W91QVN1-19-R-0186.docx

W91QVN19R0186

Section SF 1449 - CONTINUATION SHEET

NOTICE TO OFFERORS

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement, and to perform the contract. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies shall be determined by the Contracting Officer. All offeror(s) interested in competing for this requirement are required to submit their price proposal, as applicable, in Korean won only. A proposal submitted in currency other than Korean won will not be considered for award.

SCHEDULE OF SERVICE

1. GENERAL:

The contractor shall perform Preventive Maintenance, unscheduled on-call repair, and replacement parts of Material Handling Equipment’s (MHEs), DeCA Camps Yongsan, Humphreys, Casey and Yongsan CDC in strict compliance with this Performance Work Statement (PWS) and other terms and conditions contained herein.

2. SCHEDULE OF SERVICES.

Monthly PM including on-call

FFP

repair services of MHEs at Yongsan in accordance with paragraphs 3, 4 and 5 of Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: HQCWHC91292481

PSC CD: J039

NET AMT

Monthly PM maintenance including on-call repair of MHEs at Camp Casey in accordance with paragraphs 3, 4 and 5 of Performance Work Statement (PWS).

FOB: Destination

NET AMT

Monthly PM maintenance including on-call repair of MHEs at Cp Humphreys in accordance with paragraphs 3, 4 and 5 of Performance Work Statement (PWS).

FOB: Destination

NET AMT

Monthly PM maintenance including on-call repair of MHEs at Yongsan CDC in accordance with paragraphs 3, 4 and 5 of Performance Work Statement (PWS).

FOB: Destination

NET AMT

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

MATERIAL HANDLING EQUIPMENTS (MHEs)

1. SCOPE: The requirements for the preventative maintenance, unscheduled on-call repair, and replacement parts of Material Handling Equipment’s (MHEs) are to cover the area of Camps Humphreys, Casey, Yongsan and Yongsan Centrol Distribution Center (CDC) items listed as shown in Paragraph 10. The contract performance period is from 29 Aug 2019 thru 28 Aug 2020.

2. REQUIREMENTS:

2.1. General. The contractor shall provide all necessary skilled personnel, supervision, equipment, tools, replacement parts, materials and transportation, and shall perform the preventive maintenance and on-call repair of Material Handling list is in paragraph 10 in accordance with this PWS. The Contractor shall maintain the equipment in an “as is” condition. During the period, considerable variation in addition / deletion of equipment’s are up to total quantity of three (3) each, which will not be charged to this contract. The contractor shall follow Material Handling Equipment manufacturer’s specifications.

2.2 Contractor’s Personnel Qualification: The Contractor’s personnel shall obtain the following valid licenses granted by the Government of Republic of Korea (ROK).

a. Contractor Personnel’s Licenses: Craftsman Construction Equipment Maintenance Technician License (건설기계정비기능사 자격증) and Forklift Operation Technician Licenses (지게차 운전기능사자격증).

b All technical personnel shall have a minimum of one (1) year working experience with construction equipment’s maintenance listed in paragraph 10 of performance work statement or similar type of service required by this contract.

3. MONTHLY PREVENTATIVE MAINTENANCE:

3.1 Check all components for proper functioning including the performance of regular and systematic examination, tests, adjustments, repair, replacement, lubricant, and related cleaning.

3.2 Replace all unserviceable parts with new parts of identical quality. All unserviceable parts, checking, adjusting, repairing and cleaning of the equipment and restoring shall be replaced to operational working condition.

3.3 Test the equipment to ensure perfect working condition at all times. Available load testing, safety inspection and stencil on each MHE as “NEXT INSP DUE TO JAN. 2019”.

3.4 Performance Schedule: The contractor shall submit a monthly maintenance schedule to the Contracting Officer’s Representative (COR) prior to Contractor’s performance commencement. Contractor’s performance shall be made from Monday to Sunday, 0700-1800, excluding U.S. and ROK Holidays. However, unscheduled on-call repair services shall be performed even during on ROK Holidays.

4. EMERGENCY REPAIR (On-Call Repair Services):

4.1 The contractor shall be reached for on-call repair from Sunday through Saturday between hours of 0600-1800. The contractor shall make every effort to respond to emergency repair calls within four (4) hours, and all on-call work shall be completed within eight (8) hours after commencing the repair work. If the repair services cannot be accomplished at the site or within 8 hours after initiating repairs, the Contractor shall immediately notify the COR for resolution of the problem whether or not scale and others is required to be disposed further dismantled or replaced. The Contractor shall provide temporary replacement of the equipment when the Government requires it while the equipment is on inoperative line over ten (10) days.

4.2 Emergency repair shall include replacement of unserviceable parts, checking, adjusting, repairing and cleaning of the equipment and restoring to perfect working condition.

4.3 The Contractor shall furnish a Point of Contact (POC) in writing to the COR in order to receive work control documentations prior to contract performance commencement and/or when changes occur. The Contractor shall provide a local telephone number where the Contractor can be notified or contacted in case of emergency. Answering services and recordings are not sufficient for this purpose.

4.4 Unrepaired Machine: If the repair services cannot be accomplished at the site or within eight (8) hours after initiating repairs, the contractor shall immediately notify the COR for resolution of the problem whether or not the equipment is required to be disposed, further dismantled or replaced.

5. REPLACEMENT PARTS: The Contractor shall procure all repair parts and supplies for monthly preventative maintenance including any unscheduled on-call repair at no cost to the Government. The estimated total costs for parts for one-year period is not to exceed the amount of KW25,000,000. The item of parts that may acquire are listed in Appendix A – Parts List based on historical information, but not limited to the listed items. If the estimated cost for individual replacement part/material/component is under KW2,000,000 the contractor shall replace the part/material/component at no additional cost to the Government either preventative maintenance or unscheduled on-call repair. If material cost of repair/replacement exceeds KW2,000,000 it is considered to be major repair parts. All major repair parts exceeding KW2,000,000 will require to use a different contract vehicle such as a separate purchase order. All major repair service work will be determined and validated by the COR and submitted to the Contracting Officer.

6. ACCEPTANCE REPORT: The contractor shall prepare the report for the Government acceptance. The Contractor shall sign the report and obtain the signature of the COR.

7. PERFORMANCE REQUIREMENTS SUMMARY: This table specifies the standard for satisfactory performance of the tasks specified in this performance work statement. The contractor shall perform the tasks in accordance with manufacturer’s service manuals.

Performance Requirements Summary (PRS)

Standard

Remedy

Provide Monthly Preventive Maintenance Service

During maintenance services, make monthly checks to maintain all the MHEs as shown in Para 10 below and make sure they are operational. This includes, but not limited to: Inspection, testing, cleaning, lubrication, adjusting, alignment, repair, operational checkout, and other services in accordance with manufacturer’s maintenance manuals.

98% Observation and random inspection whether the MHEs as shown in Para 10 below in good operation.

Contractor shall re-perform for nonconforming maintenance without additional cost.

Provide emergency On-Call services.

The Contracting Officer Representative (COR) shall do monthly checks and inspections on the quality and repairs of all services IAW with the terms of the contract. This also includes active response times to On-Call services. Through the “Service Reports” and “On-Call” tickets, the COR will be able to track and validate the performance of the contractor.

98%

8. QUALITY CONTROL PROVISIONS:

8.1 Quality Control (QC): Quality control is the responsibility of the Contractor. The Contractor shall establish and implement to ensure that the requirements outlined in the PWS are met.

8.2 Quality Control Plan (QCP): The QCP shall be used throughout the life of this contract and shall be updated by the Contractor when changes occur that impact the QCP.

8.3 Quality Inspection Standards: The Contractor shall perform at minimum monthly inspections IAW Contractor’s QCP to ensure that services conform to the terms and conditions of this contract.

9. QUALITY ASSURANCE:

9.1 The COR will evaluate the Contractor's performance IAW the Quality Assurance Surveillance Plan (QASP) for those tasks listed in the PRS.

9.2 The COR will conduct random quality assurance inspections.

9.3 The COR will validate the service (s) to determine if the Contractor has performed all required services at a satisfactory level.

10. SCHEDULE OF ITEMS:

1. AREA II

Charger Battery

6 ea

Hand Pallet Jack

4 ea

Hand Pallet Jack

11 ea

Charger Battery

52 ea

2. AREA I

Hand Pallet Jack

4 ea

3. AREA III

Hand Pallet Jack

10 ea

Battery Charger

2 ea

11. ANTITERRORISM/OPERATIONS SECURITY:

11-1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR within 10 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

11-2. Access and General Protection/Security Policy and Procedures. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). 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. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

11-3. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

11-4. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

PARTS LIST

TOTAL AMOUNT

24,988,056

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

1. Contract Award:

1) The Government intends to execute a Firm-Fixed Price (FFP) type of contract for Preventive Maintenance and On-Call Repair Services for Material Handling Equipment’s (MHEs), DeCA

2) Award will be made to the responsible Offeror submitting the Lowest Price Technically Acceptable (LPTA) offer in accordance with the Federal Acquisition Regulation (FAR) Parts 12 “Acquisition of Commercial Items” and 13 “Simplified Acquisition Procedures” that satisfies all terms and conditions of the solicitation.

3) In accordance with FAR 52.212-1 “Instructions to Offerors-Commercial Items (JAN 2017), the Government reserves the right, based on the Government’s best interests, to make a determination to: 1) award without discussions; 2) make a single award for this requirement; 3) establish a competitive range in order to conduct discussions; and/or 4) make no award if, upon evaluation, none of the proposals are deemed likely to meet the requirements.

2. Proposal Submission

1) The offeror(s) are required to submit complete proposal (Technical Proposal, Past Performance Proposal, and Price Proposal) through Federal Business Opportunities (FBO) website (https://www.fbo.gov) no later than the solicitation closing date and time (23 July 2019, 1:00:00 PM (Local Korea Standard Time), 22 July 2019, 11:59:59 PM (Eastern Standard Time). Confirmation of submittal requirement prior to the quotation closing date and time is offeror’s responsibility. The proposal submittal other than FBO will not be considered for award. The offeror(s) shall round all unit prices to the nearest whole Korean Won (KRW) thereby eliminating the use of any decimal points.

2) Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all of the requirements of this solicitation. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make a contract award determination without any discussions with offerors.

3) Pre-Award Survey: A pre-award survey may be conducted on firms, indicating firm commitments to this acquisition that were included with the proposals. The pre-award survey is to determine the prospective contractor’s responsibility IAW FAR 9.104-1. Information may be requested as required by the Contracting Officer and the information shall be submitted within three (3) working days of the request.

4) Local Clause 5152.204-4032, Representations and Certifications: The offeror shall submit completed Local Clause 5152.204-4032, Representations and Certifications. The offeror shall indicate specific types and quantities of POL products upon which offeror’s based and for which tax exemption is allowed in the “Representations and Certifications.”

3. Official Means of Disseminating Information

1) Official Means of Disseminating information after solicitation issued through FBO such as requests for clarification and/or information concerning this solicitation shall be submitted in writing or electronically as followed information: (for each question, comment or observation, identify the Paragraph number being referenced)

411th CSB Humphreys Services Division, Team Dragon Attn: Yi, Kyong Ae Reference: W91QVN-19-R-0186, PM/On-Call Repair Services of Material of Handling Equipment (MHE), DeCA E-mail: kyongae.yi4.ln@mail.mil and yangi.no.ln@mail.mil

2). No information concerning this solicitation or requests for clarification will be provided in response to Offeror-initiated telephone calls. All such requests must be made in writing and submitted to the above email address. Written inquiries will be answered in writing and provided to all Offerors. The deadline for submission of questions regarding this solicitation is NLT within one (1) week after this solicitation issue.

4. General Instructions for Preparation of Proposal

Offerors are required to submit proposals electronically in response to this solicitation in the following:

FACTOR A Technical Capability – Prime Contractor’s Qualification: 2 Copies (1 Original + 1 Redacted Copy without company name or symbol)

FACTOR B, Past Performance: 1 Original Maximum of three contracts information required.

FACTOR C, Price Proposal: 1 Original

5. Submittal Requirements

Factor A - Technical:

Subfactor 1. Prime Contractor's Personnel’s Licenses:

- Craftsman Construction Equipment Maintenance Technician License (건설기계정비기능사 자격증)

- Forklift Operation Technician Licenses (지게차 운전기능사 자격증).

Subfactor 2. Contractor Personnel Prior Experience: The offeror shall submit respective resume (이력서/경력증명서) to present verifiable minimum working experience and qualification a written documentation stating at least one (1) year working experience with construction equipment’s maintenance listed in paragraph 10 of performance work statement or similar type of service required by this contract. The experience must have occurred within the past seven (7) years as of the closing date of the solicitation.

Note: Each factor and sub factor will be rated either acceptable or unacceptable. A rating of unacceptable for any factor or sub factor will result in an overall proposal unacceptable and will not be eligible for award.

Factor B. Past Performance: Authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The offeror shall have recent and relevant past performance in the same or similar projects related to this requirement. Recent past performance is within the last seven (7) years as of the closing date of solicitation. Relevant past performance are those that are the same or similar services based on size, scope, complexity, and contract type. The offeror shall describe its past performance on contracts it has held which are of similar scope and magnitude to that which is detailed in the solicitation. The Government may ascertain past performance information on the Offeror from sources other than the references provided. A minimum of three (3) references will be evaluated.

· Contract numbers

· Points of contact with telephone numbers

· Other relevant information

Factor C. Price: Price Proposal: The offeror shall complete the pricing information for each Contract Line Number (CLIN) identified that has quantity identified for base year.

Pricing shall be included for all CLINs (Prices shall be in Korean Won). Price analysis will be performed to determine the total evaluated price to support the selection of the lowest priced technically acceptable offeror. All fixed priced CLINs will be added to the total extended prices of requirements.

The offeror(s) shall round all unit prices to the nearest whole Korean Won (KRW) thereby eliminating the use of any decimal points.

The proposed price shall:

Be Reasonable: Acceptable estimating methodology for developing the price quotation.

Be Complete: Responsive to all solicitation requirements, all PWS items are included, and estimates can be traced.

Proposed prices will be evaluated in accordance with FAR 13.106-3 (a). The Government will evaluate offers for award purpose by adding the total of all CLINs prices.

Note: Price is not scored. The lowest price for award purposes will be base year period. Price shall include all CLINs as listed on the Price Schedule for base year period. The Government intends to evaluate proposals and award a contract without discussions as primary award determination. Therefore, offerors are instructed that submitted proposals should contain their best pricing.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Option Clause 52.217-8. The Offeror’s total price for the purpose of evaluation will base year and one-half of the base year. Offerors are required only to price the one (1) year. Offerors shall not submit a price for the potential one-half year extension of services period.

Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032 and Technical Exhibit A (POL Estimate).

Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

Signed Solicitation and Amendment: Signed first page of the solicitation (SF1449) and each amendment (SF30) (if any amendment were issued).

6. SITE VISIT: Offeror(s) are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

- Site Orientation/Preproposal Conference will be conducted at the following locations by DeCA, South Post, Yongsan.

Date/Time Location Point of Contact/Tel/E-Mail Address 27 June 19, 13:30 hrs, PM Gate #13 Gate , South Post Mr. Kim, Yong Chan, Tel: 0503-357-7009 E-mail: (yongchan.kim.kr@deca.mil)

- Offerors shall submit the following information to the above POC by 26 June 19 13:00 p.m. for temporary access to site:

· Company Name

· Name(s) (Maximum of 2 individuals per offeror)

· Korean Identification Number

· Vehicle Information (Model, Year, Driver’s License and License Tag number)

- The Attendee must bring a photo identification card (Korean: Ju-min-deng-rok-jung) or driver’s license

- Site Orientation is strongly recommend.

End of FAR 52.212-1 Instruction to Offerors – Commercial Items (Jan 2017), Addendum

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to the responsible Offeror submitting the Lowest Priced Technically Acceptable (LPTA) offer that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-price factors/subfactors.

All Technical factors and subfactors shall be evaluated on an acceptable or unacceptable basis. A rating of unacceptable for any factor will result in technically unacceptable rating. Failure to provide documents addressed below will result in a rating of “Unacceptable”.

Factor A - Technical:

Subfactor 1. Prime Contractor’s Personnel License:

- Craftsman Construction Equipment Maintenance Technician License (건설기계정비기능사)

- Forklift Operation Technician License (지게차 운전기능사 자격증) Subfactor 2: Contractor Personnel Prior Experience: Resume (이력서/경력증명서) for the proposed Technician(s) to present verifiable minimum working experience of one (1) year working experience with construction equipments maintenance or similar type of experience as as specified in the PWS within the last seven (7) years as of the closing date of solicitation..

NOTE: Failure to provide the above required registration certificate will result in a rating of “Unacceptable”. A rating of unacceptable for Technical Proposal will result in an overall unacceptable rating.

Factor B. Past Performance: Authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The offeror shall have recent and relevant past performance in the same or similar projects related to this requirement. Recent past performance is within the last seven (7) years as of the closing date of solicitation. Relevant past performance are those that are the same or similar services based on size, scope, complexity, and contract type. The offeror shall describe its past performance on contracts it has held which are of similar scope and magnitude to that which is detailed in the solicitation. The Government may ascertain past performance information on the Offeror from sources other than the references provided. A minimum of three (3) references will be evaluated.

· Contract numbers

· Points of contact with telephone numbers

· Other relevant information

Factor C. Price: Price Proposal: The offeror shall complete the pricing information for each Contract Line Number (CLIN) identified that has quantity identified to include:

(a) Schedule of Services (CLINs) of the RFP

(b) Prices shall be in local currency (Korean Won)

Pricing shall be included for all CLINs (Prices shall be in Korean Won). Price analysis will be performed to determine the total evaluated price to support the selection of the lowest priced technically acceptable offeror. All fixed priced CLINs will be added to the total extended prices of requirements.

The offeror(s) shall round all unit prices to the nearest whole Korean Won (KRW) thereby eliminating the use of any decimal points.

The proposed price shall:

Be Reasonable: Acceptable estimating methodology for developing the price quotation.

Be Complete: Responsive to all solicitation requirements, all PWS items are included, and estimates can be traced.

Proposed prices will be evaluated in accordance with FAR 13.106-3 (a). The Government will evaluate offers for award purpose by adding the total of all CLINs prices.

Note: Price is not scored. The lowest price for award purposes will be base year period. Price shall include all CLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussions as primary award determination. Therefore, offerors are instructed that submitted proposals should contain their best pricing.

Option Clause 52.217-8. As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the offer’s final period price to the offeror’s total price. Thus, the offeror’s total price for the purpose of evaluation will include the based period and one-half of the base period. Offerors are required only to price the base period. Offerors shall not submit a price for the potential one-half year extension of services period.

Local Clause 5152.204-4032, REPRESENTATIONS AND CERTIFICATIONS: The offeror shall provide a complete Local clause 5152.204-4032 and Technical Exhibit A (POL Estimate).

Point of Contact (POC): Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

Signed Solicitation and Amendment: Signed first page of the solicitation (SF1449) and each amendment (SF30) (if any amendment were issued).

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (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 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—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (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).

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

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

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

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

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

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

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

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

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

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

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

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

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

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

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (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.