W912LR19R0010.pdf

SEE ADDENDUM

(No Collect Calls)

W912LR19R0010 08-Jan-2019

b. TELEPHONE NUMBER

787-277-7698

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 22 Jan 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912LR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANGEL SOLIS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011275635

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO FOR PUERTO RICO

P.O. BOX 34069

FT BUCHANAN PR 00934-4069

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W58BMG 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W8FW HQ 201ST REGT (MF)

W8FW HQ 201ST REGT (MF)

STATE RD 149 KM2 BLDG 209

FORT ALLEN

JUANA DIAZ 00795-5000

TEL: 787-277-7675 FAX:

787 277-7659FAX:

TEL: 787 277-7657 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

311211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF28

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912LR19R0010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,408 Each

PRE-PACKAGED MEALS (BREAKFAST)

FFP

PRE-PACKAGED MEALS (BREAKFAST) THE CONTRACTOR SHALL

PROVIDE ALL PERSONNEL, EQUIPMENT, TOOLS, MATERIALS,

SUPERVISION, AND QUALITY CONTROL NECESSARY TO DELIVER

PREPACKAGED MEALS TO 201TH REGIMENTAL TRAINING INSTITUTE

FOR APROXIMATELY 64 SOLDIERS AT BUILDING 205, FORT ALLEN

TRAINING ANNEX, JUANA DIAZ, P.R. 00795. POINT OF CONTACT FOR

THIS SOLICITATION IS SFC ANGEL F. SOLIS 787-277-7698 CONTRACT

SPECIALIST, FOLLOWING THE SPECIFICATIONS AS PER PARAGRAPH

5.0 (REQUIREMENTS) OF ATTACHED DESCRIPTION OF

REQUIREMENTS. PERIOD OF PERFOMANCE; 31 JAN- 22 FEB 2019 IN

SUPPORT OF BASIC LEADER COURSE 003-19 (BLC) STUDENTS.

RESPOND BY UPLOADING COMPLETED SOLICITATION SIGNED WITH

OFFERED PRICES OF THE ENCLOSED SF-1449 INTO THIS NOTICE. ALL

VENDORS MUST INCLUDE IN BLOCK 17A OF THE SOLICITATION YOUR

CONTACT INFORMATION, CAGE CODE, NAME OF COMPANY,

ADDRESS, PHONE NUMBER, AND EMAIL ADDRESS ALSO ENSURE TO

COMPLETE BLOCK 30 (ALL LETTERS). PLEASE WRITE THE TOTAL

AMOUNT FOR EACH ONE OF THE CONTRACT LINE ITEMS FOR YOUR

BID ON THE SOLICITATION (SF-1449) AND INCLUDE A GRAND TOTAL

FOR ALL CONTRACT LINE ITEMS AS WELL AT THE BOTTOM. OFFERS

NOT UPLOADED AND UPLOADED INTO THIS NOTICE NOT

CONTAINING THIS INFORMATION SHALL NOT BE CONSIDERED.

IN ACCORDANCE WITH AR 530-1, OPERATIONS SECURITY, NEW

CONTRACTOR EMPLOYEES SHALL COMPLETE LEVEL I OPSEC

TRAINING WITHIN 10 CALENDAR DAYS OF THEIR REPORTING FOR

DUTY AND ANNUALLY THEREAFTER. THE CONTRACTOR SHALL

SUBMIT CERTIFICATES OF COMPLETION FOR EACH AFFECTED

CONTRACTOR EMPLOYEE, TO THE POC, OR TO THE KO IF A POC IS

NOT ASSIGNED, WITHIN 10 CALENDAR DAYS AFTER COMPLETION OF

TRAINING. LEVEL 1 OPSEC TRAINING IS AVAILABLE AT

HTTP://CDSETRAIN.DTIC.MIL/OPSEC/.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011275635

PSC CD: 8970

NET AMT

0002 1,408 Each

PRE-PACKAGED MEALS (LUNCH)

FFP

PRE-PACKAGED MEALS (LUNCH)

FOB: Destination

0003 1,408 Each

PRE-PACKAGED MEALS (DINNER)

FFP

PRE-PACKAGED MEALS (DINNER)

FOB: Destination

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DESCRIPTION OF REQUIREMENTS

Description of Requirements (DOR)

Catered Meals for the PRNG 201st REGIMENT (MF) RTI, Fort Allen, Juana Diaz, PR

31 JAN - 22 FEB 2019

BLC 003-19

1.0 General.

1.1 Scope. The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, in order to provide catered meals to the 201st RTI, located in Fort Allen, Juana Diaz, P.R as defined in this DOR.

1.2 Background. The PRNG 201st RTI has a total of 64 soldiers to support among courses provided. Catered meals service contract supports a core function of the PRNG mission of the PRARNG. As per regulation AR 30-22, Para 3-37, Subsisting Personnel, In accordance with DOD 1338.10–M, Army appropriated fund dining facilities are established for the purpose of feeding enlisted Soldiers authorized Subsistence in Kind (SIK). Soldiers not authorized to receive Basic Allowance for Subsistence (BAS) are entitled to subsist without charge. No increase in resources will be made available when subsisting personnel other than SIK. Building # to be announced (TBA), located at Fort Allen, Juana Diaz, PR is a dining facility requiring modernization works in order to continue executing its intended mission. The 201ST Regional Training Institute (RTI) intends to issue a Request for Catered Meals necessary to provide and serve catered meals for the PRNG 201ST REGIMENT (MF) RTI courses support at Fort Allen, Juana Diaz, PR.

Period of Performance (PoP): 31 JAN - 22 FEB 2019

1.3 General Information.

1.3.1 Quality Control (QC). The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this DOR. The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the

QCP, the contractor shall obtain the Contracting Officer’s (KO) acceptance in writing of any proposed changes to its QCP.

1.3.2 Quality Assurance (QA). The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.3.3 Place and Performance of Services. The contractor shall provide meals deliveries to Bldg. 205, Fort Allen as per training schedule (to be furnished upon award) beginning with lunch services on January 31 and ending servicing breakfast on February 22, 2019 during the following periods:

Monday-Sunday Serving Periods:

Serving Hours 0600 – 0730 Breakfast Serving Hours 1130 – 1300 Lunch Serving Hours 1630 – 1800 Dinner

Servings are Mondays thru Sundays, except when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The contractor, shall at all times, maintain an adequate work force for the uninterrupted performance of all tasks defined within this DOR when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. The Government reserves the right to adjust the timelines established above based on operational needs.

1.3.4 Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.3.5 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

1.3.6 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DOD, HQDA and/or local policy.

Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes. Each contractor employee shall fill in and submit to the COR a DD Form 369 – Police Record Check, and obtain Government approval prior to commencement of works.

1.3.7 COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised that any time contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.3.8 Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. This contract does not require use of Government Information systems.

1.3.9 Protection of Personally Identifiable Information (PII). The contractor shall protect all Personally Identifiable Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoD 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

1.3.10 AT Level 1 Awareness Training (AT). All contractor employees requiring access to Army Installations, facilities, and controlled access areas shall complete Level 1 AT within 10 calendar days after contract start date and within 10 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the POC, or to the KO if a POC is not assigned, within 5 calendar days after completion of training.

Level 1 AT is available at http://jko.jten.mil/courses/atl1/launch.html.

1.3.11 iWATCH Training. The contractor assigned with an area of performance within an Army- controlled installation, facilities or area shall brief all employees on the local iWATCH program. This training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the POC or the KO. This training shall be completed within 10 calendar days of contract award and within 1 0 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the POC, or to the KO if a POC is not assigned, within 10 calendar days after completion of training.

1.3.12 OPSEC Training. In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 10 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee, to the POC, or to the KO if a POC is not assigned, within 10 calendar days after completion of training. Level 1 OPSEC training is available at http://cdsetrain.dtic.mil/opsec/.

1.3.13 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.3.14 Key Control. This DOR does not require handling of keys.

1.5 Special Qualifications. The Government does not provide training to contractors.

Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services. Contractor shall provide a copy of the Puerto Rico State Department of Health, Health Certificate.

1.6 Post Award Conference/Periodic Progress Meetings. The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (POC), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government.

Contractor attendance at these meetings shall be at no additional cost to the Government.

1.7 Contract Manager (CM). The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO within 3 calendar days after contract award. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

The CM shall work through the POC, (or the KO if a POC is not assigned), to resolve issues, receive technical instructions, and ensure adequate performance of services.

The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.8 Identification of Contractor Employees. All contractor personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e- mail) and dealings with Government or non-Government entities/ Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed. The contractor shall retrieve all identification media (including vehicle passes) from their employees who depart employment for any reason. All identification media (i.e., badges and vehicle passes shall be returned to the POC within the 10 days of an employee’s departure).

1.9 Combating Trafficking in Persons. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in any forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract.

The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.Contractor shall complete the following online training within 10 calendar days after contract award: Course number is N-US189-HB; available at: http://jko.jten.mil.

1.10 Contractor Travel: Not authorized on this DOR.

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership /copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. Provide a copy 10 calendar days after contract completion. This right does not abrogate any other Government rights.

1.11 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.0 Definitions and Acronyms.

2.1 Definitions.

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DELIVERABLE. Anything that can be physically delivered and includes non- manufactured things such as meeting minutes or reports.

2.1.5 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the DOR. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10 SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have probity of contract with the subcontractor.

2.1.11 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12 WORK WEEK. Monday through Sunday, unless specified otherwise.

2.2 Acronyms

AAR After Action Report AFARS Army Federal Acquisition Regulation Supplement ANG Army National Guard AR Army Regulation ATCTS Army Training Certification Tracking System AUP Acceptable Use Policy BBP Better Business Practice CDM Concept Development Meeting CFR Code of Federal Regulations CM Contract Manager CNGB Chief National Guard Bureau COMSEC Communications Security CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CUI Controlled Unclassified Information DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation

FEMA Federal Emergency Management Agency FPCON Force Protection Condition FPM Final Planning Meeting FSRT Fatality Search & Recovery Team HQDA Headquarter Department of Army IA Information Assurance KO Contracting Officer LNO Liaison Officer MOA Memorandum of Agreement MPM Mid-Planning Meeting MSR Monthly Status Report NACI National Agency Check Inquires NGB National Guard Bureau NLT Not Later Than OCI Organizational Conflict of Interest OCONUS Outside Continental United States ODC Other Direct Costs OPSEC Operations Security PCO Procuring Contracting Officer PII Protection of Personally Identifiable Information POC Point of Contact PRS Performance Requirements Summary DOR Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SME Subject Matter Experts TAR Travel Authorization Request TE Technical Exhibit WWAF-RA Wide Area Workflow-Receipt and Acceptance

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S). The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract.

3.1 Property: None.

3.2 Materials: None.

3.3 Equipment: None

3.4 Services: None.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E).

4.1 General: Except for those items specifically stated to be Government- Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements.

5.1 The Contractor shall provide 2 days prior a menu for approval that includes breakfast, lunch and dinner, with a minimum, two meats, two starches, vegetables, salad with dressings, drinks (water, juice/soda, coffee, tea, etc.) fruits and dessert. Vacuum-sealed long shelf-life meal kits will not be accepted.

5.2 Contractor shall be required to complete all planning, hiring, training of employees, supervision, labor, supplies and any other tasks necessary or required to provide in the safest, most nutritious, and appealing manner possible catered meals for the Puerto Rico National Guard (PRARNG). Meals will be delivered to building 205 located at Fort Allen, Juana Diaz, P.R, as per training schedule. Contractor shall provide plates, cutlery (forks, spoons, and knives), napkins, cups, and ice.

5.3 The contractor shall provide the appropriate type and quantity of receptacles and or plastic bags necessary to collect and properly dispose of all solid waste generated by the food service operation.

5.4 The contractor must ensure all services are performed in a professional manner and in accordance with the highest industry standards for delivery of restaurant style meals.

Unless the means or methods of performing a task are specified in this contract, the Contractor shall employ methods that are generally accepted, industry standards, and in compliance with Federal, State, and Army regulations as stated in AR 30-22. Contractor shall provide the PRARNG with standards of operation, management, and support services of the best quality available in the food service industry.

5.5 The contractor shall provide all subsistence items to include the appropriate type and quantity of utensils necessary to serve each Soldier an individual portion. All meal components shall arrive within the required temperature ranges (135°F or higher for hot items and 41°F or lower for cold items) and that chafing dishes, electric warmers, ice-chests or other appropriate equipment are available to hold food at proper temperatures until served contractor shall provide all subsistence items to include the appropriate type and quantity of utensils necessary to serve each Soldier an individual portion.

5.6 There is no authority for a caterer to use government furnished equipment or facility to prepare catered meals. When the command determines that the meals will be delivered, a “guarantee” clause will not be included in any contractual agreement. This means that only the total number of catered meals consumed by the Soldiers will be paid for by the unit. You cannot promise or guarantee the caterer that a specific number of meals will be sold.

5.7 Bulk containers will have labels indicating date, time, and temperature reading of the food item when it was placed in the container. Food that arrives below 135°F and cannot be reheated properly, cannot be served and must be discarded.

5.8 Chafing dishes and insulated ice chests are acceptable as long as they comply with food service industry standards as per TB MED 530 Tri-Service Code, 30 April 2014, AR 30-22 Army Food Program, 24 July 2012, DA PAM 30-22, 6 February 2007, and all applicable food safety and sanitation requirements.

5.9 FOOD SERVICE OPERATIONAL REQUIREMENTS

5.9.1 The contractor shall provide service during the following periods.

Serving Hours 0600 – 0730 Breakfast Serving Hours 1130 – 1230 Lunch Serving Hours 1630 – 1800 Dinner

5.9.2 The above times may be adjusted during the life of the contract as approved by the POC and/or the Contracting Officer.

5.10 BASIC MENU PATTERN

5.10.1 Contractor’s emphasis shall be to provide a well-balanced, health conscious, nutritious diet, with a reasonable amount of variety.

5.11 SPECIAL REQUIREMENTS

5.11.1 HAIR and HAIR RESTRAINTS All food service personnel entering or working in food preparation, serving areas or attendant service areas shall wear hairnets or other effective hair restraints. Personnel with facial hair that cannot be adequately restrained shall be prohibited from food service operations. All hair restraints shall be kept clean.

The standards of dress for contractor personnel shall conform to Technical Bulletin (TB) Med 530 for food establishments.

5.11.2 No jewelry shall be used during serving of meals. Exception apply as follow:

With the exception of plain wedding bands, food service contracted personnel shall not wear jewelry while performing food service operations for the PRNG. The wearing of medical alert bracelets or necklaces is authorized.

6.0 REFERENCES

6.0 The contractor shall be familiar and comply with the applicable regulations as follows:

6.0.1 Technical Bulletin (Med) 530 (TB MED 530), Tri-Service Food, 30 April 2014 Code, http://armypubs.army.mil/

6.0.2 Army Regulation 30-22 (AR 30-22), Army Food Program, dated 24 July 2012, http://armypubs.army.mil/

6.0.3 Department of the Army Pamphlet 30-22 (DA PAM 30-22), Food Program Operating Procedures for the Army Food Program, dated 6 February 2007, http://armypubs.army.mil/

6.0.4 Army Regulation 40-25 (AR 40-25), Medical Services Nutrition Standards and Education, dated 15 June 2001, http://armypubs.army.mil/epubs/pdf/r40_25.pdf

6.0.5 Army Tactics, Techniques, and Procedures No. 4-41 (ATP 4-41), Army Field Feeding and Class I Operations, dated 31 December 2015, http://armypubs.army.mil/doctrine/DR_pubs/DR_a/pdf/attp4_41.pdf

6.0.6 Training Manual 4-41.11 (TM 4-41.11), Dining Facility Operations, dated 23 April 2012, http://dmna.ny.gov/foodservice/docs/references/tm4_41x11.pdf.

6.0.7 Training Manual 4-41.12 (TM 4-41.12), Food Program Operations, dated 23 April 2012, http://dmna.ny.gov/foodservice/docs/references/tm4_41x11.pdf.

6.0.8 Armed Forces Recipe Service Cards (TM 10-412) found at The Quartermaster Website:

http://www.quartermaster.army.mil/jccoe/publications/food_links.html.

http://www.quartermaster.army.mil/jccoe/publications/recipes/cover.pdf

Publication (Chapter/Page)

Date of Publication Mandatory or Advisory

Website

AR 190-13 25 February 2011 Mandatory AR 190-11 5 September 2013 Mandatory

ATP 5-19 14 April 2014 Mandatory UFC 4-010-01 9 February 2012 Mandatory UFC 4-020-01 11 September 2008 Mandatory

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-JAN-2019 1,408 W8FW HQ 201ST REGT (MF)

W8FW HQ 201ST REGT (MF)

STATE RD 149 KM2 BLDG 209

FORT ALLEN

JUANA DIAZ 00795-5000

787-277-7675 FOB: Destination

W58BMG

0002 31-JAN-2019 1,408 (SAME AS PREVIOUS LOCATION)

0003 31-JAN-2019 1,408 (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than

Commercial Items).

OCT 2018

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

JUL 2013

52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(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.)

___ (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).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

XXX (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.)

___ (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).

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

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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).

____ (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)).

____ (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).

XXX (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).

XXX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (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 (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

13513).

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

____ (44) 52.223-21, Foams (June, 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)).

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

XXX (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)(12)).

____ (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).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

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

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

(iv) 52.219-8, 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 (Sept 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 (March 2, 2015) (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,…