Amendment_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Reference above mentioned Request for Proposal to reflect the follow ing amendments:

THE PROPOSAL DUE DATE IS CHANGED FROM 13 DECEMBER 2016 AT 1:00 PM, CST TO 20 DECEMBER 2016 AT 2:00 PM, CST.

AMENDMENT 0002 WILL NOT BE ISSUED.

A Summary of Changes is provided in this Amendment 0003. Delete the original Performance Work Statement (PWS) and replace w ith the Revised Performance Work Statement, dated 8 Dec 17. Appendix A and Appendix B are both replaced w ith a new Appendix A and Appendix B. The duplicate copy of Appendix G-2 should be deleted, and Appendix G-1 is added. Amendment 0003 provides answ ers to Contractor Questions. All previously mentioned documents in this Section 14 - Description of Amendment/Modification can be found at w w w .fbo.gov under Solicitation W912P9-17-R-0001, Amendment 0003.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 08-Dec-2016

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P9-17-R-0001

X 9B. DATED (SEE ITEM 11)

31-Oct-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

08-Dec-2016

CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P9-17-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0003

Summary of Changes:

Item 1. Solicitation, Page 1, Block 7a – Change “Timothy A Gould” to “Lisa M White”.

Item 2. Solicitation, Page 1, Block 7b – Change “314-331-8506” to “314-331-8518”.

Item 3. Replace existing Attachment 1, Price Schedule with new Attachment 1, Price

Schedule.

Item 4. PWS, Page 2, Table of Contents – Change “1.3. Turf Renovation” to “1.4. Turf Renovation”.

Item 5. PWS, Page 2, Table of Contents – Change “5.5. Hazardous Materials” to “5.5.

Hazardous Materials Inventory”.

Item 6. PWS, Page 2, Table of Contents – Change “5.15. Changes in Work” to “5.15.

Notifications”.

Item 7. PWS, Page 3, 1., Sentence 6 – Remove “as outlined by the Professional Grounds Management Society (PGMS)”. Sentence shall end after “standards”.

Item 8. PWS, Page 3, 1., Last Sentence – Remove “clockwise or”.

Item 9. PWS, Page 3, 1.1.1.1., e. – Change “for feet” to “four feet”. Item

10. PWS, Page 4 – Change “1.1.5. Lawn Renovation” to “1.1.4. Lawn

Renovation”.

Item 11. PWS, Page 4, 1.2., Sentence 4 – Remove sentence 4, “The Contractor shall mow un-improved grounds a minimum of once per year and a maximum of three times per year, at appropriate dates determined by KO or COR based upon weather forecasts and ground conditions.” Entirely.

Item 12. PWS, Page 5, Service Delivery Summary Table, SDS-3 – Change “Turf Renovation” to “Vegetation Control”.

Item 13. PWS, Page 5, Service Delivery Summary Table, Performance Threshold Column – Change each mention of “month” in rows 1 through 3 to “cycle”

Item 14. PWS, Page 5, Service Delivery Summary Table, Remedy Column – Change each mention of “CO” in rows 1 through 3 to “KO”.

Item 15. PWS, Page 5, Service Delivery Summary Table, Performance Threshold Column – Change wording in rows 1 through 3 to “No more than two (2) defects per cycle”.

Item 16. PWS, Page 5, 2.2., Last Sentence – Change “days” to “day”.

Item 17. PWS, Page 5, 2.3.1., Sentence 4 – Change “any one calendar month” to “any one cycle within a task order”.

Item 18. PWS, Page 5, 2.3.1, Sentence 4 – Change “CO” to “KO”.

Item 19. PWS, Page 6, 5.3., Sentence 4 – Change “CO” to “KO”.

Item 20. PWS, Page 8, 5.18., Sentence 6 – Change sentence 6 to “Performance period for cycles within a task order is seven (7) work days.”.

Item 21. PWS, Page 8 – Add “5.19. Equipment Storage Areas. No storage and/or staging areas are available to the contractor between cycles. Locations for storage and/or staging areas for equipment only may be permitted during a cycle upon approval 24 hours in advance by the COR.”.

Item 22. Replace existing Appendix A with new Appendix A.

Item 23. Replace existing Appendix B with new Appendix B (Includes B through B-53).

Item 24. Missing Appendix G-1. Appendix G-2 is duplicated, delete one copy of Appendix G-2 and add Appendix G-1.

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The CLIN description has changed from Minimum Guarantee to This Item Not Used.

The CLIN extended description Minimum Guarantee to be deobligated if contractor receives $2,000.00 in work(Task Orders) during the first ordering period. has been deleted.

The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.

The unit of issue Job has been deleted.

The cost constraint NTE has been deleted.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule Item has been deleted from CLIN 0002:

DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

POP 03-JAN-2017 TO

03-JAN-2018

N/A MARK TWAIN LAKE PROJECT

JENNIFER D TORRENCE

US ARMY ENGR DIST ST LOUIS

20642 HIGHWAY J

MONROE CITY MO 63456-2949

573-735-4097 FOB: Destination

966462

The following have been added by reference:

52.212-1 Instructions to Offerors--Commercial Items OCT 2016

The following have been modified:

2. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2016)

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with “Proposal Preparation Instructions”, below.

Paragraph (c) entitled “Period for acceptance of offers”, is tailored to read: “The offeror agrees to hold the prices in its offer firm for 100 calendar days from the date specified for receipt of offers.”

Paragraph (e) entitled “Multiple Offers” is tailored to read: “The government will not consider multiple offers presenting alternate terms and conditions for satisfying the requirements of this solicitation.”

Paragraph (g) entitled “Contract award (not applicable to Invitation for Bids).” Is tailored to read: “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.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 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.”

Paragraph (h) entitled “Multiple awards” is tailored to read: “The Government intends to award one contract as a result of this solicitation. 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.”

Formal communications, such as requests for clarification, questions and/or written information concerning this solicitation should be submitted in writing to:

Attn: Ms. Lisa White US Army Corps of Engineers St. Louis District/CEMVS-CT 1222 Spruce Street St. Louis, Mo 63103 Office: (314) 331-8518 Fax: (314) 331-8746 Email: Lisa.White@usace.army.mil

The request should be in the following format:

Reference: Section ___, Page_____, Paragraph____ Question:______________________________________.

Written questions will be answered in writing and provided to all offerors via a posting to FedBizOps. However, due to the time required to research a question and provide an answer, questions received less than 7 calendar days prior to the due date of offers specified in this solicitation may not be answered.

3. PROPOSAL PREPARATION INSTRUCTIONS

a. General Information

(1) To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of two (2) parts, Part I – Price Proposal and Contract Documentation, and Part II

– Technical Capability.

(2) The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness of the price.

(3) Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

(i) Requirements of the RFP (Contract Line Items (CLINs) & Performance Work Statement (PWS)), and government standards and regulations pertaining to the PWS.

(ii) Evaluation Factors for Award (See paragraph 4 proposal format below).

(4) Proposal format:

i) Proposals shall be 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams which may not exceed 11” x 17”.

ii) A page is defined as one face of a sheet of paper containing information.

iv) Typing shall not be less than size 12 font except for figures and diagrams, where smaller font is acceptable as long as it is readable.

(v) Offerors shall submit their proposals in the following numbers and arrangement:

(1) One three-ring loose-leaf binder which contains the originals of Part I, Part II, with each part clearly tabbed, and

(2) Three separate loose-leaf binders each of which shall contain a copy of Part II..

vi) Elaborate formats, bindings or color presentations are not desired or required. vii) Electronic proposals (including fax copies) WILL NOT be accepted.

b. Specific Instructions:

(1) PART I – PRICE PROPOSAL AND CONTRACT DOCUMENTATION

(a) This part shall consist of a cover page which contains the name, title, telephone number, and email address of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

(b) Complete blocks 12, 17a and 30a, b and c of the SF 1449. In addition include signed amendments to the RFP, if applicable. In doing so, the offeror accedes to the contract terms and conditions as written in the RFP.

(c) Insert proposed unit and extended prices on Attachment 1 – Price Schedule.

(d) Complete the necessary fill-ins and certifications. These provisions shall be returned along with the proposal. System for Award Management (SAM) applies to this procurement. Contractors must be registered prior to award; lack of registration in SAM will make an offeror ineligible for award. Information on SAM registration may be obtained at http://www.sam.gov

(2) PART II – TECHNICAL CAPABILITY

TECHNICAL PROPOSAL – The offeror shall submit a technical proposal that demonstrates your ability to provide the necessary tools, labor, supervision, materials, equipment, supplies, and transportation necessary to provide the full range of services required in accomplishing PWS paragraph 1. and its subsequent sub-paragraphs within the required period of performance. The technical proposal shall be clear, concise and include sufficient detail which explains the offeror’s knowledge of grounds maintenance services (i.e., mowing, edging, trimming, turf renovation, vegetation control, etc.) not simply can or will comply with PWS or simply paraphrasing the PWS or parts thereof.

The offeror’s technical proposal must comply with the following sub-factors:

Sub-factor A – Master Work Plan (Limited to 15 pages):

The Offeror shall submit a Master Work Plan providing appropriate resources (labor, equipment, and materials) in order to perform requirements specified in the PWS and subsequent Appendices. The submitted plan must identify key areas, such as safety, planning, schedule, and overall quality control measures. The Master Work Plan details need to provide sufficient data on the manner in which the Offeror will accomplish Improved Mowing and Trimming, Unimproved Mowing and Trimming, Vegetation Control, and Turf Renovation, and shall include as a minimum the following:

a. A detail list of equipment and material the offeror is proposing to meet each requirement;

b. Details demonstrating an understanding of PWS safety requirements, including appendices, and a description of the steps that will be taken to comply;

c. A statement with sufficient detail to demonstrate a clear understanding of the PWS and provide evidence of planning and scheduling, including layout work efforts, in an efficient manner to perform requirements. This includes the positioning of equipment to meet all requirements in the Appendix B Area Maps or Site Plans.

Sub-factor B: A Sample Work Plan - Line Item 0010 "Indian Creek Recreation Area and Sewage

Treatment Plant (STP) Lagoon Area (Appendix B-37) - Mowing and Trimming (Limited to 3 pages):

The Offeror shall submit a Sample Work Plan indicating work efforts in accordance with the PWS that will be taken to ensure Mowing and Trimming is performed at Indian Creek Recreational Area and STP Lagoon Area. The work plan shall indicate equipment and labor hours required to perform work for each cycle, types of equipment to be utilized to accomplish work, tentative cycle schedule for performance of work, mobilization and staging requirements, safety concerns, and quality control measures to verify completion and correction of deficiencies.

Sub-factor C – Quality Control Plan (Limited to 7 pages):

The Offeror shall submit a Quality Control Plan, outlined in the PWS paragraph 2.1, Quality Control, for providing sufficient controls commensurate with the successful accomplishment of the project.

The Offeror must detail how quality control of the project will be verified in all major phrases of the work.

The Quality Control Plan shall also describe the surveillance methods that will be used to assure that Improved Mowing, Unimproved Mowing, Vegetation Control and Turf Renovation meet the requirements of the PWS and insure deficiencies in the quality of service are identified and corrected before the level of performance is unacceptable.

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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).

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

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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 (July 2013) (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 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) 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 (NOV 2011) (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)).

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

__X__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

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

__X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

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

13496).

__X__ (33)(i) 52.222-50, Combating Trafficking in Persons (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.

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

____(46) (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.

____ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (48) 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).

____ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X___ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (58)(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.

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

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

__X__ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

__X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

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

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

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _____ (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).

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 2 July 2022.

(End of clause)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from _3 Jan 2017 through 2 July 2022.

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

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

The following have been deleted:

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

(End of Summary of Changes)