. The Contracting Officer may amend the description as the result of negotiations.]

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(i).

(d) Requirements for data other than certified cost or pricing data.

(1) Data other than certified cost or pricing data submitted in accordance with this provision shall include all data necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) The Offeror shall provide information described as follows: [Insert description of the data and the format that are required, including access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3.]

(4) Within 10 days of a written request from the Contracting Officer for additional information to support proposal analysis, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(5) Subcontract price evaluation.

(i) Offerors shall obtain from subcontractors the information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost information may be required from a prospective subcontractor in any case in which there are sufficient non-Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary--

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of--

(1) Paragraph (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

(2) Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (JUN 2019)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause.

The following have been modified:

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

MOBILE UNIT REQUIRED TWICE A MONTH ON DEPOT:

BASE SCHEDULE PROVIDED IN THE PURCHASE DESCRIPTION (PD)

OPTION YEAR(S) SCHEDULE WILL BE PROVIDED AT TIME OF EACH YEARLY RENEWAL

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed 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. 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. (End of provision)

ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:

A. General Information:

1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.

2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.

3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.

B. Non-Price Evaluation Factors and Subfactors:

1. Factor 1- Technical:

(a) Subfactor 1 Equivalence: The offeror shall provide all information possible for the Government POC to evaluate possible equivalents to the current style requested in each CLIN. Information includes, but is not limited to: catalogs/brochures, videos, drawings, and testimonials.

C. Price Evaluation Factor: Offerors shall complete the Schedule B with pricing for each Contract Line Item Number (CLIN).

D. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.

1. Offerors’ technical proposals will receive an overall rating based on the following:

(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.

(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation.

(End of Addendum)

The following have been deleted:

52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

JAN 2019

52.212-5 Alt I (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) Alternate I

OCT 2018

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

OCT 2015

252.215-7010 Alt I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (JAN 2018) - Alternate I

JAN 2018

252.219-7004 Small Business Subcontracting Plan (Test Program) APR 2018 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

(End of Summary of Changes)