Amendment_0001_W912D0-19-R-0016_Dining_Facility_Attendant_Services.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

See Summary of Changes

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 20-Jul-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912D019R0016

X 9B. DATED (SEE ITEM 11)

18-Jul-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 is extended, X is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

20-Jul-2019

CODE

REGIONAL CONTRACTING OFFICE - ALASKA

1064 APPLE STREET

FORT WAINWRIGHT AK 99703

W912D0 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912D019R0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

CONTACT INFORMATION

General Information:

Government Points of Contact:

RCO POC: Contract Specialist: MAJ Ryan Oliver

TEL: 907-353-7787 (DSN: 317)

E-mail: ryan.e.oliver.mil@mail.mil

Contracting Officer: Mrs. Tricia Hutcherson

TEL: 907-353-7390 (DSN: 317)

E-mail: patricia.j.hutcherson.civ@mail.mil

Short Description of Requirement: Dining Facility Attendant (DFA) Services in support of the Logistics Readiness Center (LRC) and Bassett Army Community Hospital (BACH)

SUMMARY OF CHANGES: The purpose of this amendment is as follows:

1. Added the following provisions by reference:

52.237-1 Site Visit APR 1984

2. Modify the addenda and include site visit information.

ADDENDA

Addendum to provision 52.212-1:

The following shall apply to this solicitation in addition to those terms and conditions in FAR provision 52.212-1.

The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (b) - A single contract will be awarded on an ALL OR NONE basis. Any exceptions made to any of the items and conditions of the offer must be stated in a separate letter of transmittal that is to accompany the offer.

The person signing the proposal must initial any erasures, cross outs or changes made. All information should be typed or neatly in ink. Exceptions, as offered, if accepted by the Government, become part of the contract.

Paragraph (c) - Period for Acceptance of Offers is changed to read:

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (h) - Multiple awards: ONLY ONE CONTRACT AWARD will be made.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation:

1. PROPOSAL SUBMISSION and INQUIRIES

a. The offeror’s hard copy proposals shall be submitted prior to the closing date and time identified on the Standard Form (SF) 1449 to the following address:

Regular mail / direct drop-off to:

RCO Fort Wainwright Attn: MAJ Oliver 1064 Apple Street, Room 216 Fort Wainwright, AK 99703

b. The point of contact responsible for providing additional information and answering all inquiries is the Contracting Officer, Patricia Hutcherson via the Contract Specialist, MAJ Ryan Oliver. All questions or concerns regarding this solicitation shall be submitted in writing to the Contracting Officer and Contract Specialist at the following email addresses: patricia.j.hutcherson.civ@mail.mil and ryan.e.oliver.mil@mail.mil

c. In addition to submitting hard copies of the proposal, the Offeror shall include digital copies on CD-

ROM with the hard copy submission. Electronic proposal submissions via email or facsimile (FAX) will not be accepted.

d. Site Visit. Site visit will be held on 26 July 2019, at 0900. Meeting location will be at building 1064

Apple Street, Fort Wainwright, AK. 99703. Provide company information and name of representative(s) to the contracting office no later than 1700 on 24 July 2019.

2. GENERAL INSTRUCTIONS

a. The selection of a source for award purposes will be conducted utilizing FAR Part 12 in conjunction with FAR Part 15 negotiated procedures. Offers will be evaluated using the criteria under the Addendum to 52.212-2 Evaluation Factors for Award. Noncompliance with the Request for Proposal (RFP) requirements may hamper the Government’s ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

b. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the RFP, concurrence with the Performance Work Statement, and contract type. Proposals shall remain valid for 120 days following the date specified for receipt of offers.

c. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, in accordance with (IAW) FAR Part 15.306 (Exchanges with Offerors after Receipt of Proposals), should discussions become necessary, the Government reserves the right to hold them.

d. Instructions outlined in section A. 3. prescribes the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

e. The Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

f. 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 KO 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.

g. All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) web site at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

h. Debriefings. The KO will promptly notify offerors of any decision to exclude them from contract award, whereupon they may request and receive a debriefing in accordance with FAR 15.505 (Preaward Debriefing of Offerors). Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring debriefings must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable.

3. PROPOSAL PREPARATION INSTRUCTIONS

a. Offeror’s proposal shall consist of four (4) separate volumes: Volume I – RFP Documents, Volume II – Technical, Volume III – Past Performance, and Volume IV – Price. The volumes shall include the following:

Volume Content Format Copies Page Limit

I. RFP Documents Hard Copy-MS Word or PDF

Original N/A

II. Technical Proposal Hard Copy-MS Word or PDF

Original 50

III. Past Performance Hard Copy-MS Word or PDF

Original 25

IV. Price Hard Copy- Excel

Original N/A

b. Proposal Format.

1) Offerors shall submit an original and the number of copies listed in table above of their proposal, along with one electronic copy of all volumes provided on CD. Each volume of the proposal should be separately bound in a three-ring loose leaf binder which shall permit the volume to lie flat when open. A cover sheet should be provided, clearly marked as to the volume number, title, solicitation identification and offeror’s name.

Printing shall be easily readable (12-pitch type or 10 point proportional spacing). Cross-referencing should be utilized to preclude unnecessary duplication of data between sections. Digital copies shall be provided on CD-ROM disk in Microsoft Word, PDF or Excel as outlined in table above.

2). Proposal Limitation. The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and returned, unread, to the offeror. The Government will not accept any changes to the offeror’s proposal after the closing date of the solicitation (See FAR 15.208 (Submission, Modification, Revision and Withdrawal of Proposals for further information regarding late proposals).

If discussions become necessary, page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors.

3). Page Limit Includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc.

4). Page Limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the proposal. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.

5). What Counts As A Page? A page shall be an 8 ½ X 11” sheet of paper. When both sides of a sheet display printed material, it shall be counted as two pages. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8½ X 11” sheet of paper. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side. The Offeror shall number each page in order to eliminate any confusion. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

6). Indexing. Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections.

7). Glossary of Abbreviations and Acronyms. Each volume shall contain a glossary of all abbreviations and acronyms used, with an explanation for each.

c. Proposal Content

1). Volume I – RFP Documents. Offerors are required to submit a completed and signed SF 1449 (Solicitation, Offeror and Award) to include acknowledgment of Amendments. An authorized official of the firm shall sign the offer and all certifications requiring original signature. Failure to follow the below Contract Proposal preparation instructions may cause your proposal to be deemed unacceptable by the Government. Volume I shall be organized as follows and contain the identified information.

TAB A. Exceptions/Assumptions (if required) - Identification and explanation of any exceptions or deviations. Additionally, any assumptions used in the proposal preparation must be identified.

TAB B. Solicitation, Offer and Award - The SF 1449 shall be submitted fully completed.

The offeror is cautioned that the SF 1449 must contain an original signature in block 30a of the form. The contractor shall acknowledge any amendments to the RFP IAW the SF 1449 and, FAR 52.212-1, Instruction to Offerors— Commercial Items. The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually.

TAB C. Representations, Certifications, and Other Statements of Offerors– The offeror shall ensure that Representations, Certifications, and Other Statements of Offerors is submitted thoroughly completed with all blocks in each certification/representation completed truthfully and completely.

2). Volume II – Technical Proposal. The Technical Proposal shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offeror’s proposal.

Legibility, clarity and coherence are very important. The responses will be evaluated against the Technical factors and Subfactors defined in addendum to FAR 52.212-2, Evaluation Factors for Award. The proposal should not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Statements that the offeror understands, can, or will comply with the PWS (including referenced publications, technical data, etc.); statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation for each proposal. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal.

The Technical proposal will be evaluated against the Technical Factor and Subfactors defined in the Addendum 52.212-2 Evaluation Factors for Award. This section shall be prepared in an orderly format and in sufficient details to enable the Government to make a thorough evaluation of the contractor’s technical competence and ability to comply with the contract task requirements specified in the PWS. The volume shall be organized according to the following general outline:

-Table of Contents -Evaluation Criteria (Factors and Subfactors)

The Offeror’s technical proposal shall contain the following Factors and Subfactors:

FACTOR 1: Technical Approach:

Subfactor Organizational Structure Subfactor Staffing Plan Subfactor Quality Control Plan Subfactor Experience

TAB A. Sub-Factor 1: Organizational Structure: The Offeror shall submit an organizational diagram with a detailed explanation of their organization structure that identifies the following:

(a) Key position(s), qualifications for key position(s) in accordance with the PWS, and what authority these individuals possess;

(b) Where decision making and problem resolution authority lies within the organization;

(c) Identification of the command and control relationship among the Offeror and all proposed subcontractor(s). The command and control relationship must include identification of leadership positions (e.g., Project Manager, Supervisory Personnel, etc.) responsible for performing successful oversight of the PWS.

TAB B. Sub-Factor 2: Staffing Plan: Offerors shall submit documentation supporting their proposed staffing by labor categories to perform the required services listed in the PWS and Solicitation Attachment F- Estimated Workload. Offerors shall utilize Attachment G (Staffing Matrix) for depicting their staffing. Offerors are only required to complete the Staffing Matrix for CLINs/subCLINs within Attachment H (Pricing Matrix) that contain estimated quantities.

Furthermore, to completing the Staffing Matrix, Offerors shall provide rationale for their staffing for the applicable dining facilities to specifically address the following:

(a) Explain the Logic for the staffing (FTEs x labor categories) for not only during serving times, but for hours before and after serving times.

(b) Plan shall address offeror’s plan to minimize personnel turnover and allow for cross-training and cross-utilizing of personnel to perform the requirements of the PWS.

(c) Rationale for staffing to ensure successful continuous operations of all PWS tasks during feeding times to include a plan to accommodate surge capacity when needed.

Rationale needs to include the Offeror’s methodology for accommodating fluctuating meals within the bands, cross-utilization of personnel and minimizing employee turnover.

TAB C. Sub-Factor 3: Quality Control Plan: Under the Quality Control Plan the offeror shall submit the following:

(a) Offerors shall provide a description of its quality control plan/inspection system approach, which shall cover the tasks specified in the PWS and shall include specifics of the areas to be inspected (on both a routine and non-routine basis), frequency of the inspections, and the title and organizational placement of the inspectors.

(b) The quality control plan/inspection system shall also identify methods for identifying and preventing deficiencies in the quality of services to be performed and shall address a process action plan to correct and prevent continous deficiencies and defects.

(c) The Quality Control Plan shall show the contractor has an adequate and standardized procedure in place at contract start to monitor performance.

TAB D. Sub-Factor 4: Experience: As part of its proposal, offerors shall submit documentation supporting one (1) relevant experience occurring within the last five (5) years from the date the solicitation is issued. For the purposes of evaluation, relevant experience is defined as experience that is similar in complexity and value providing dining facility attendant services. Proposals that are received that do not provide the contractor’s proof of experience may be rated as “Unacceptable” based on not meeting this standard. In evaluating experience, the Government reserves the right to gather and consider information from sources other than those identified by the offeror.

References shall include the following information:

CONTRACT #

DATES OF

CONTRACT

PERFORMANCE

ORGANIZATION

POINT OF

CONTACT,

TELEPHONE,

EMAIL

CONTRACT

VALUE

NOTE 1: Only the offeror’s relevant experience will be consider, NOT subcontractor’s or employees.

3). Volume III – Past Performance. The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, assessing level of quality that was evaluated, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 25% of the proposed effort based on the total proposed price. The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the offeror's performance.

(a) The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than three

(3) years for the submitted data. The past performance data shall document a successful history of past contract performance.

(b) In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance Volume and information obtained from other sources, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronica Subcontractor Reporting Systems (eSRS) or other databases; and may be obtained from other sources available to the Government, such as Defense Contract Management Agency (DCMA) and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance.

However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Proposals that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

NOTE: Contractors may use the same contracts for FACTOR 1, Sub-factor 4 (Experience), and FACTOR 2 (Past Performance); however, these are two distinct criteria and will be evaluated separately IAW FAR Clause 52.212-2 (Evaluation Instructions) included in the solicitation. Additionally, it is incumbent on the offeror to explain the relevance of the data provided by submitting a brief description of the relevance along with their proposal.

4). Volume IV – Price: Offerors shall complete the pricing information for each CLIN included in the Schedule of the Solicitation. The Offerors shall complete the pricing matrix (Attachment H) and shall provide a price for each CLIN/SubCLIN in the pricing matrix. Offerors are required to submit a unit price and extended amount (estimated quantity X Unit Price = Extended Amount) for each location within the pricing Matrix. In the event there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended offer and the total recomputed accordingly. The offeror shall ensure prices are represented in whole dollars only and no more than 2 decimal places.

(a) The offeror is informed that the Collective Bargaining Agreement (CBA)/Department of Labor Wage Determination is applicable to this requirement and should be factored in when developing pricing.

(b) The Government reserves the right to request Data Other Than Certified Cost or Pricing Data if the Government deems it necessary to determine price reasonableness.

- Complete blocks 17 and 30 of the Standard Form 1449.

- This contract requires Contractor Manpower Reporting (CMR). Offeror will determine in Schedule of Supplies-Services, CLIN(s), to price or not-separately-price (NSP) the CMRA requirement. CLIN 0007 shall be the CLIN under which the contractor shall bill for all costs associated with the CMRA requirement. If the offeror proposes to report this data at no additional costs to the Government, the offeror shall indicate “NSP” in the space provided in Schedule of Supplies-Services for the CMRA CLIN. No entry will be considered “NSP” and “0.00” will be used for evaluation purposes.

- Offerors shall complete the annual representations and certifications electronically via the System for Award Management (SAM) website at http://www.sam.gov.

- This request does not commit the Government to pay any costs incurred in the preparation and submission of your proposal or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the proposal or for preparation on negotiations.

- All questions regarding this solicitation shall be submitted by E-mail to the Point of Contact stated elsewhere herein. The applicable PWS/SOW paragraph numbers or solicitation reference shall process questions. The Government requests that questions shall be requested no later than 5 working days after the issuance of the solicitation to allow the Government sufficient time to respond prior to the closing date. The Contracting Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment to Federal Business Opportunities (FedBizOpps) (https://www.fbo.gov/). Offerors are responsible to watch the web site for postings of amendments, answers to questions, and other instructions/information, if any.

- Information submitted by offerors appropriately marked with with a protective legend will not be disclosed outside the Government pursuant to FAR 24.202 or the relevant exemption from release under the Freedom of Information Act, 5 U.S.C. 552.

Addendum to Clause 52.212-4:

Paragraph (a) Inspection/Acceptance: Inspection and acceptance will be performed at the address, shown in block 15 of the Standard Form 1449.

DELIVERY REQUIREMENTS

The Government requires services to commence within 3 days after issuance of a Task order.

DELIVERY/TASK ORDER PROCEDURES

a. Any Contracting Officer, assigned to Regional Contracting Office Alaska are authorized to issue Task Orders under this contract. Written orders are considered “issued" for purposes of this contract, at the time the Government sends them via email.

b. While the authorities listed herein are authorized to place oral calls under this contract, such calls will be confirmed later with a written Task Order. All oral calls and confirming orders issued hereunder are subject to the terms and conditions of the contract. When placing an oral call, the person authorized to place a call will provide the contractor with, (1) the contract number, (2) the call number, (3) the date ordered, (4) the contract line item(s) being ordered, (5) quantities to be ordered, (6) desired delivery date, (7) point of contact, (8) applicable addresses, and (9) the amount of the order. In the event of a conflict between an oral call and a confirming order, the confirming order shall control provided it does not conflict with the contract.

c. Task Orders may not exceed 12 Months.

d. The quantities listed in this contract are estimated only, and are provided for general information, and shall not constitute a basis for a claim of price increase during performance of this contract.

3. Revise the following full-text clause as follows:

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 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).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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).

X (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]

_X_ (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.

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

_X_ (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.

_X_ (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)).

_X_ (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).

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

____ (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.

____ (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.

____ (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.

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

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

13496).

____ (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).

____ (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)).

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

____ (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).

_____ (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).

_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).

_X_ (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) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (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).

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

4. Provide updates to the following attachments:

a. Attachment B1 PERFORMANCE WORK STATEMENT- LRC (BLDS 3416 & 3728) v2

b. Attachment F Workload Data v2

c. Attachment I1, CBA_Eff. April 2019 v2

(End of Summary of Changes)