W9124D22Q0115 U00002 Solicitation Amendment_Conformed_6 Dec 2022.pdf

SEE ADDENDUM

(No Collect Calls)

W9124D22Q0115 27-Oct-2022

b. TELEPHONE NUMBER

502-624-8071

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 09 Dec 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9124D9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

COREY A. SMITH

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011739089-0001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MISSION AND INSTALLATION CONTRACTING CMD

MICC FORT KNOX

BLDG 1109B STE 250

199 6TH AVE

FORT KNOX KY 40121-5720

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W56SKA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ACCESSIONS DISTRIBUTION CENTER

LORA BRADFORD

BLDG 210 9TH CAVALERY REGIMENT AVE.

FORT KNOX KY 40121

TEL: (502) 626-0981/0689 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

315990

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF41

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9124D22Q0115

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SOLICITATION INSTRUCTIONS

Firm Fixed Price Requirements Type Contract (RTC) for delivery orders of Baseball Caps with custom logos for the Army Marketing and Research Group (AMRG) at Fort Knox, Kentucky for a base period and two (2) one-year option periods.

In accordance with (IAW) DFARS 225.7002-1 and DFARS Clause 252.225-7012, this solicitation is subject to the Berry Amendment. Due to the procured items qualifying as textile, this requirement is subject to and offerors shall be compliant with the Berry Amendment. The Berry Amendment restricts the Department of Defense (DoD) from procuring certain items that are not grown, produced, reprocessed or reused in the United States (U.S.). In order to be Berry Amendment compliant, ALL processing/manufacturing of this product, and its components, must be done in the United States and ALL of the material must be domestically sourced. The end items, components and materials must be wholly of U.S. origin. This requirement for domestic origin flows down through all tiers of suppliers. The prime contractor is responsible for verifying the source of all materials and components from proposed subcontractors or suppliers.

Accordingly, offeror MUST:

(1) Submit a list of proposed subcontractors or suppliers, including addresses, and

(2) Provide an affirmative statement that the prime contractor has verified and confirms that all processing/manufacturing of the end item, including components, is done in the U.S and all materials are wholly of U.S. origin for this requirement.

THE OFFERER IS ADVISED THAT FAILURE TO SUBMIT A LIST OF PROPOSED

SUBCONTRACTORS OR SUPPLIERS OF ANY AND ALL COMPONENTS AND

MATERIALS MAY RESULT IN SUBMITTED QUOTE BEING CONSIDERED NON-

RESPONSIVE AND NOT ELIGIBLE FOR AWARD.

NOTICE PERTAINING TO THE BERRY AMENDMENT. THE GOVERNMENT IS

AGGRESSIVELY PURSUING THE ENFORCEMENT OF THE BERRY AMENDMENT.

AS A RESULT, PRODUCTS ARE BEING MORE CLOSELY SCRUTINIZED PRIOR

TO AWARD AND UPON DELIVERY TO ENSURE THAT WHEN A DOMESTIC

PRODUCT IS REQUIRED BY REGULATION, A DOMESTIC PRODUCT IS BEING

DELIVERED. CONTRACTORS WHO FALSELY VERIFY PRODUCTS AND THEN

EITHER DELIVER NON-COMPLIANT PRODUCT OR CLAIM TO HAVE THE

INCORRECT PRODUCT JUST PRIOR TO THE DELIVERY DUE DATE ARE BEING

TERMINATED FOR CAUSE/DEFAULT AND CRIMINAL FRAUD

CHARGES ARE BEING FILED. CONTRACTORS MAY ALSO BE DEBARRED AND

EXCLUDED FROM FUTURE COMPETITION FOR GOVERNMENT CONTRACTS.

If requested, the contractor shall provide confirmation of compliance with all applicable manufacturing and sourcing requirements within 24 hours of notification of award.

OFFEROR SHALL COMPLETE THE FOLLOWING INFORMATION:

UNIQUE ENTITY IDENTIFIER: ________________________________

CAGE CODE: ______________________________________________

FED TAX ID#: ______________________________________________

POINT OF CONTACT: _______________________________________

PHONE NO: _______________________________________________

E-MAIL ADDRESS: __________________________________________

PROMPT PAYMENT TERMS: __________________________________

NOTES:

1. All offerors shall be registered in the System for Award Management (SAM) to be eligible for award of a contract. Offerors shall ensure SAM registration is active and shall not assume that Central Contractor Registration (CCR) information automatically migrated to the SAM system. The official SAM website is https://www.sam.gov/portal/public/SAM/. Contractors are encouraged to complete SAM registration as soon as possible. The government may not delay award for the purpose of allowing a contractor time to register in SAM.

2. Offeror must submit any questions regarding this solicitation in writing to the contract specialist. Questions concerning this request for quote (RFQ) shall be submitted in writing to the contract specialist no later than 10:00 AM on 18 November 2022 in order to allow a written response prior to the due date (see block 8 on the SF1449, or the latest issued amendment).

No remarks or written responses to questions by government personnel shall change or qualify any of the terms or conditions of this RFQ. The RFQ can only be changed by a formal written amendment issued by Mission and Installation Contracting Command (MICC) Center – Fort Knox.

Questions concerning this RFQ shall be emailed to corey.a.smith16.civ@army.mil and richard.a.stanforth.civ@army.mil.

3. Amendments (SF-30): All amendments, if any, will be posted at SAM.gov. It is the offeror’s responsibility to check for and acknowledge all amendments.

4. ALL QUOTES SHALL INCLUDE TWO (2) PRE-AWARD SAMPLES OF EACH

ITEM: Contractor to provide two samples of each item that will be produced at time of quote submission. Samples must be representative of actual items being quoted with the exception that they need not include the specific imprint. They should however include some imprint representative of what ultimately will be produced. In addition, a mock-up proof of the imprint copy of any suitable material shall be submitted. It must look and be positioned exactly as the imprint will be on the final product. This is to ensure imprint is the correct copy, typestyle, size, spacing and position before actual production begins.

Samples shall be sent to:

MICC – Fort Knox ATTN: Richard Stanforth 199 6th Ave., Suite 250 Fort Knox, KY 40121-5720

5. All quotes shall be submitted in writing to Corey Smith via e-mail at corey.a.smith16.civ@army.mil and Richard Stanforth at richard.a.stanforth.civ@army.mil. Quotes shall be submitted no later than the time specified for receipt (see block 8 on the SF1449, or the latest issued amendment)

6. BASIS OF AWARD. Award will be made in the aggregate to the lowest priced, responsive, responsible offeror.

A. Quote submitted on a basis other than F.O.B. destination may be rejected as non-responsive.

B. Offeror shall submit all unit prices to the whole penny; any fractions will be rounded to the next higher whole penny per unit for evaluation and award purposes. Should a discrepancy exist between the unit prices and extensions, unit price governs.

C. Failure to submit a quote on all items may render the quote non-responsive.

D. Failure to provide supplier listing to allow confirmation of domestic (U.S.) origin of end product, components and materials may render the quote non-responsive.

7. All times stated reflect Fort Knox, KY Local/Eastern Time.

QUESTIONS AND ANSWERS

Q1: Can you provide the last vendor and pricing that won the same type of notice?

A1: Previous contract, Contract No. W9124D-20-D0001, was awarded to Federal Prison Industries, Inc.

in the amount of $3,003,264.

Q2: Do the hats need to be MADE in the USA?

A2: Yes. All supplies and materials must be sourced, and production performed in the US to be in compliance with the Berry Amendment per the solicitation.

Q3: Does the yarn for embroidery need to be made in the USA?

A3: Yes. See Question / Answer 2.

Q4: If the hat was made in in a different country and the yarn in a different country, but produced and assembled (final product) completed here in the USA, is that sufficient?

A4: No. See Question / Answer 2.

Q5: Are there any guidelines of pricing in the past that have won similar contracts?

A5: No. It is the responsibility of the offeror to establish their proposed pricing. Previous contract information is provided in Question / Answer 1.

Q6: When is the last day to ask questions and when will answers be released?

A6: As referenced on page 4 of the solicitation, the deadline to submit questions was 18 November 2022.

Q7: How do we acquire information from the previous bid?

A7: No prior bid information is available. See Question / Answer 1 for previous contract information.

Q8: What are the differences between the previous RFP and this one?

A8: The specifications and quantities required have changed.

Q9: How do we acquire historical data?

A9: See Question / Answer 1.

Q10: What are the logo files available for the embellishment, do you have an EPS or AI format already?

A10: No, logo embroidery files will not be provided to offerors. Offerors are required to create their own hat logo embroidery files based on the information contained in the specifications.

Q11: Are alternatives acceptable? If so, what is the process of acceptance?

A11: This question is unclear. The hats must conform to the specifications set forth in the solicitation.

Q12: Can the product be split shipped?

A12: Delivery quantities and schedules will be determined when delivery orders are issued against the award. See Clause 52.216-18 ORDERING and 52.216-19 ORDER LIMITATIONS.

Q13: Are there any supply chain accommodations?

A13: This question does not adequately explain potential issues that may require accommodations to allow an answer.

Q14: What are the payment terms?

A14: See Clause 252.232-7006 WIDE AERA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) on pages 24 and 25 of the solicitation. Offeror is to submit their payment terms if different than Net 30 days.

Q15: How will invoices be submitted?

A15: See Clause 252.232-7006 WIDE AERA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) on pages 24 and 25 of the solicitation.

Q16: Estimated value of award?

A16: Government estimates are not provided.

Q17: What is the insurance requirement for the awardee? When does it have to be presented?

A17: There is no insurance requirement.

Q18: Can the contract agreement be extended?

A18: No. In accordance with the solicitation, the resulting contract will be for a one-year base period with two, one-year option periods.

Q19: Is there a points system being applied to determine the awardee?

A19: No. Award will be made in the aggregate to the lowest priced, responsive, responsible offeror.

Failure to submit a price on all items will render the quote non-responsive.

Q20: If XBE (MBE,SDB,8(a),DBE) participation is required, how does it apply to this bid?

A20: This question is unclear. This solicitation is not set aside for any small business category. This solicitation is unrestricted. See page 1 of the solicitation.

Q21: What XBE certifications are being considered in this bid?

A21: None. This solicitation is unrestricted. See page 1 of the solicitation.

Q22: Are there some exceptions to this solicitation for PPI? ex: Hats can be produced in China and embroidery completed in USA?

A22: This question is unclear. All hats must comply with the Berry Amendment. See Question / Answer 2.

Q23: Will my company be required to create the hat embroidery files or will they be provided to us by your office?

A23: Offerors are required to create their own hat embroidery files based on the information contained in the specifications.

Q24: What format do the quotes need to be in?

A24: Offerors are required to complete all sections and sign the solicitation acknowledging acceptance of all terms and conditions per the Instructions To Offerors as referenced on page 3 of the solicitation.

Q25: Is the total number of hats needed 210,000?

A25: The total quantity of hats that can be ordered per ordering period is 210,000. The maximum quantity of hats that can be ordered for all ordering periods combined is 630,000 (base and two option periods). Delivery quantities and schedules will be determined when delivery orders are issued against the award. See Clause 52.216-18 ORDERING and 52.216-19 ORDER LIMITATIONS.

Q26: Do you take into consideration samples from our line? Or will the hats requested need to be in the scope of work that is outlined?

A26: The pre-award samples must meet the requirements of the specifications, but do not have to be embroidered per the solicitation.

Q27: With the quantities being so large, what is the estimated time you will need these items?

A27 See Question / Answer 12.

Q28: If we cannot use our design for the final product, will you still accept the samples as reference?

A28: See Question / Answer 26.

Q29: Do you have any history of past task order quantities for these items? How many task orders per year do you anticipate?

A29: See Question / Answer 12.

Q30: I do understand this will be a two-year contract but I would like to know how many products (hats) will you be requesting to be created and shipped out every month.

A30: It is incorrect to describe the resulting contract as a “two-year contract”. The resulting contract will be for a one-year base period with two, one-year option periods. See Question / Answer 12 for information regarding shipments.

Q31: For one of the hats you gave an example style (BuckWholesale.com item # 5216), but for the other hat styles, just a description. Is there a style example available? Was this previously awarded in a previous year that there might be an example picture of the hats?

A31: There are no examples or example pictures of other hats.

Q32: Just to confirm, these items MUST be made in USA of USA components?

A32: Yes. See Question / Answer 2.

Q33: I am having trouble making the logos correspond to the dimensions requested in the bid without distorting them. For instance, the US Army logo I can size at 2” wide X 2.75” tall, but the bid requests 2.75” x 1.75”. Is this close enough or is there artwork that will match these dimensions exactly. I am also having difficulty find the US Army Bold font online in a format for my digitizer.

A33: The hats submitted by offerors must conform with the specifications set forth in the solicitation. The specifications provide that logos shall be approximately 2 ¾” H x 1 ¾” W.

Q34: I am reaching out because my manufacturing company is looking for documentation of licensing rights to manufacture the products with your company logos on them. Is this something you can provide me with?

A34: Logo licensing is provided in the Award process.

Q35: Is it frowned upon for me to partner with one of my overseas facilities to fulfill these quantities at a reasonable cost?

A35: See Question / Answer 2.

Q36: How are the quantities divided annually and monthly? When is the start ship date for the first shipment? What is the breakdown by styles/date for each shipment?

A36: Delivery quantities and schedules will be determined when delivery orders are issued against the award. See Clause 52.216-18 ORDERING and 52.216-19 ORDER LIMITATIONS.

Q37: What was the awarded pricing for the previous bid?

A37: Bid information will not be provided. See Question / Answer 1 for previous contract information.

Q38: Was previous bid Berry Amendment compliant also?

A38: Bid information will not be provided. The awardee of the previous contract was Berry Amendment compliant.

Q39: Do the pre-award samples have to match the color of the pre-production samples?

A39: Yes.

Q40: Can random logos suffice for pre-award samples?

A40: Yes.

Q41: Are each of the sample sets of ball caps required to be packaged and boxed separately as required in the actual fulfillment of the contract?

A41: All pre-award samples may be packaged and submitted together.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 75,000 Each National Guard Hats

FFP

National Guard Hats - Base Period FOB: Destination

PURCHASE REQUEST NUMBER: 0011739089-0001

PSC CD: 8305

NET AMT

0002 75,000 Each US Army Hats

FFP

US Army Hats - Base Period FOB: Destination

0003 50,000 Each ROTC Hats

FFP

ROTC Hats - Base Period FOB: Destination

0004 10,000 Each Reserve Hats

FFP

Reserve Hats - Base Period FOB: Destination

1001 75,000 Each OPTION National Guard Hats

FFP

National Guard Hats - Option Period 1 FOB: Destination

1002 75,000 Each OPTION US Army Hats

FFP

US Army Hats - Option Period 1 FOB: Destination

1003 50,000 Each OPTION ROTC Hats

FFP

ROTC Hats - Option Period 1 FOB: Destination

1004 10,000 Each OPTION Reserve Hats

FFP

Reserve Hats - Option Period 1 FOB: Destination

2001 75,000 Each OPTION National Guard Hats

FFP

National Guard Hats - Option Period 2 FOB: Destination

2002 75,000 Each OPTION US Army Hats

FFP

US Army Hats - Option Period 2 FOB: Destination

2003 50,000 Each OPTION ROTC Hats

FFP

ROTC Hats - Option Period 2 FOB: Destination

2004 10,000 Each OPTION Reserve Hats

FFP

Reserve Hats - Option Period 2 FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government

2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JAN-2023 TO

31-DEC-2023

N/A ACCESSIONS DISTRIBUTION CENTER

LORA BRADFORD

BLDG 210 9TH CAVALERY REGIMENT

AVE.

FORT KNOX KY 40121

(502) 626-0981/0689 FOB: Destination

W56SKA

0002 POP 01-JAN-2023 TO

31-DEC-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JAN-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2024 TO

31-DEC-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JAN-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2025 TO

31-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JAN-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.204-1 Approval of Contract DEC 1989 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-4 First Article Approval--Government Testing SEP 1989 52.210-1 Market Research NOV 2021 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-3 Offeror Representations and Certifications JAN 2005 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-2 Service Of Protest SEP 2006 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

N/A (5) [Reserved]

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

N/A (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

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

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

N/A (10) [Reserved]

N/A (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

N/A (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

N/A (13) [Reserved]

N/A (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

N/A (ii) Alternate I (MAR 2020) of 52.219-6.

N/A (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

N/A (ii) Alternate I (MAR 2020) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

XX (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

N/A (ii) Alternate I (NOV 2016) of 52.219-9.

N/A (iii) Alternate II (NOV 2016) of 52.219-9.

N/A (iv) Alternate III (JUN 2020) of 52.219-9.

N/A (v) Alternate IV (SEP 2021) of 52.219-9.

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

N/A (ii) Alternate I (MAR 2020) of 52.219-13.

N/A (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

N/A (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

N/A (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

N/A (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

N/A (ii) Alternate I (MAR 2020) of 52.219-28.

N/A (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

N/A (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 (SEP 2021) (15 U.S.C. 637(m)).

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

N/A (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

N/A (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

N/A (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

N/A (ii) Alternate I (FEB 1999) of 52.222-26.

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

N/A (ii) Alternate I (JUL 2014) of 52.222-35.

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

N/A (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

N/A (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

N/A (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

N/A (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.)

N/A (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.)

N/A (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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

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

N/A (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

N/A (ii) Alternate I (OCT 2015) of 52.223-13.

N/A (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

N/A (ii) Alternate I (JUN 2014) of 52.223-14.

N/A (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

N/A (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

N/A (ii) Alternate I (JUN 2014) of 52.223-16.

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

13513).

N/A (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

N/A (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

N/A (ii) Alternate I (JAN 2017) of 52.224-3.

N/A (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

XX (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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.

N/A (ii) Alternate I (JAN 2021) of 52.225-3.

N/A (iii) Alternate II (JAN 2021) of 52.225-3.

N/A (iv) Alternate III (JAN 2021) of 52.225-3.

N/A (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

N/A (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).

N/A (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

N/A (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

N/A (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

N/A (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

N/A (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

N/A (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

N/A (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

N/A (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

N/A (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

N/A (ii) Alternate I (APR 2003) of 52.247-64.

N/A (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

N/A (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

N/A (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

N/A (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

N/A (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

N/A (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

N/A (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

N/A (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

N/A (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

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

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

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

(xiii) XX (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 January 2023 through 31 December 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of 75,000;

(2) Any order for a combination of items in excess of 210,000; or

(3) A series of orders from the same ordering office within two (2) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order…