W91QVN-19-T-0003.doc

Section SF 1449 - CONTINUATION SHEET

GENERAL

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) does not permit the U.S. Government to grant Invited Contractor or Technical Representative Status to any offeror for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. source, 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 business licenses directly from the ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. If the initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror demonstrates this authorization and capacity shall be determined by the Contracting Officer.

*** To prevent delay in award of this contract, prospective Contractors should immediately begin the System for Award Management (SAM) registration process by going to https://www.sam.gov/index.html ***

*** US Citizens submitting an offer shall therein prominently indicate their expected departure/PCS/DEROS date(s) and their sponsor’s current expected departure/PCS/DEROS date(s) or they may not be considered for award. ***

IAW AR 165-1, Paragraph 14-2, this contract will only be utilized when no military personnel (or other uniformed personnel), DoD civilians, or volunteers are available to perform these services. Use of the Contractor will be on an intermittent/temporary basis. The Contractor shall invoice only for services actually performed and the using chapel/church will actively recruit volunteers in printed literature and verbally before, during, or after religious services. The presiding chaplain/COR will advise the Contractor at the end of each performance of the day if the Contractor’s services will be required for the next occasion. The Contractor shall obtain such advice prior to performing subsequent services, either from the chaplain or COR. This contract may be terminated at any time for the convenience of the Government.

PIANIST SERVICE

FFP

FOB: Destination

PSC CD: G002

NET AMT

PIANIST SERVICE FOR REHERSAL

NET AMT

PIANIST SERVICE FOR SPECIAL EVENTS

NET AMT

REHERSAL SERVICE FOR SPECIAL EVENTS

The Contractor shall provide Pianist/Organist Service for Catholic Mass including rehearsal at 1130 hours on Sunday at West Casey Chapel in Camp Casey (1 unit approximately 2 hours) IAW PWS 5.1.1.

NET AMT

CONTRACTOR MANPOWER REPORTING (CMR)

CMR Requirement must be reported by 31 October of each calendar year during the life of the contract. See the paragraph 5.3 of PWS for CMR Requirements

NET AMT

ESTIMATED COST FOR WAR HAZARD LOSSESS

IS ZERO (O)

NET AMT

PERFORMANCE WORK STATEMENT (PWS)

FOR

PIANIST FOR TRADITIONAL SERVICE AT 1100 HOURS ON SUNDAY

AT FREEDOM CHAPEL, USAG-HUMPHREYS

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide Pianist Service for Traditional Service at 1100 hours on Sunday at Freedom Chapel in Camp Humphreys. The Government will not exercise any supervision or control over the contract service providers performing the services herein.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items except as hereinafter designated as Government-Furnished property, necessary to perform non-personal services as the 1100 hours on Sunday at Freedom Chapel in Camp Humphreys in this Performance Work Statement (PWS).

1.2 Period of Performance: The Period of Performance (POP) shall be for one (1) base year of 12-month.

1.2.2. Base Year: 1 February 2019 thru 31 January 2020

1.2.3. The above performance periods are subject to change depending on actual date of award

1.3 General Information

1.3.1. Hours of Operation: The service shall be provided on Sunday Weekly Service and Rehearsals as scheduled by the choir leader. In order to provide the services required, the Contractor shall be available to the congregation as deemed necessary to accommodate the program. The Contractor shall invoice and be paid only for services performed.

1.3.2. Recognized Holidays: All National Holidays are observed.

1.3.3. Place of Performance: The work to be performed under this contract shall perform at Freedom Chapel, Camp Humphreys.

1.3.4. Physical Security: If the Contractor is authorized a key(s) for facility access, contractor shall safeguard all key(s) issued to them by the government and return them once contract is completed or terminated with-in 24hrs. If a key is lost, the contractor is responsible for notifying the Chaplain’s Office Key Control NCOIC within 24 hours of noticed loss. The contractor shall ensure that the equipment and facilities being used have been secured prior to departure. Contractor shall not remove any property from the Chapel for any reason without prior approval from the Garrison Command Chaplain NCOIC, who is the Directorate’s Primary Property Hand Receipt Holder.

1.3.5. Government Observations: The Government may have senior military officers and/or civilian dignitaries attend the worship service. Contractor shall continue to perform services as contracted.

1.3.6. Quality Control Program (QCP): Reserved.

1.3.7. Quality Assurance: Reserved.

13.8. Type of Contract: The Government will award a Firm-Fixed Price Contract.

1.3.9. Special Qualifications:

1.3.9.1. The Pianist shall possess diploma or certification of two (2) years studies/formal training as an Undergraduate Piano or Organ Performance Major (verified by transcript).

1.3.9.2. The Pianist shall have at least two (2) years of experience as a church or chapel musician in pianist service.

1.3.9.3. The Pianist shall be able to sight read musical notes of hymns/music in the Armed Forces Hymnal and Hymnal utilized by assigned chapel and lead four (4) part harmony.

1.3.9.4. The Pianist shall be able to communicate in English. English will be the primary language that the Contractor shall present all contracted services.

1.3.9.5. The Contractor shall present a neat, well-groomed appearance at all times during the performance of this contract.

1.3.10. Contracting Officer’s Representative (COR): Reserved.

1.3.11. Key Personnel: Reserved.

1.3.12. Contractor Personnel Conduct: Reserved.

1.3.13. Antiterrorism (AT) and Operations Security (OPSEC):

1. 3.13.1. AT Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility, or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 15 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 or to the KO, if a COR is not assigned within 30 calendar days after completion of training by all employees and subcontractor personnel. The training website for non CAC holders is http://jko.jten.mil/courses/atl1/launch.html.

1. 3.13.2. Access and General Protection/Security Policy and Procedures: The 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 Conditions (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1. 3.13.3. iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 15 calendar days after contract award and with 15 days of new employees commencing performance with the results reported to the COR NLT 30 days after contract award.

DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

2. Definitions and Acronyms:

2.1. Definitions:

2.1.1. Contractor. A supplier or vendor awarded a contract to provide specific supplies or service 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 appointed by the Contracting Officer to administer the contract. 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. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. Equipment: A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.7. Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.8. Service/Rehearsal. A period of worship service or choir/musician rehearsal. A period is NOT one service/rehearsal = 60 min in length. One service/rehearsal is from start time to completion in one setting.

2.1.9. Unit of Service. One worship service or rehearsal. A Unit is NOT one service/rehearsal = 60 min in length. A Unit is one service/rehearsal is from start time to completion in one setting.

2.1.10. Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.11. Non-Personal Services. The personnel rendering the services are not subject; either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. Non personal service contracts are authorized by the government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.12. Property. All tangible property, both real and personal.

2.1.13. Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.14. Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.15. Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.16. Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.17. Quality Assurance Surveillance Plan. An organized document written by the government specifying the surveillance methodology used for surveillance of contractor performance.

2.1.18. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.19. Substitution. Any use of a substitute must be indicated to the Contracting Officer's Representative (COR) not less than (NLT) seven days prior to commencement of the substitution. In the event of an emergency, i.e. Illness or family crisis, the COR may waive this seven-day notification requirement. The contractor - not the Government - shall be responsible for any payment of the substitute.

2.1.20. Unit Acquisition Cost means— (1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and (2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.21. Wide Area Work Flow (WAWF): A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.22. Government Furnished Items and Services: The Government will make available to the Contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials, and equipment (i.e., song books, sheet music, piano and organ, and sound system) that they need for the performance of the services under this contract.

2.1.23 Conservation of Utilities and Supplies: The Contractor shall ensure that only the items and the quantities of those items that are absolutely necessary for the conduct of the service are used.

2.2. Acronyms:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CAP

Contractor Acquired Property

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

GFP

Government-Furnished Property

HIPAA

Health Insurance Portability and Accountability Act of 1996

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

PA

Property Administrator

PIPO

Phase In/Phase Out

POC

Point of Contact

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

WAWF

Wide Area Work Flow

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Chapel Facilities: The Government will make available to the contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials and equipment (i.e. song books, sheet music, piano and organ, and sound system) that they need for the performance of the services under this contract.

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: None.

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Specific Tasks: The Contractor shall perform the following services:

5.1.1. Provide Piano Music for the Weekly Services: The Contractor shall provide musical accompaniment on the piano during the weekly worship services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director to include “warm-ups” of fifteen (15) minutes or less prior to the service. The weekly service shall be the 52 regular services (1 Unit equal approximately 2 hours).

5.1.2. Total number of rehearsals shall not exceed 62 including special events. Times of rehearsals may be anytime between 1700 to 2100 hours on every Thursdays for the services. The rehearsal will coordinated with Senior Pastor and Choir Director. The rehearsal will coordinated with Senior Pastor and Choir Director.

5.1.3. Provide piano/organ music for special services: Contractor shall provide musical accompaniment on the piano/organ during special services to include preludes, postludes, offertories, congregational hymns, and other music as selected during the worship hour; music performed by the choir, and soloists as coordinated by the choir director to include "warm-ups" of at least fifteen minutes prior to the service. Special services include all Evening services, all Holy Days of Obligation, Advent and Christmas, Lent and Easter as well as memorial services. Times of operation may be anytime between 0600 to 2100 hours for special services and any day during the weeks. The number of special services shall not exceed 10.

5.2. Performance Requirements Summary: The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

5.3. Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Pianist Service via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".

6. Applicable Publications (Current Editions)

6.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

6.2. AR 165-1, Chaplain Activities in the United States Army, 25 Dec 2009.

6.3 DA Pam 165-18, Chaplaincy Resource Management, 21 Jan 2000

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2008)

1. The Government intends to execute a Firm Fixed Price (FFP) contract for Pianist/Organist Service for Traditional Service at 1100 hours on Sunday at Freedom Chapel in Camp Humphreys. 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 13.106 that satisfies all terms and conditions of the solicitation. Offers will be evaluated for acceptability, but not ranked using the non-cost factors/sub-factors. All non-cost factors and sub-factors will be rated as either "acceptable" or "unacceptable". In order to be considered for award, there must be an acceptable" rating in every non-price factor/sub-factor. In other words, a rating of "unacceptable" for any factor or sub-factor will result in the entire offer being rated "unacceptable".

In accordance with FAR 52.212-1 "Instructions to Offerors-Commercial Items (OCT 2015), 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: Offerors’ proposals shall adhere to the following instructions:

2.1. These instructions are designed to ensure submission of essential information in order for the Government to understanding and evaluate proposals. Offerors are cautioned to follow the detailed instructions fully and carefully, as the Government reserves the right to make award based on initial offers received, without discussions with Offerors.

2.2. Offerors are cautioned to submit adequate information to enable the Government team to fully ascertain each Offeror’s capability to perform all of the requirements identified in the solicitation. All commitments made in the proposal shall become a part of the resultant contract.

FACTOR 1-TECHNICAL PROPOSAL:

Sub-Factor 1 - Pianist's Education: The pianist shall submit a copy of diploma or certification of two (2) years studies/formal training as an undergraduate Piano or Organ Performance Major (verified by transcript).

Sub-Factor 2-Pianist's Experience: The pianist shall submit a resume with at least two (2) years of experience as a church or chapel musician in Pianist Service within the last five (5) years from the solicitation issuance date. The resume must clearly identify as required below:

- Pianist Full Name

- A description of qualifying work experience

- Name of the client organization, complete name/phone number of validating point of contact (POC)

- Length of work experience (year/month/date-year/month/date)

Sub-Factor 3- Pianist Interview/Audition: The interview/audition will be conducted only for offeror who is technically acceptable (Sub-factor 1 and 2) in accordance with paragraph 1.3.9.3. and 1.3.9.4. of the Performance Work Statement. The schedule of interview/audition will notify by contracting office.

FACTOR II-PAST PERFORMANCE:

Past performance shall be evaluated on an acceptable/unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, “unknown” shall be considered “acceptable”.

The offeror shall provide recent and relevant past performance in Pianist Service. Recent past performance is within the last five (5) years as of the opening date of the solicitation. Relevant past performance are those that the “same or similar” services based on size, scope, complexity, and contract type.

a. Contract references: For each Past Performance submission as required in the below format:

· A description of work completed.

· Name of the client Organization or Requiring Activity.

· Length of contract/project (year/month/date – year/month/date)

· Complete name, and phone number of point of contact (POC) at Client Organization.

b. The Government may send a Past Performance Questionnaire to the POC listed by the Offeror for each relevant contract, who will subsequently be requested to submit information to the Government no later than 3 days after Government issuance of the questionnaire.

NOTE: Offerors are reminded that while the Government may elect to consider data obtained from other sources, the Government does not assume the duty to search for data to cure problems it finds in the proposals. The burden of providing thorough and complete past performance information rests with the Offeror.

FACTOR III – PRICE PROPOSAL: The Offerors shall provide complete price quotation to include:

1. Schedule of Services (CLINs) of the RFQ.

2. Prices shall be in local currency (Korean Won)

------------End of Addendum to FAR 52.212-1 Instruction to Offeror-Commercial Items (June 2008) --------------------

ADDENDUM to FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)

(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 Price 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 non-price factors and subfactors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/subfactor. In other words, a rating of “unacceptable” for any factor or subfactor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price factors and subfactors except Past Performance:

The following ratings will be used in evaluating Past Performance:

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/ unacceptability, “unknown” shall be considered “acceptable.

FACTOR I - TECHNICAL CAPABILITY:

Sub-Factor 1 - Pianist's Education: The pianist shall be evaluated on the submitted a copy of diploma or certification of two (2) years studies/formal training as an undergraduate Piano or Organ Performance Major.

Sub-Factor 2-Pianist's Experience: The pianist shall be evaluated on the submitted a resume with at least two (2) years of experience as a church or chapel musician in Pianist Service within the last five (5) year. The resume must clearly identify as required below:

- Pianist Full Name

- A description of qualifying work experience

- Name of the client organization, complete name/phone number of validating point of contact (POC)

- Length of work experience (year/month/date-year/month/date)

Sub-Factor 3-Pianist Interview/Audition: The interview/audition will be conducted only for offeror who is technically acceptable (Sub-factor 1 and 2) in accordance with paragraphs 1.3.9.3. and 1.3.9.4. of the Performance Work Statement. The schedule of interview/audition will notify by contracting office.

FACTOR II - PAST PERFORMANCE:

Past performance shall be evaluated on an acceptable/unacceptable basis. Offerors are authorized to provide information on the problems encountered on the identified contracts and the Offeror’s corrective actions. The Government may ascertain past performance information on the Offeror from sources other than the references provided. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

The offeror shall have recent and relevant past performance in Pianist Service. Recent past performance is within the last five (5) years as of the opening date of the solicitation. Relevant past performance are those that are the same or similar services based on size, scope, complexity, and contract type.

The past performance will be evaluated for all offeror’s proposals by the Contract Specialist/Contracting Officer in the following manner:

Review of the detailed explanation submitted by offerors demonstrating the relevance of the references to the requirements of the solicitation.

References will be contacted by phone or email to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance.

FACTOR III. - PRICE: Price analysis will be performed to determine price reasonableness in accordance with FAR 13.106.

(c) 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.

------------------- End of Addendum to FAR 52.212-2 Evaluation-Commercial Items (JAN 1999) -------------------------

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.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (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—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).

____ (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 (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.

X 2) 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).

X 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)).

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

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

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

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

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

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

(xx) 52.225-26,…