Amend0005-W912C320R0001-Recycling-20200114.pdf

0011411853

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

a. The purpose of this Amendment is as follow s:

1. The solicitation requirement is changed from 100% small business set-aside to Unrestricted. Any w ording in the Solicitation refering to 100% small business set-aside is changed to unrestricted.

2. The date and time for receipt of proposals is extended to 14 February 2020; 10:00 am local Puerto Rico time.

b. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 14-Jan-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912C320R0001

X 9B. DATED (SEE ITEM 11)

21-Nov-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

14-Jan-2020

CODE

MICC - FT BUCHANAN

FT BUCHANAN

DIRECTORATE OF CONTRACTING

34 SOUTH GATE RD, STE 1104

FORT BUCHANAN PR 00934-4206

W912C3 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912C320R0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

SITE VISIT QUESTIONS

The following questions were submitted in response to the Site Visit for Recycling Solicitation W912C3-20-R-0001 performed on 10 December 2019 at 9:00AM. The respective answers are identified below each question.

1‐ Question: The "RFP" refers to glass as a recyclable material. During our site inspection, we could not see glass in any of the containers. Is it mandatory to handle it? At this moment, we don't handle glass, it's not currently being recycled.

Answer: No need to consider the glass for recycling since it is not currently recycled in Puerto Rico. Since the potential recyclable items (paper, plastic, cans, etc.) are all mixed, there is still the possibility of finding glass items, which in this case can be disposed of as regular waste.

2‐ Question: Do you have material volume metrics of all recovered recyclables in the last three years?

Answer: We do have that information but we do not consider that as relevant information to be disclosed for the contractor awareness since that is historical data that will not impact the requested service as scope.

3‐ Question: Could you recommend a company or staff to hire, advice and/or help at the time of submitting all documentation? This is our first time submitting and want to comply correctly with all your requirements.

Answer: Federal Contracting Center:

The Puerto Rico Federal Contracting Center (FeCC), a Procurement Technical Assistance Center (PTAC), is a division of the Puerto Rico Industrial Development Company (PRIDCO) focused in assisting local businesses to sell their goods and services to the federal government. FeCC is part of a nationwide network of Procurement Technical Assistance Centers, a DoD funded program through cooperative agreements to assist US businesses in pursuing federal procurement opportunities.

FeCC services are provided at no cost to any business located in any of Puerto Rico’s distressed areas that is interested in selling their products or services to the Federal Government.

Any qualified business that has potential and interest to sell to the federal government is welcome to apply for our services.

Federal Contracting Center website: https://www.federalcontractingpr.com/

Note: This is only a recommendation. Vendors are still responsible for ensuring their proposal is complete, in accordance with the solicitation and is received before date and time indicated in the solicitation (or amendment issued). Failure to do so may rendered their proposal not eligible for further consideration for award.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 16-Jan-2020 10:00 AM to 14-Feb-2020 10:00 AM.

The following have been modified:

ADDENDUM TO FAR 52.212-1

Instructions to Offerors-Commercial Items

INSTRUCTIONS, CONDITIONS, AND NOTICES TO PROPOSALS

A. Submittal and Inquiries.

1. Proposal Submission Instructions. Proposals shall be submitted electronically via email and are due no later than the date specified at Block 9 of the 1449 (or as amended) and must conform to the requirements of this Request for Proposal (RFP) and its attachments. RFP responses shall be submitted prior to the closing date and time identified above electronically through email to the Contract Specialist Grace Gonzalez at grace.m.gonzalez9.civ@mail.mil and the Contracting Officer, maria.d.otero4.civ@mail.mil. It is the Offeror’s responsibility to assure its proposal is received by the date and time specified above. In accordance with FAR 15.208, if your proposal is not received to the Government (received through the email) by the exact date and time specified above, it will be determined late and may not be evaluated. Proposal, as the term is used here, means Volumes I and II (as indicated below) and/or parts of the RFP.

Offerors are hereby notified that the Government will not reimburse costs incurred for proposal preparation.

If hand carried or mailed proposals should be received at the below address on or before date and time specified on the SF 1449 or as amended. Ensure you add the Request for Proposal (RFP) Number and description as indicated below address.

Mission and Installation Contracting Command 419th Contracting Support Brigade MICC-Fort Buchanan Attn: Grace Gonzalez, Contract Specialist 34 South Gate Road, Suite 1104 Fort Buchanan PR 00934

RFP W912C320R0001, Recycling Services at Fort Buchanan Puerto Rico

2. Electronic submissions via facsimile will not be accepted.

3. The point of contact responsible for supplying additional information and answering all inquiries is

Grace Gonzalez, Contracting Specialist: Tel: 787-707-2487, email: grace.m.gonzalez9.civ@mail.mil. All questions regarding this solicitation shall be submitted in writing no later than 3:00 PM on Friday, November 29, 2019 via email to grace.m.gonzalez9.civ@mail.mil with a copy to maria.d.otero4.civ@mail.mil.

B. General Instructions

1. The requirement will be issued, evaluated and awarded utilizing the Federal Acquisition

Regulation (FAR), Defense Federal Acquisition Regulation (DFAR), Army Federal Acquisition Regulation (AFAR) procedures in conjunction with Standard Operating Procedures.

2. The Proposal. The submission of the documentation specified below will constitute the offerors acceptance of the terms and conditions, concurrence with the Performance Work Statement (PWS), and contract type (Firm-Fixed Price).

Contractor shall submit, with the proposal package, a cost breakdown to support the total proposed price for the contract. Breakdown shall be included for Base and each Option Period. The attached Format for breakdown submission shall be used.

3. The government intends to evaluate proposals and may award a contract without discussions.

However, the government reserves the right to conduct discussions if determined by the CO to be necessary.

Therefore, each initial offer should contain the contractor’s best proposal from both a price and a technical standpoint.

4. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the Contract Specialist Grace Gonzalez, in writing, with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial Proposal, as received, without discussion.

5. All referenced documents for this solicitation are available on the Federal Business Opportunities

(FedBizOpps) website at https://www.fbo.gov. Offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation. If any necessary documents are not available on FEDBIZOPPS, please notify the Contract Specialist.

6. Offer expiration date. Proposals in response to this solicitation will be valid for 90 days from Offer due for this solicitation, block 8 of the cover SF 1449, as amended.

c. Contract Award:

EXTREMELY IMPORTANT- ENSURE YOU READ ALL INFORMATION REGARDING

CONTRACT AWARD AND ALL UNDER FAR 52.212-2 AND ITS ADDENDUM. ENSURE YOU

COMPLY WITH ALL REQUIRED TO BE SUBMITTED WITH YOUR OFFER. ANY

QUESTIONS, PLEASE CONTACT THE CONTRACT SPECIALIST OR CONTRACTING

OFFICER

1. Award will be based on the lowest evaluated price of proposals received that meet, or exceed, the acceptable standards of the non-price factors identified in the solicitation IAW FAR 15.101-2(b)(3). All proposals received will be evaluated for technical acceptability.

This acquisition shall utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. This is a competitive LPTA best value source selection in which technical acceptability is considered the most important factor.

By submission of its offer, the offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

All technically acceptable offerors shall be treated equally except for their prices.

Failure to meet a requirement may result in an offer being determined technically unacceptable.

The government intends to select ONE contractor for award of this effort.

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical Acceptability (Acceptable/Unacceptable)

Adjectival Rating Description Acceptable: Proposal meets the requirements of the solicitation.

Unacceptable: Proposal does not meet the requirements of the solicitation.

Sub-Factor 1 – Technical Approach Sub-Factor 2 – Technical Capability (Past Experience)

FACTOR 2 Price Evaluation:

The contract type is Firm-Fixed-Price (FFP).

2. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of not meeting the Performance Work Statement requirements, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

3. Source Selection Decision:

The government shall choose the lowest, realistically priced, responsive proposal, from contractors with acceptable technical capability.

“As part of price evaluation, the government will evaluate its option to extend services (see FAR clause 52.217-8) by adding a six month period to the offeror's total price. Thus, the offeror’s total price for the purpose of evaluation will include the Base Period, First Option, Second Option, Third Option, Fourth Option Period and a Six Month Period using the price, the bidder incorporated for the Fourth Option period.

The Contractor shall not submit a price for the potential six month period ‘Extension of Services Period’.

d. Proposal Preparation Instructions

a. Offeror’s proposal shall consist of Two (2) separate volumes:

1. VOLUME I: Technical Approach Sub-Factor 1 – Technical Approach Sub-Factor 2 – Technical Capability (Past Experience)

2. VOLUME II: Price – Base Period First Option Second Option Third Option Fourth Option

CLIN Unit prices shall not exceed two decimal places (example: $2.00 (acceptable)/$2.4567(not acceptable)).

Contractor shall submit, with the proposal package, a cost breakdown to support the total proposed price for the contract.

ADDENDUM TO FAR 52.212-2

Evaluation-Commercial Items

LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) EVALUATION

FACTORS FOR AWARD

A. BASIS FOR CONTRACT AWARD: This acquisition shall utilize Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR 15.101-2, as supplemented. This is a competitive LPTA best value source selection in which technical acceptability is considered the most important factor.

By submission of its offer, the offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.

All technically acceptable offerors shall be treated equally except for their prices.

Failure to meet a requirement may result in an offer being determined technically unacceptable.

The government intends to select ONE contractor for award of this effort.

For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical Acceptability (Acceptable/Unacceptable)

Adjectival Rating Description Acceptable: Proposal meets the requirements of the solicitation.

Unacceptable: Proposal does not meet the requirements of the solicitation.

Sub-Factor 1 – Technical Approach

The offeror shall provide its Technical Approach to meeting the requirements outlined in the Performance Work Statement (PWS). Measures of merit for this factor are met when the offeror's technical approach demonstrates the following:

a. Demonstrate the ability to fulf i l l and comply with the following specif ic requirements* of the Performance Work Statement.

1. Able to provide 49 Dumpsters (6 Cubic Yards each) within 10 Calendar days of award

2. Weekly frequency of Service

3. 4 Special Events (2 additional Dumpsters at each event (6 Cubic Yards each))

4. Able to perform weekly Mobile Toter Pickup of 56 Dumpsters (50gal each) immediately after award

5. Offerors must provide and have a valid and approved non-hazardous solid waste transportation permit/license from the Puerto Rico Environmental Quality Board (EQB).

6. Offerors must provide and have a valid and approved state or local recycling Material

Recovery Facility permit/license from the Puerto Rico Environmental Quality Board

(EQB).

Sub-Factor 2 – Technical Capability (Past Experience)

a. The Offeror shall submit a narrative including Description of work, Contract amount, Person of contact, and telephone number that demonstrates at least one (1) year of related experience as the prime contractor or service provider in Recycle contract value at $250,000 or more.

* Note: Contractor shall comply with all requirements in the Performance Work Statement. However, for demonstrating knowledge and ability to meet specific requirements, the above are required.

FACTOR 2 Price Evaluation:

The government shall conduct a Price evaluation of all technically acceptable offers:

Example:

CLIN TITLE QTY UNIT PRICE TOTAL PRICE

0001 Services 2 $1,000.00 $2,000.00

0002 Services II 2 $3,000.00 $6,000.00

0003 Contractor Manpower Reporting 1 $0.00 $ 00.00

1001 Option Services 2 $1,050.00 $2,100.00

1002 Option Services 2 $3,050.00 $6,100.00

1003 Option Contractor Manpower Reporting 1 $0.00 $ 00.00

TOTAL EVALUATED PRICE:

The Total Evaluated Price is the sum of the all proposed Contract Line Item Numbers (CLINs) for the Base and each Option Period.

Contractor shall submit, with the proposal package, a cost breakdown to support the total proposed price for the contract.

The contract type is Firm-Fixed-Price (FFP).

B. Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of not meeting the Performance Work Statement (PWS) requirements, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

C. Source Selection Decision:

The government shall choose the lowest, realistically priced, responsive proposal, from contractors with acceptable technical capability.

As part of price evaluation, the government will evaluate its option to extend services (see FAR clause 52.217-

8) by adding another six month period to the offeror’s total price. Thus, the offeror’s total price for the purpose of evaluation will include the base period, first option, second option, third option, fourth option and a six month period using the price the offeor incorporated for the last option period used.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

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

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

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

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

$16,200.00

(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).

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

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 (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

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

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

657f).

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

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

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

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

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

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

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

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

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

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

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

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

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

13513).

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

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

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

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

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

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

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

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

X (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).

X (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 (Aug 2018), (41 U.S.C. chapter 67).

(xiv) X (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(End of Summary of Changes)