W912HQ20R0009.pdf

Humphreys Engineer Center - Operation & Maintenance Services

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Warehouse Building 2582

FFP

O&M Services for Warehouse Building 2582

NET AMT

0002 12 Months Grounds Maintenance Building 2583

Grounds Maintenance for Building 2583

0003 12 Months Fitness Center/Mail Room Building 2584

O&M Services for Fitness Center/Mail Room Building 2584

0004 12 Months SOCOM/History Building 2585

O&M Services for SOCOM/History Building 2585

0005 12 Months Building 2590

O&M Services for Building 2590

0006 12 Months Building 2591

O&M Services for Building 2591

0007 12 Months CUDE, Building 2592

O&M Services for CUDE, Building 2592

0008 12 Months CUDE Annex, Building 2592A

O&M Services for CUDE Annex, Building 2592A

0009 12 Months Kingman Building 2593

O&M Services for Kingman Building 2593

0010 12 Months Casey Building 2594

O&M Services for Casey Building 2594

0011 12 Months Bunker Building 2595

O&M Services for Bunker Building 2595

0012 12 Months Monthly Material Cost

0013 90 Hours Emergency Calls-Engineer

0014 90 Hours Emergency Calls-Electrician

0015 90 Hours Emergency Calls-HVAC Mechanic

0016 90 Hours Emergency Calls-Plumber

0017 1 Job Emergency Repairs per PWS C.3.1.2.1.

0018 12 Months Guard Post Bldg 2597

O&M Services for Guard Post Building 2597

0019 12 Months Generator Bldg 2597U

O&M Services for Generator Building 2597U

1001 12 Months OPTION Warehouse Building 2582- Opt Yr 1

O&M Services for Warehouse Building 2582 for Option Year 1

1002 12 Months OPTION Grounds Maintenance Bldg 2583- Opt Yr 1

O&M Services for Grounds Maintenance Building 2583 for Option Year 1

1003 12 Months OPTION Fitness Ctr/Mail Room Bldg 2584- Opt Yr1

O&M Services for Fitness Center/Mail Room Building 2584 for Option Year 1

1004 12 Months OPTION SOCOM/History Building 2585-Opt Yr 1

O&M Services for SOCOM/History Building 2585 for Option Year 1

1005 12 Months OPTION Building 2590- Opt Yr 1

O&M Services for Building 2590 for Option Year 1

1006 12 Months OPTION Building 2591 for Opt Yr 1

O&M Services for Building 2591 for Option Year 1

1007 12 Months OPTION CUDE, Bldg 2592- Opt Yr 1

O&M Services for CUDE, Building 2592 for Option Year 1

1008 12 Months OPTION CUDE Annex, Bldg 2592A- Opt Yr 1

O&M Services for CUDE Annex, Bldg 2592A for Option Year 1

1009 12 Months OPTION Kingman Bldg 2593- Opt Yr 1

O&M Services for Kingman Building 2593 for Option Year 1

1010 12 Months OPTION Casey Bldg 2594- Opt Yr 1

O&M Services for Casey Building 2594 for Option Year 1

1011 12 Months OPTION Bunker Bldg 2595- Opt Yr 1

O&M Services for Bunker Building 2595 for Option Year 1

1012 12 Months OPTION Monthly Material Cost

1013 90 Hours OPTION Emergency Calls-Engineer- Opt Yr 1

Emergency Calls for Engineer for Option Year 1

1014 90 Hours OPTION Emergency Calls- Electrician-Opt Yr 1

Emergency Calls for Electrician for Option Year 1

1015 90 Hours OPTION Emergency Calls-HVAC Mech OptYr1

Emergency Calls for HVAC Mechanic for Option Year 1

1016 90 Hours OPTION Emergency Calls- Plumber- Opt Yr 1

Emergency Calls for Plumber for Option Year 1

1017 1 Job OPTION Emerg Repairs per PWS C.3.1.2.1. Opt Yr1

Emergency Repairs per PWS C.3.1.2.1 for Option Year 1

1018 12 Months OPTION Guard Post Bldg 2597- Opt Yr 1

O&M Services for Guard Post Building 2597 for Option Year 1

1019 12 Months OPTION Generator Bldg 2597U

O&M Services for Generator Building 2597U

2001 12 Months OPTION Warehouse Bldg 2582- Opt Yr 2

O&M Services for Warehouse Building 2582 for Option Year 2

2002 12 Months OPTION Grounds Maint Bldg 2583- Opt Yr2

Grounds Maintenance for Building 2583 for Option Year 2

2003 12 Months OPTION Fitness Ctr/Mail Room-Bldg 2584- OptYr 2

O&M Services for Fitness Center/Mail Room, Building 2584,for Option Year 2

2004 12 Months OPTION SOCOM/History Building 2585- Opt Yr2

O&M Services for SOCOM/History Building 2585 for Option Year 2

2005 12 Months OPTION Building 2590- Opt Yr 2

O&M Services for Building 2590 for Option Year 2

See Exhibit A

2006 12 Months OPTION Building 2591- Opt Yr 2

O&M Services for Building 2591 for Option Year 2

2007 12 Months OPTION CUDE, Building 2592- Opt Yr 2

O&M Services for CUDE, Building 2592 for Option Year 2

2008 12 Months OPTION CUDE Annex, Building 2592A- Opt Yr 2

O&M Services for CUDE Annex, Building 2592A for Option Year 2

2009 12 Months OPTION Kingman Bldg 2593- Opt Yr 2

O&M Services for Kingman Building 2593 for Option Year 2

2010 12 Months OPTION Casey Bldg 2594- Opt Yr 2

O&M Services for Casey Building 2594 for Option Year 2

2011 12 Months OPTION Bunker Building 2595- Opt Yr 2

O&M Services for Bunker Building 2595 for Option Year 2

2012 12 Months OPTION Monthly Material Cost- Opt Yr 2

Monthly Material Cost for Option Year 2

2013 90 Hours OPTION Emer Calls for Engineer- Opt Yr 2

Emergency Calls for Engineer for Option Year 2

2014 90 Hours OPTION Emer Calls for Electrican- Opt Yr 2

Emergency Calls for Electrician for Option Year 2

2015 90 Hours OPTION Emer Calls for HVAC Mech- Opt Yr 2

Emergency Calls for HVAC Mechanic for Option Year 2

2016 90 Hours OPTION Emer Calls for Plumber- Opt Yr 2

Emergency Calls for Plumber for Option Year 2

2017 1 Job OPTION Emer Repairs per PWS C.3.1.2.1-Opt Yr 2

Emergency Repairs per PWS C.3.1.2.1 for Option Year 2

2018 12 Months OPTION Guard Post Bldg 2597- Opt Yr 2

O&M Services for Guard Post Building 2597 for Option Year 2

2019 12 Months OPTION Guard Post Bldg 2597- Opt Yr 2

O&M Services for Guard Post Building 2597 for Option Year 2

3001 6 Months OPTION Warehouse Building 2582

FFP

O&M Services for Warehouse Building 2582. IAW FAR 52.217-8. Up to 6 months. The monthly pricing will be the same as the monthly pricing of Option Year 2.

3002 6 Months OPTION Grounds Maintenance Building 2583

FFP

Ground Maintenance for Building 2583. IAW FAR 52.217-8. Up to 6 months. The monthly pricing will be the same as the monthly pricing of Option Year 2.

3003 6 Months OPTION Fitness Center/Mail Room Building 2584

FFP

O&M Services for Fitness Center/Mail Room Building 2584. IAW FAR 52.217-8.

Up to 6 months. The monthly pricing will be the same as the monthly pricing of Option Year 2.

3004 6 Months OPTION SOCOM/History Building 2585

FFP

O&M Services for SOCOM/History Building 2585. IAW FAR 52.217-8. Up to 6

3005 6 Months OPTION Building 2590

FFP

O&M Services for Building 2590. IAW FAR 52.217-8. Up to 6 months. The

3006 6 Months OPTION Building 2591

FFP

O&M Services for Building 2591. IAW FAR 52.217-8. Up to 6 months. The

3007 6 Months OPTION CUDE, Building 2592

FFP

O&M Services for CUDE, Building 2592. IAW FAR 52.217-8. Up to 6 months.

The monthly pricing will be the same as the monthly pricing of Option Year 2.

3008 6 Months OPTION CUDE Annex, Building 2592A

FFP

O&M Services for CUDE Annex, Building 2592A. IAW FAR 52.217-8. Up to 6

3009 6 Months OPTION Kingman Building 2593

FFP

O&M Services for Kingman Building 2593. IAW FAR 52.217-8. Up to 6 months.

3010 6 Months OPTION Casey Building 2594

FFP

O&M Services for Casey Building 2594. IAW FAR 52.217-8. Up to 6 months.

3011 6 Months OPTION Bunker Building 2595

FFP

O&M Services for Bunker Building 2595. IAW FAR 52.217-8. Up to 6 months.

3012 6 Months OPTION Monthly Material Cost

3013 90 Hours Emergency Calls-Engineer

FFP

Emergency Calls for an Engineer. IAW FAR 52.217-8. Up to 6 months. The

3014 90 Hours OPTION Emergency Calls- Electrician

FFP

Emergency Calls for an Electrician. IAW FAR 52.217-8. Up to 6 months. The

3015 90 Hours OPTION Emergency Calls-HVAC Mechanic

FFP

Emergency Calls for an HVAC Mechanic. IAW FAR 52.217-8. Up to 6 months.

3016 90 Hours OPTION Emergency Calls-Plumber

FFP

Emergency Calls for a Plumber. IAW FAR 52.217-8. Up to 6 months. The monthly pricing will be the same as the monthly pricing of Option Year 2.

3017 1 Job OPTION Emergency Repairs per PWS C.3.1.2.1.

FFP

Emergency Repairs per PWS C.3.1.2.1. IAW FAR 52.217-8. Up to 6 months. The

3018 6 Months OPTION Guard Post Bldg 2597

FFP

O&M Services for Guard Post Building 2597. IAW FAR 52.217-8. Up to 6

3019 6 Months OPTION Generator Bldg 2597U

FFP

O&M Services for Generator Building 2597U. IAW FAR 52.217-8. Up to 6

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 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government

0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 1014 Destination Government Destination Government 1015 Destination Government Destination Government 1016 Destination Government Destination Government 1017 Destination Government Destination Government 1018 Destination Government Destination Government 1019 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 2014 Destination Government Destination Government 2015 Destination Government Destination Government 2016 Destination Government Destination Government 2017 Destination Government Destination Government 2018 Destination Government Destination Government 2019 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government 3010 Destination Government Destination Government

3011 Destination Government Destination Government 3012 Destination Government Destination Government 3013 Destination Government Destination Government 3014 Destination Government Destination Government 3015 Destination Government Destination Government 3016 Destination Government Destination Government 3017 Destination Government Destination Government 3018 Destination Government Destination Government 3019 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2020 TO

31-AUG-2021

N/A HECSA - MAINT & TRANS BR

MICHAEL JOHNSON

HUMPHREYS ENG CTR SPT ACT 7701

TELEGRAPH ROAD

ALEXANDRIA VA 22315-3860

703-428-9172

FOB: N/A

W802Y9

0002 POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 01-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1010 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1011 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1012 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1013 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1014 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1015 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1016 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1017 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1018 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1019 POP 01-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2010 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2011 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2012 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2013 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2014 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2015 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2016 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2017 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2018 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2019 POP 01-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2023 TO

01-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3010 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3011 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3012 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3013 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3014 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3015 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3016 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3017 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3018 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

3019 POP 01-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

DEC 2019

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

AUG 2019

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

DEC 2019

52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Small Business Program Representations MAR 2020 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-12 Termination (Personal Services) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.205-7000 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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 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

252.232-7006 Wide Area WorkFlow Payment Instructions 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 JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts…