W911SA21D1001 Award.docx

W911SA21D1001

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INFORMATION

1. Requirement for the delivery of LP gas to include set/move/removal of tanks as needed, at Fort McCoy, WI. The resultant contract is a firm fixed price, multiple year, indefinite delivery indefinite quantity (IDIQ) contract. The period of performance is 01 November 2020 through 31 October 2025, and a six month option to extend.

2. This procurement is open market Unrestricted, under the NAICS Code 324110 with a size standard of 1,500 Employees.

3. The award for this requirement is made pursuant to FAR Part 13.5 Simplified Procedures for Certain Commercial Items and FAR Part 12, Acquisition of Commercial Items.

4. The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.

5. This is a single award Indefinite Delivery/Indefinite Quantity (IDIQ) type contract.

There is no minimum guarantee beyond the first year.

In accordance with FAR 52.216-22, “Indefinite Quantity”, the quantities specified in the CLINs are estimates only and are not purchased by this contract.

The Government pays only for the actual quantities ordered and received by contract delivery order. The Government reserves the right to order the maximum quantities and is obligated to order only the minimum guarantee.

6. Functional POC: Brandon Gronau, 608-388-6521, brandon.d.gronau.civ@mail.mil

7. Contract Administrator: Jessica Dekan, 608-388-5587, jessica.m.dekan.civ@mail.mil. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the Contract Administrator. Be sure to include the contract number in your request for assistance. Requesting contract administration assistance from any other individual could result in a delayed response.

8. Contracting Officer: Melanie Kiel, 608-388-2123, melanie.s.kiel.civ@mail.mil

9. Ordering Officer: Charles Hilt, 608-388-5209, charles.a.hilt.civ@mail.mil.

Work required under this contract shall be ordered by issuance of delivery orders by designated Government activities. The activity shown in block 9 of the SF 1449 is authorized to issue delivery orders.

ORDERING OFFICIAL/OFFICER

There will be a designated Ordering Official under this contract, authorized to make purchases up to their designated authority of $25,000, per single known requirement, against this IDIQ contract.

Orders under this threshold will not be issued on an individual Delivery Order FORM 1449, however, all requirements of the contract award, and all policies and procedures will be applicable to orders by the designated official.

Prices and Salient Features for the project will still require agreement/approval by the ordering official.

The ordering officials will administer and be the main POC for all orders placed under their authority.

The names and contact information for these individuals will be included in the resultant contract.

The following describes the procedures to be used for ordering items under this contract by using the Federal Government-wide purchase card. This option to order by use of the Government-wide purchase card is strictly an alternative method of ordering by the Government and may be used in place of ordering by other order forms that comply with FAR 12.204. The Government reserves the right to unilaterally terminate the use of the credit card at any time.

All ordering officers may use the Government-wide purchase card, commonly referred to as the Government "credit card," as an alternative method of ordering and paying for purchases made under this contract. Purchase card orders are subject to all terms and conditions of this contract, unless otherwise stated in this provision or another provision or clause in this contract.

The purchase card is specifically designed for use by the Federal Government. The purchase card is like a typical commercial credit card. However, the authorization limitations of the purchase card are more specific, i.e., only for a particular contract, monthly limitations, certain categories of products or services, etc. The purchase card will be exclusively used for official Government purchases in accordance with the prices, terms, and conditions of this contract. The purchase card order limitation shall be $25,000. With respect to ordering authority, only designated Ordering Officers may use the purchase card as a means of purchasing items on this contract.

Credit limits for the purchase card for ordering officers is $25,000. These credit limits for the purchase card are the responsibility of the credit card holder and the approving office.

The contractor shall accept payment via credit card for projects authorized by the ordering officers and that have followed the required policies and procedures within this solicitation and resultant contract.

Invoices for orders placed by the ordering officer will be submitted directly to the ordering officer. However, use of WAWF to create and accept receiving reports is mandatory when the GPC is used as a method of payment against a contract. In order to ensure proper routing of contract transactions paid with the GPC, use the code "CRCARD" in the Pay Official/DoDAAC field. The contractor is required to generate a receiving report in WAWF, and the Government acceptor is required to accept the receiving report in WAWF. The Cardholder is required to verify that acceptance has occurred in WAWF prior to submitting the invoice to the Certifying Official for certification.

10. Post award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

11. The “Equal Employment Opportunity Is The Law” notice (poster) referenced in FAR Clause 52.222-26(b)(3), Equal Opportunity, is located at http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

12. ALTERNATE DISPUTES RESOLUTION: In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum.

13. LEGAL COMPLIANCE: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract, and shall be solely responsible for all costs associated with said compliance.

14. ACCESS

Access and General Protection/Security Policy and Procedures: Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. Should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. Contractor and all associated sub-contractors’ employees shall comply with AR 190-13 Physical Security requirements, applicable installation policy, facility, and area commander installation/facility access, local security policies and procedures.

The contractor shall also provide all information required on the Fort McCoy form 451 and 452 for background checks to meet installation access requirements (SEE Below) to be accomplished by installation Director of Emergency Services Physical Security Division. Contractor personnel performing work under this contract shall submit to a NCIC-III Criminal History Check before access will be granted to Fort McCoy. Once the individual has cleared the criminal history they will be issued an Installation Access Card (IAC). An un-favorable NCIC-III Criminal History Check will result in the contractor being denied access to the installation and a waiver request must be approved prior to gaining access. For waiver approval process coordinate with the installation physical security office.

Contractors must process all Fort McCoy forms 451 and 452 through their Government sponsor (this is usually the COR).

Information required for Criminal History Check

· Full Name, Including middle name(s)

· Sex

· Date of Birth

· Driver’s License information

· Issuing State

· Beginning and End date

· Access Hours

· Work location

· Company Name

· Position (i.e. Construction)

For more information please contact the Installation Physical Security Section at 608-388-8445/2010/4694 or 3794.

22. Attachments:

STATEMENT OF WORK

A. GENERAL REQUIREMENTS

1. The Contractor shall provide and maintain propane gas tanks to specific designated areas in the Fort McCoy Cantonment Area, South Post Housing, Airport, Pine View Campground, Whitetail Ridge Ski Hill, range areas, and/or other applicable areas within the boundaries of Fort McCoy. Propane tanks shall be sized appropriate to Government requirements and shall meet all Federal State and Local Regulations.

2. The Contractor shall provide all tools, labor, equipment, supervision, transportation and materials necessary to manage and perform all operations incidental to the supplying of propane gas, propane gas tanks and the moving of propane gas tanks as directed by Directorate of Public Works (DPW) at Fort McCoy, Wisconsin. The Contractor must be able to provide immediate response for all malfunctions with Contractor-owned LP tanks, regulators or fittings. Immediate response is defined as being physically on site within two hours of notification.

3. All licenses, permits and fees required in performance of the contract shall be the responsibility of the Contractor for the entire contract period. All work is to be done in accordance with all existing Federal, State and Local Codes, Laws and Army regulations as they pertain to the transportation and delivery of propane gas and in accordance with the following requirements and specifications.

4. All tanks shall be monitored and filled on a keep fill basis. However, no delivery should be made if it exceeds the amount that is currently funded on the issued contract delivery orders.

5. Set/Move/Removal of Propane Gas Tanks - The Contractor must support Fort McCoy Army demands that will require the setting, moving and removal of specific propane tanks filled with propane gas. This includes all copper line, plastic pipe, risers, parts, fittings, and other material necessary to get the tanks hooked up, as well as labor, trenching, leak tests of lines and regulators to make the tanks operational and any required pumping of tanks in the case of tank movement or removal. All gas lines shall be buried in the ground at the time of installation. Trenches shall be filled in completely to insure buried LP line is free of ruts. The Contractor shall be responsible for contacting Digger’s Hotline to coordinate locates. The Contractor shall wait the required time before digging begins and complete digging within the timeframes specified by Digger’s Hotline.

6. A tank set up shall include the following: The connections shall be hooked up from the tank to the building which includes the first 10 feet of copper line. The line and regulators shall be tested for leaks and performance. The tank shall be filled and put into service. If the building does not have a concrete pad to place the LP tank on, the Contractor shall provide and place concrete blocks as part of the tank set up. The Government is responsible for installation of the 2nd stage regulator, but on occasion may not be able to install the 2nd stage regulator. In this case, by request from the POC or KO, the Contractor shall install the 2nd stage regulator. Any 2nd stage regulators purchased from and installed by the Contractor shall become the property of the Government. The Government owns the 2nd stage regulators to all buildings. On occasion, by request from the POC or KO, the Contractor shall install a drip leg and shut off valve. In the event of a tank set up, the Contractor shall respond to the POC within 4 hours of notification. The Contractor shall install propane tanks within 48 hours of notification.

7. A tank move shall include the following: the Contractor shall unhook tank. The Contractor shall pump tank if necessary. The Contractor shall move the tank to desired location. The Contractor shall ensure the connections are hooked up from the tank to the building which includes the first 10 feet of copper line. The line and regulators shall be tested for leaks and performance. The tank shall be filled and put into service. Any LP gas pumped from tanks as part of a tank move shall be relocated as directed by the POC or KO. When an LP tank is moved, the Contractor shall cap abandoned LP gas lines. The Contractor shall not be responsible for removing buried LP gas lines. In the event of a tank move, the Contractor shall respond to the POC within 4 hours of notification. The Contractor shall move propane tanks within 48 hours of notification.

8. A tank removal shall include the following: The Contractor shall unhook tank. The Contractor shall pump tank if necessary. The contractor shall remove the tank. Any LP gas pumped from tanks as part of a tank removal shall be relocated to another tank as directed by the POC or KO. As part of the tank removal, the Contractor shall pump the Contractor-owned LP tanks and deliver the LP gas to other tank locations on the installation as directed by the POC or KO. When an LP tank is removed, the Contractor shall cap abandoned LP gas lines. The Contractor shall not be responsible for removing buried LP gas lines. In the event of a tank removal, the Contractor shall respond to the POC within 4 hours of notification. The Contractor shall remove propane tanks within 48 hours of notification.

9. Copper line must be soft copper, type K or L, and satisfy the Specification for Seamless Copper Tubing and Refrigeration Field service and must have a minimum wall thickness of 0.032 inches. The Contractor shall use plastic pipe when requested by the POC or KO. The Contractor shall provide and install Uponor Aldyl UAC 2000 polyethylene pipe (or equivalent) for use with liquefied petroleum gas. When plastic pipe is requested by the POC or KO, the Contractor shall provide and install a riser, one at the LP tank and one at the facility. Any other parts or materials required when plastic pipe is used shall be included in the cost of the tank set up.

10. Tanks provided for the contract shall be maintained by the Contractor. Tanks shall be clean, rust-free and painted. Tank hoods shall be in full working condition with the ability to be secured by a padlock. All tanks placed or currently located at the installation shall be inspected to insure they are clean, rust-free and painted. All tanks placed or currently located at the installation shall be inspected to insure the tank hoods are in full working condition with the ability to be secured by a padlock.

11. The Contractor shall provide the Government the current listing or inventory of all the tanks with address/location, facility number, tank capacity, tank serial number within 30 days after transition/initial installation is completed.

12. After the transition/initial installation identified in paragraph 11 above, the Contractor shall provide an updated inventory/listing of all changes, such as address/location, facility number, tank capacity, tank serial number and/or new additional tanks installed by the Contractor in spreadsheet format and as requested by the POC within five (5) working days of the change or POC request.

13. The Contractor shall be responsible to contact the Fort McCoy Help Desk at 608-388-4357 at least 24 hours in advance to coordinate the snow removal required to access the LP tanks. Snow removal of roadways and parking areas for LP tanks will be completed by the Government under another contract. The Contractor shall remove snow from Contractor owned LP tanks at time of LP delivery. The Contractor shall be responsible to contact Range Control at 608-388-4848, Option #1 at least 24 hours in advance to coordinate access to ranges. The Contractor delivery personnel shall be required to establish an account in the Key Track system to obtain keys for access to secure areas requiring LP gas delivery.

14. The Contractor shall furnish all materials, supplies, tools, services, temporary work places and equipment to perform this contract, except for items specifically identified as Government Furnished.

15. The Contractor shall be held responsible for any cost incurred by the Government resulting from an interruption in gas supply, unless the interruption is caused by the Government or acts of nature not under the control of the Contractor (failure by the Contractor to maintain sufficient fill that results in a line freeze up and/or rupture is under the control of the Contractor and would not constitute an act of nature).

16. Maps that show the tank locations will be provided upon award. Quantities and location of tanks on Attachment 2 Tank List will vary as requirements change; based on the “set/move/remove” of tanks and associated CLINs. An annual update of the tanks list will be completed via email from the Contracting Office and included in the file for record. This update will be based on the contractor updates provided to the POC throughout the year as required in paragraphs 11 & 12 above.

17. The Contractor is required to provide LP tanks in sizes and numbers sufficient to provide service under the contract.

18. The Contractor shall inform and coordinate with POC or KO all work related to the relocation and movement of the propane tanks on the installation. If the Contractor receives a request for placement and movement of tanks from anyone other than the POC or KO, the Contractor shall refer the requesting party to the POC or KO.

19. The Government will provide a staging area for the Contractor to store gas and tanks being supplied to the installation. Storage of propane gas and tanks on the installation will be for the installation’s usage under this contract only. The Contractor’s storage tanks located at the staging area shall be clean, rust-free and painted.

20. All work associated with the contract shall occur during the hours of 7:00 AM to 3:30 PM, Monday – Friday excluding Federal Holidays, unless otherwise requested and approved by the Contracting Officer.

B. PHASE IN/PHASE OUT

1. The Contractor shall provide the Contracting Officer a finalized Phase In/Phase Out Plan with their quote. The Phase In/Phase Out plan shall include, but not be limited to, a scenario if the Contractor purchases the current tanks from the incumbent Contractor and a scenario if the Contractor cannot purchase the current tanks. The first scenario shall include, but not be limited to, inspection of all tanks, regulators and fittings to insure tanks are up to code with current regulations. The latter scenario shall include, but not be limited to, a plan of how tanks will be switched out, and how the LP gas will be transferred from the current tanks to the new tanks. Each scenario shall include a schedule for tank inspection and/or schedule to switch out tanks, a visual inspection of 2nd stage regulators and a safety plan.

2. The Contractor shall coordinate with the incumbent Contractor and the Government and participate in a Phase In/Phase Out meeting within the first two weeks of the Phase In performance period to execute the transition/initial installation of propane gas tanks. The newly awarded contractor will be required to begin full performance one month after the date of the contract (see periods of performance for the Phase In and Base Period CLINs). During the Phase In/Out period, the newly awarded contractor will take full responsibility for tank fills once they place their tanks or buy the tanks from the previous contractor.

3. The Contractor shall execute and complete the transition/initial installation with the incumbent Contractor and make sure that the supply of gas to the installation is not interrupted.

C. INVOICE AND BILLING INFORMATION

1. The Contractor shall deliver all daily fill tickets to POC by the end of each delivery day. Delivery tickets shall include date and time of delivery, address/location, facility number, tank serial number, gallons delivered, cost per gallon, total charge and tank level (typically 80%). A meter ticket shall be included for each delivery showing a starting meter reading and ending meter reading, giving a total number of gallons pumped for the location.

2. In order to initiate payment, the Contractor shall submit proper invoices and supporting documentation for reimbursement in the manner and format described herein. The Contractor shall supply monthly invoices that detail current monthly charges only, including copies of delivery tickets. One original invoice shall be submitted on a monthly basis to the POC, Directorate of Public Works, Fort McCoy WI. Failure to provide the required information shall be cause for rejection of the invoice. The following data must be included on the monthly invoice for it to constitute a proper invoice:

· Name and address of Contractor

· Invoice date and invoice number

· Contract number and delivery order/ordering officer order number

3. The current monthly charges only shall be included on the monthly invoice in spreadsheet format and shall include description, location of delivery or service, serial number of tank for each delivery, date of delivery or service, quantity of supplies or services actually delivered or performed, unit of measure, unit price, and extended price of supplies delivered or services performed. Any previously billed items and/or services included on the current monthly invoice shall constitute an improper invoice and be cause for rejection of the invoice. The invoice charges shall be for the current monthly billing cycle only.

4. The invoice provided by the Contractor will be validated by the POC prior to entry into Wide Area Workflow (WAWF) by the Contractor. After the invoice is validated, the Contractor shall submit invoices and receiving reports in electronic format through WAWF for formal delivery orders issued by the contracting office; or a receiving report only for Ordering Officer orders.

5. The Contractor shall be responsible to ensure that the quantity and funding allocated to the contract are not exceeded. The Government pays only for the actual quantities ordered and received.

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES.

1. This provision/contract text is for contractor employees with an area of performance as defined by Fort McCoy Pamphlet 190-13.8 (Installation Access Control), will add the following language in the PWS. "The contractor and all associated subcontractors’ employees shall provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. The contractor and all associated subcontractors’ employees shall also comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. The Government may require monthly participation in the Installation Random Antiterrorism Program".

Delivery of LP Ordering Period 1

FFP

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver LP Gas to Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/20 - 10/31/21.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

ADDITIONAL MARKINGS: POC: Brandon Gronau, 608-388-6521

PSC CD: 9130

MAX

NET AMT

$169,650.00

Set/Move/Removal of LP Tanks Order. Pd 1

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to set/move/remove LP Gas Tanks at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/20 - 10/31/21.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$9,900.00

Delivery of LP Ordering Period 2

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver LP Gas to Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/21 - 10/31/22.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$169,650.00

Set/Move/Removal of LP Tanks Order. Pd 2

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to set/move/remove LP Gas Tanks at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/21 - 10/31/22.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$9,900.00

Delivery of LP Ordering Period 3

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver LP Gas to Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/22 - 10/31/23.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$198,650.00

Set/Move/Removal of LP Tanks Order. Pd 3

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to set/move/remove LP Gas Tanks at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/22 - 10/31/23.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$9,900.00

Delivery of LP Ordering Period 4

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver LP Gas to Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/23 - 10/31/24.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$205,900.00

Set/Move/Removal of LP Tanks Order. Pd 4

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to set/move/remove LP Gas Tanks at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/23 - 10/31/24.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$9,900.00

Delivery of LP Ordering Period 5

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to deliver LP Gas to Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/24 - 10/31/25.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$220,400.00

Set/Move/Removal of LP Tanks Order. Pd 5

Contractor shall provide all tools, labor, equipment, supervision, transportation, and materials necessary to set/move/remove LP Gas Tanks at Fort McCoy, WI, in accordance with the Statement of Work and terms and conditions of the solicitation and resultant contract. This CLIN is for the period of 11/1/24 - 10/31/25.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

MAX

$9,900.00

Phase Out

The Contractor shall make and execute any necessary preparations needed in order to transfer full operation of supplying LP Gas to Fort McCoy, WI to newly awarded contractor, no later than October 31, 2025. See Statement of Work for Phase-Out information. Phase Out POP is October 1, 2025 through October 31, 2025.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011433479-0004

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-OCT-2021

DIRECTORATE OF PUBLIC WORKS

2171 SOUTH 8TH AVE

FORT MCCOY WI 54656

FOB: Destination

W5CD3E

31-OCT-2021

W5CD3E

31-OCT-2022

W5CD3E

31-OCT-2022

W5CD3E

31-OCT-2023

W5CD3E

31-OCT-2023

W5CD3E

31-OCT-2024

W5CD3E

31-OCT-2024

W5CD3E

31-OCT-2025

W5CD3E

31-OCT-2025

W5CD3E

31-OCT-2025

W5CD3E

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

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

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

X (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 (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 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 (MAR 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 (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

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

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

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

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 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 (MAR 2020) (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 (OCT 2015)(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 (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (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).

____ (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.)

X (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 (DEC 2007) (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 (AUG 2011) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (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 (JUNE 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) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

X (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

X (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (60) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (62)(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. 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.

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

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

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

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

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

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards…