District of Columbia National Guard Lodging BPA

Amendment 0001

 The purpose of the amendment is to include the following information: revisions to Statement of Work (Attach 1) to include specific ratings and information regarding outdoor room access, revision/updates to the BPA Terms and Conditions(see below); include SCA Wage Determination (Attach 3); Answers to Questions (Attach 5); and change POC email to stacey.little.1@us.af.mil.

           

           Combined Synopsis/Solicitation

(IAW FAR 12.603)

This is a combined COMBINED SYNOPSIS/SOLICITATION for LODGING for the District of Columbia (DC) Air National Guard. This announcement is prepared in accordance with the format in FAR Subpart 12.6, and Part 13 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quotation (RFQ) W50S6W-20-Q-6004.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04. It is the responsibility of the offeror to review the website for notice of amendments, updates, or changes to the solicitation.

The Government intends to award multiple firm-fixed price Blanket Purchase Agreements for short-term and long-term lodging of personnel as defined within the Statement of Work as a result of this solicitation. The associated North American Industrial Classification Systems (NAICS) code for this requirement is 721110, “Hotels (Except Casino Hotels),” with a size standard of $35M.

This is a 100% small business set-aside with a geographical restriction.

The geographical restriction for this requirement is within a 15-mile radius of Joint Base Andrews, MD; 8-mile radius of Ft. Belvoir, VA; and 10-miles of DC Armory in Washington, DC.

This requirement shall require offerors to furnish rooms and related services for the DC Air National Guard, Army National Guard, and others as designated, participating in Unit Training Assemblies (UTAs), Secondary Unit Training Assemblies (SUTAs), other Inactive Duty Training (IDT), and Active Duty for Training Statuses (AT).

The period of performance for this requirement is 5 years from award – approximately 1 September 2020 to 31 August 2025.

All potential offerors are reminded that compliance with FAR 52.204-7, System for Award Management (SAM), is mandatory. Lack of registration in SAM will make an offeror ineligible for award. Registration for SAM can be completed at https://www.sam.gov.

The Government reserves the right and may award based solely on information contained in the quote and is not obligated to seek completion or clarification if the original quote is unclear. All quotes submitted shall be the Contractor’s Best Quote as it is in the Government’s intent to entertain one (1) final quote only.

ADDITIONAL PROVISIONS IN FULL TEXT

*FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (Jan 2017) applies to this acquisition

Quotes must be received no later than 4:00pm Eastern Standard Time (EST) on 24 August 2020. Quotes received after this timeframe shall not be considered for award. The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the quote Quotes shall be emailed to:

MSgt Stacey M. Little

Contract Officer

240-857-0076

Email: stacey.little.1@us.af.mil

All questions concerning this procurement, either technical or contractual must be submitted electronically to the Contracting office.  Questions and answers discussed during the site visit will be posted on beta.SAM. Telephone and other means of oral communication will not be permitted. The deadline for submittal of questions regarding this solicitation is 12:00pm Eastern Standard Time (EST) on 10 August 2020. Answers will be provided no later than (NTL) 4:00pm Eastern Standard Time (EST) on 18 August 2020. Questions shall be sent by email to the following point of contact:

MSgt Stacey Little

Contract Officer

240-857-0076

Email: stacey.little.1@us.af.mil

All price quotations must be submitted on Attachment 2 – Price List.  This is a Firm Fixed Price (FFP) requirement. Failure to provide pricing on any line item may result in the vendor being deemed non- responsive, and subsequently being removed from consideration for award.

Technical documentation submitted by the vendor shall be provided via email in a separate document and shall not exceed 10 pages.  This page limit encompasses cover page, contents, mission statements, and all other data not specifically requested by the Government.  Failure to adhere to these standards may result in the vendor being deemed non-responsive and subsequently being removed from consideration for award.

Late quotes shall be processes in accordance with FAR 52.212-1(f) - late submissions, modifications, revisions, and withdraws of offers.

1. Price Schedule-which asserts the company, will provide the supplies and services to the minimum standards indicated in this solicitation and associated Statement of Work (SOW). Completing the attached Price List (Attachment 2) of this document and submitting a completed copy qualifies as a price schedule.

1. Sleeping Room Literature/Depiction and Geographic Restrictions-which provides a brief description of the sleeping rooms to include, square footage, in-room conveniences, and picture(s) and/or illustrations of the space, the anticipated number of single and double rooms offered, and proof location is within geographic restriction.

OFFERS MUST BE SENT TO stacey.little.1@us.af.mil AS STATED ABOVE. ANYTHING OTHERWISE CAN AND WILL BE CONSIDERED NONRESPONSIVE.  YOU MAY WISH TO PLACE A READ/DELIVERY RECEIPT.

Note:  .zip files are not an acceptable format for the Air Force Network and will not go through our email system.

FAR Provision *52.212-2, Evaluation -- Commercial Items (Oct 14), applies to this acquisition and the following evaluation is applicable:

A. Basis for Contract Award: The Government intends to award multiple blanket purchase agreements resulting from this solicitation to responsible vendors whose offer conforming to the solicitation will be most advantageous to the Government, considering the factors listed in this provision.

 1. In accordance with FAR 13.106-2, the Government will utilize comparative evaluations, and give preliminary considerations to all offers received in response to the solicitation. The Government may identify from all evaluated quotes readily discernible value indicators that fall within the parameters of the evaluation factors outlined in this provision. Therefore, the Government reserves the right to select an awardee that provides benefit to the Government that exceeds the minimum outlined standards, but is not obligated to do so. Additionally, the Government is not bound to select an awardee whose quote may exceed the minimum requirement, but whose additional value or benefit is not deemed substantial enough by the Government.

2. The Government is not limited to the quote that only meets the minimum described in the below factor(s) and provides the lowest price. However, if no quotes received in response to the solicitation exceed the minimum criteria outlined in this provision, as determined by the Government; then the Government intends to award a contract to the lowest priced offer that meets the instructions outlined in 52.212-1, and the minimum requirements outlined in this provision whose price can be determined both fair & reasonable by the Contracting Officer.

3. The Government intends to make an agreement without conducting discussion with vendors after the close of the solicitation. Therefore, vendors should provide their best available pricing and technical quotes to the Government in their initial quote. However, the Government reserves the right to enter into discussions with all, some, or none of the offers at any time during the evaluation period if deemed in the best interest of the Government.

B. Evaluation Factors: The following shall be used by the Government to evaluate quotes:

1. Price: The prices will be evaluated by averaging the monthly rates for single and double occupancy.   

     Then the average single and double occupancy rates will be averaged for evaluation purposes to    

     determine an average total price. The rates shall not exceed the maximum allowable lodging rates

     provided on Attachment 3.

1. Technical Acceptability- determination will be made based on the contractor’s ability to meet the requirements listed in the attached Statement of Work and the geographic restrictions.

ATTACHMENTS

Attachment 1- Statement of Work

Attachment 2 – Price List

Attachment 3 – SCA Wage Determination

Attachment 4- Maximum Allowable Lodging

Attachment 5 - Questions and Answers

TERMS AND CONDITIONS PREPRICED BLANKET PURCHASE AGREEMENT

1. GENERAL.

1.Description of Agreement. The DC Air National Guard and DC Army National Guard have a primary requirement for commercial lodging and associated support services to house military members on RSD status. RSD status may fall on any day of the month for select individuals, but generally the requirement for lodging exists over the course of one (1) weekend per month. Over these “RSD weekends”, approximately 60 rooms will be required in the Joint- Base Andrews area and 25 rooms will be required for the DC Armory and Ft. Belvoir areas. Required nights of lodging for eligible personnel may occasionally increase or decrease significantly, depending on mission requirements. Due to AT/OPSEC requirements, only limited dates for known required lodging will be provided in this Statement of Work for predetermined RSD training periods; additional dates shall be provided at the time of any resultant award to an interested party who provides a successful offer. Additionally, requirements may exist for lodging outside of the primary “RSD Weekends” throughout the course of any given month. The contractor shall provide lodging upon request by the Government. The Government will establish a BPA with the responsible business whose quote, conforming to the solicitation and associated Statement of Work (SOW) will be most advantageous to the Government. If a business’s quote is found to be technically acceptable in accordance with this solicitation, price may be the determining factor. The objective of this agreement is to provide commercial lodging and associated (authorized) services for the DCANG and DCARNG in the Capital Region while achieving the best terms, conditions and pricing. Additionally, the 113th Services Flight seeks to streamline invoicing, billing, payment, ordering and delivery processes while standardizing existing reporting and analytical methods for audit and asset management. The payment vehicle for RSD Troop Housing shall be the method that is most advantageous to the government with regard to administrative requirements. The primary method of payment shall be through Government Purchase Card (GPC); an occasional payment via Wide Area Work Flow (WAWF) may also be authorized by the Contracting Officer.

1.2.1 This Agreement, including Paragraphs 1.2.1 and 1.2.2, may be modified or may be canceled in its entirety by either party upon thirty (30) days written notice to the other party, except that this Agreement may be canceled by the Government at any time if the parties fail to agree upon any deletion, amendment, or addition to this Agreement which is required by statute, executive order, the FAR, and/or this supplement. No deletion, modification, addition to, or cancellation of this Agreement shall affect any other contracts therefore entered into between the parties in which this Agreement or portion thereof has been incorporated by reference.

1.2.2 This Agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform to all requirements of statutes, executive orders, the FAR, or this supplement. This revision shall be evidenced by an agreement modifying this BPA or by the issuance of a superseding BPA.

2. BPA AUTHORITIES.

2.1 Contracting Officer’s Authority. The DCANG Base Contracting Officer (hereafter BCO) is the ONLY person authorized to direct changes in any of the requirements under this BPA and notwithstanding any provisions contained elsewhere in this BPA, said authority remains solely with the BCO. In the event the contractor effects any such unauthorized change at the direction of any person other than the BCO, implementation of such change shall be considered made without authority and solely at the risk of the contractor.

2.2 Contractor’s Authority. The contractor shall not accept any instructions issued by Government personnel other than those given by the BCO or the Contracting Officer’s Designated Government Representative acting within the limit of his/her written authority. The contractor shall not in any way represent that he/she is a part of the U.S. Government or that he/she has any authority to contract or procure supplies under the account of the United States of America or the DCANG.

3. TERMS OF THE BPA.

3.1 The term of this BPA shall be five (5) years from date of the signature or a BPA total dollar value cap of $975,000.00, whichever occurs first. Additionally, no single “call” or “order” shall exceed $50,000.00. The BPA shall be reviewed on an annual or basis by the 113th Contracting Office staff to assess contractor performance and to determine whether this agreement remains in the best interest of the DC Air National Guard and Army National Guard.

4. EXTENT OF GOVERNMENT OBLIGATION.

4.1 Payment shall be authorized for any military member checking into Contractor provided commercial lodging with an advanced authorized reservation being made for the individual on RSD status ONLY, by the authorized Contracting Officer’s Designated Government Representative in the 113th MSG Services Flight.

4.2 Calls made under this BPA are tax exempt from Maryland and Virginia State, Municipal, or other taxes. Taxes shall not be included on any invoice. State Tax Exempt certificate provided upon request.

4.3 The extent of the Government’s obligation shall be limited to ROOM CHARGES ONLY. Any additional room charges (e.g., telephone calls, valet services, room service, parking service, pay-per-view television services) shall be collected directly from the military member at the time of check out.

​​​​​​​5. OBLIGATION OF FUNDS.

5.1 This BPA DOES NOT obligate any funds. Funds shall be obligated when Call Orders (aka “Calls”) are placed against this BPA by the Base Contracting Officer. The government is only obligated to the extent of authorized individual purchases (Calls) actually placed against this BPA.

​​​​​​​6. PRICING.

 Pricing under this BPA shall be subject to the following requirements:

6.1 Contractor shall indicate the BPA pricing offered per room/per night, for both single and double room occupancies.

6.2 Contractor shall provide rates at or below the Federal Government’s local per diem rate in place at the time of the BPA Call (reservation). Prices should be at or below prices offered to the contractor’s most favored customer(s); to include discounts offered for prompt payment. The Federal Government is tax exempt.

6.3 Contractor shall continuously review and refresh pricing to remain competitive.

6.4 For all pricing plans negotiated with the placement of this BPA, the following shall apply:

6.4.1 Pricing may decrease at any time without the Contracting Officer’s approval.

6.4.2 Additional services above and beyond those minimum requirements identified in the associated statement of work may be added by the contractor to any rate plan at any time, provided that any additional services provided do not increase the price of that plan.

6.4.3 Price changes resulting in an increase to the agreed upon price plan require written approval of the Contracting Officer.

6.4.4 If the Contractor and/or Contracting Officer do not agree on pricing, this BPA shall not be utilized.

6.4.5 The Contracting Officer’s approved Price Lists shall be provided on a separate document. The Price List shall identify a priority listing of properties to lodge personnel based off of predetermined rates for single and double rooms for a predetermined period of time. The only authorized rates for invoicing purposes that the contractor is permitted to use are the rates identified on the Approved Price List that is in place at the time that a request for lodging is placed by the Contracting Officer or the Contracting Officer’s Designated Government Representative. The contractor may invoice at rates lower than those rates on the Approved Price List, but shall not invoice for a higher dollar amount.

​​​​​​​7. AUTHORIZED BPA USERS.

7.1 Any DCANG or DCARNG member entitled to billeting while on Regularly Scheduled Drill (RSD) status is an “Authorized RSD User”. It is the sole responsibility of the member to provide sufficient notice to the Contracting Officer or the Contracting Officer’s Designated Government Representative when it is known by the member that lodging is required. Lodging requests placed against the BPA to make reservations for members on RSD status shall only be made by the Contracting Officer or the Contracting Officer’s Designated Government Representative. Members are NOT authorized to make their own reservations. Any member making their own reservations shall pay for the costs incurred at their own expense (THIS EXPENSE SHALL NOT BE PAID BY THE U.S. GOVERNMENT).

​​​​​​​8. INDIVIDUALS AUTHORIZED TO PLACE ORDERS AGAINST THIS BPA.

8.1 See Contracting Officer’s Designated Government Representative appointment letter provided separately.

​​​​​​​9. CALL / PURCHASE LIMITATION.

9.1 Individual call orders issued against this BPA shall NOT exceed $50,000.00. The aggregate of all call orders issued against this BPA shall not exceed $975,000.00.

​​​​​​​10. BPA CALL ORDERS.

10.1 Call Orders will be placed against this BPA individually (aka “Calls”). A BPA Call Order number is a four-digit sequential numeric identifier of each order placed. Each Call Number shall correspond to a single billing cycle’s transactions. Billing cycles shall begin on the first of the month, and conclude on the last day of the month. For example, all nights of lodging provided by the Contractor throughout Sept, 2020 (1st-30th of the month) shall correspond to Call #5001. All requests for lodging made by the Contracting Officer’s Designated Government Representative to the Contractor throughout the month of June shall be included in June’s billing cycle. Sequentially, all nights of lodging provided throughout the month of Oct, 2020 (1st-31st of the month) shall correspond to Call #5002, and so on. Alternative billing cycle dates may be used at the discretion and approval of the Contracting Officer.

10.2 Authorization for placing and administering Call Orders in excess of $25,000.00 under this BPA is solely the responsibility of the Contracting Officer. This authority may only be re-delegated to other 113th Contracting Office Staff personnel who possess the appropriate warrant.

​​​​​​​11. CALL ORDER PROCEDURES.​​​​​​​

11.1 Call Orders shall be issued on a monthly basis. As training dates are identified that require DCANG members on RSD status to be housed in commercial lodging, the Contracting Officer’s Designated Government Representative will compile this information (names of members and dates of lodging required) to provide a request to the contractor in which the 113th Services Flight has entered into a BPA with for commercial lodging. This request may also be made by the Contracting Officer. When requests for lodging are issued, the Contracting Officer shall assign a “Call Number” for each month in which lodging is required. The names of the individuals and dates of lodging required for each member shall be placed on a “Call Sheet” by the Contracting Officer’s Designated Government Representative, which is submitted to the Contractor when either:

   11.1.1 all known requirements for lodging have been identified

    11.1.2 the Contracting Officer’s Designated Government Representative has reached the maximum Call Limit ($25,000.00)

11.2 There is no stated minimum number of rooms that are required to be reserved for members for any given Call Order that is issued; however, the individual Call Limit of $50,000.00 shall not be breached in any case where lodging is required.

11.3 The Contracting Officer’s Designated Government Representative shall provide the contractor with a list of names of DC ANG and ARNG members on RSD status who require lodging for each call. The listed names are subject to changes upon notification from the Contracting Officer or the Contracting Officer’s Designated Government Representative. For RSDs, call sheets will be provided to the contractor no later than 1 week prior to any regularly scheduled RSD. For training periods or RSDs that are made up outside of the primary UTA weekend, the dates of required lodging and the names of the individual(s) requiring lodging shall be provided to the contractor by the Contracting Officer or the Contracting Officer’s Designated Government Representative immediately upon notification of the requirement. It is incumbent upon the member or member’s Supervisor to notify the Contracting Officer or the Contracting Officer’s Designated Government Representative of this requirement in a timely manner to ensure that lodging can be secured for the member over the dates that are required.

11.4 Members whom are not listed on the Call Sheet for the month in which the Call Order is issued are not authorized a room without an email/phone authorization from the Contracting Officer or the Contracting Officer’s Designated Government Representative.

​​​​​​​12. INVOICE REQUIREMENTS.

12.1 Invoices / folios shall be provided for each Call Number placed against this agreement and shall contain the following information:

        12.1.1 Contractor’s name, telephone number and physical address

        12.1.2 The appropriate BPA number (e.g., W912L9-19-A-5000)

        12.1.3 The BPA Call Number issued by the 122nd  FW (e.g., 5001, 5002, 5003, etc.)

        12.1.4 Dates of billing cycle (e.g. 1 DEC 2019 to 31 DEC 2019)

        12.1.5 Itemized list of individuals staying in contract quarters, to include the date(s) that were utilized. If subcontractors are authorized by the Contracting Officer, Summary Invoices for each property, complete with member’s names and individuals dates of lodging for the billing cycle at each property, shall be submitted to the Contracting Officer’s Designated Government Representative.

             12.1.6 Quantity, unit price, extended price of each reservation less all applicable discounts offered. If subcontractors are authorized by the Contracting Officer, One single dollar amount for one single payment shall be provided as a cumulative total of all subcontractor’s invoices throughout the billing cycle. Multiple invoices for the same billing cycle are not authorized.

                 12.1.7 Required invoicing documentation shall be sent to the Contracting Officer’s Designated Government Representative / 113th Services Flight not later than 7 business days after the billing cycle has ended.

                12.1.8 The primary method of invoicing shall be through Government Purchase Card (GPC); an occasional invoice to be paid via Wide Area Work Flow (WAWF) may also be authorized by the Contracting Officer.

12.2 The Contracting Officer’s Designated Government Representative / FSS Services Flight is responsible for reviewing the invoice for accuracy and for ensuring that invoices are properly and accurately documented through GPC and/or via WAWF  procedures.

12.3 The contractor is expected to correct deficiencies brought to its attention by the Government or otherwise known by the contractor in as expedient of a manner as possible. The contractor shall prepare and submit invoices in accordance with paragraph 12.1.

​​​​​​​13. PAYMENT METHOD.

13.1 The primary method of payment shall be through Government Purchase Card (GPC); an occasional payment via Wide Area Work Flow (WAWF) may also be authorized by the Contracting Officer.

​​​​​​​14. ADDITIONAL CONSIDERATIONS.

1. 1. The following shall apply to all BPAs established by the 113th Contracting Office:

14.1.1 SUBCONTRACTING. The contractor shall furnish lodging in his or her establishment or at a location agreed to by the Contracting Officer. The contractor shall not subcontract to any other establishment or any other location not specified in the BPA without prior written approval from the Contracting Officer. Establishments proposed for subcontracting shall meet all of the terms, conditions, and specifications of services in this BPA.

14.1.2 ILLEGAL ACTS. The contractor shall not knowingly condone illegal acts on the premises of the establishment.

14.1.3 QUALITY ASSURANCE. The Contracting Officer’s Designated Government Representative will monitor the contractor’s performance and may use command surveys to solicit feedback from occupants to ensure terms, conditions and specifications of services are met.

14.1.4 EVALUATION OF CONTRACTOR PERFORMANCE. The Government may issue out command surveys from the command team to 113th Wing personnel who have occupied rooms of the facility. The comments from the surveys will be evaluated against the requirements of the BPA.

​​​​​​​15. GOVERNMENT FURNISHED ITEMS.

15.1 The US Government will provide the following in support of this BPA:

    15.1.1 A copy of the Blanket Purchase Agreement.

    15.1.2 A copy of Appointment Letter identifying all designated Contracting Officer’s Designated Government Representatives who are authorized to issue lodging requests against the BPA. This will be updated and provided to the contractor on an as-needed basis.

    15.1.3 If a BPA is established and pricing accepted, a Price List identifying predetermined rates for single and double rooms for a predetermined period of time shall be provided to the contractor. This will be updated and provided to the contractor on an annual or “as needed” basis. The Price List shall include single and double occupancy rates for the Capital Region.

    15.1.4  Call Sheets (rosters) to the Contractor shall be provided by the Contracting Officer’s Designated Government Representative / FSS Squadron as requests for lodging are issued.

​​​​​​​16. SYSTEM FOR AWARD MANAGEMENT.

16.1 In order to award a BPA to a contractor, the contractor must first be registered in the System for Award Management website (https://www.sam.gov) and maintain their registration currency by renewing the registration annually. The Contractor shall provide their CAGE code, DUNS Number, and Federal Tax ID Number with their quote.

Glossary

Base Contracting Officer (BCO)

a.k.a. Contracting Officer, CO, KO = the ONLY Government official with the authority to modify, change, cancel or otherwise deviate from the contract (agreement) in any manner.

Blanket Purchase Agreement (BPA)

Agreement between the Government and a contractor; it is not a contract.

Call

An order or award against the BPA that creates an obligation.

Call Number

The four digit number (i.e. 5001, 5002, etc.) associated with each individual Call.

Call Sheet

The list, a.k.a. “roster” that is provided by the Contracting Officer’s Designated Government Representative to the commercial lodging provider that identifies all personnel authorized under the BPA who require lodging.

Contracting Officer’s Designated Government Representative

Designated 113th Services Flight member(s) who are appointed in writing by the Contracting Officer to place calls against the BPA.

Defense Federal Acquisition Regulation Supplement (DFARS)

DoD Supplement to the FAR governing the implementation of this BPA.

Department of Defense (DoD)

Agency under which the DCANG operates.

Deficiency

Refers to a material failure to meet a Government requirement.

Federal Acquisition Regulation (FAR)

Federal regulation governing the implementation of this BPA.

Government Purchase Card (GPC)

A charge card used by the Federal Government to pay for supplies and services.

Hotel/Motel Room

Referred to as contract housing, billeting, troop housing, or reservation(s) in the document.

Modification (MOD)

A written change to a contract or agreement that can be uni-laterally or bi-laterally agreed to by both parties.

District of Columbia Air National Guard (DCANG)

The organization offering this agreement. Referred to as 113th Wing or Government in this document.

Obligation

A definite commitment that creates a legal liability of the government for the payment of goods and services ordered or received.

Regularly Scheduled Drill (RSD)

Referred to as Guard Drill, Guard Status, or Weekend Drill Status in this document.

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.203-18             Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements  

                             or Statements-Representation.        

52.204-16             Commercial and Government Entity Code Reporting.

52.204-18             Commercial and Government Entity Code Maintenance.

52.204-22             Alternative Line Item Proposal.       

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

                             Equipment.          

52.204-7 System for Award Management

52.204-26             Covered Telecommunications Equipment or Services-Representation

52.209-7 Information Regarding Responsibility Matters

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

                            any Federal Law  

52.232-40             Providing Accelerated Payments to Small Business Subcontractors

52.212-3 Offeror Representations and Certifications-Commercial Items. Alternate I

52.212-4 Contract Terms and Conditions-Commercial Items    

52.223-22             Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.

52.232-39            Unenforceability of Unauthorized Obligations

52.237-3              Continuity of Services

252.203-7000      Requirements Relating to Compensation of Former DoD Officials         

252.203-7002      Requirement to Inform Employees of Whistleblower Rights.                   

252.203-7005      Representation Relating to Compensation of Former DoD Officials

252.204-7003      Control of Government Personnel Work Product.       

252.204-7015      Notice of Authorized Disclosure of Information for Litigation Support.

252.204-7016       Covered Defense Telecommunications Equipment or Services

252.204-7017       Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-    

                             Representation

252.204-7018      Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.215-7007      Notice of Intent to Resolicit.             

252.215-7013      Supplies and Services Provided by Nontraditional Defense Contractors.

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

252.223-7008      Prohibition of Hexavalent Chromium.          

252.225-7001      Buy American and Balance of Payments Program.     

252.225-7002      Qualifying Country Sources as Subcontractors.           

252.225-7016      Restriction on Acquisition of Ball and Roller Bearings.             

252.225-7048      Export-Controlled Items.  

252.232-7003      Electronic Submission of Payment Requests and Receiving Reports.

252.232-7010      Levies on Contract Payments

252.243-7001      Pricing of Contract Modifications. 

252.244-7000      Subcontracts for Commercial Items

ADDITIONAL PROVISIONS/CLAUSES IN FULL TEXT

252.232-7006      Wide Area WorkFlow Payment Instructions. (DEC 2018)                         

                                                               

As prescribed in 232.7004(b), use the following clause:

 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

 (a) Definitions. As used in this clause-

 Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

 Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

 Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

 Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

 (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

 (c) WAWF access. To access WAWF, the Contractor shall-

 (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

 (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

 (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/

 (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

 (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

 (1) Document type. The Contractor shall submit payment requests using the following document type(s):

 (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

 (ii) For fixed price line items

 (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

 ____

 (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

 (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Combo

 (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

 Routing Data Table*

| Field Name in WAWF || Data to be entered in WAWF |

| Pay Official DoDAAC || __FA8770__ |

| Issue By DoDAAC || __W50S6W__ |

| Admin DoDAAC || __W50S6W__ |

| Inspect By DoDAAC || ____ |

| Ship To Code || ____ |

| Ship From Code || ____ |

| Mark For Code || ____ |

| Service Approver (DoDAAC) || __W50S6W__ |

| Service Acceptor (DoDAAC) || __W50S6W__ |

| Accept at Other DoDAAC || ____ |

| LPO DoDAAC || ____ |

| DCAA Auditor DoDAAC || ____ |

| Other DoDAAC(s) || ____ |

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

 (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

 (g) WAWF point of contact.

 (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

 ____

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

 (End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.     (OCT 2019)                               

                                                               

As prescribed in 12.301(b)(4), insert the following clause:

 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct2019)

 (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

 (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

 (5) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

 (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19U.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) (41U.S.C.4704 and 10U.S.C.2402).

 ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.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) (31U.S.C.6101note).

 ____ (5) [Reserved].

 __X__ (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).

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

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

 ____ (10) [Reserved].

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

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

 ____ (13) [Reserved]

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

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

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

 __X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)).

 ____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.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

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

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

 ____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15U.S.C.637(d)(4)(F)(i)).

 ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15U.S.C.657f).

 __X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15U.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) (15U.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 (Dec2015) (15U.S.C.637(m)).

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

 __X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

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

 __X__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

 __X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

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

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

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

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

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

 __X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

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

 ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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) (42U.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 (42U.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 (Jun2016) (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 (Jun2014) (E.O.s 13423 and 13514).

 ____ (ii) Alternate I (Jun2014) of 52.223-14.

 ____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42U.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 (Jun2016) (E.O. 13693).

 ____ (45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

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

 ____ (46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83).

 ____ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41U.S.C.chapter83,19U.S.C.3301 note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.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 (Oct 2019) (19U.S.C.2501, et seq., 19U.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; 10U.S.C. 2302Note).

 ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150).

 ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150).

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

 ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)).

 __X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31U.S.C.3332).

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

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

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

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

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

 __X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter67).

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

 __X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29U.S.C.206 and 41U.S.C.chapter67).

 ____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41U.S.C.chapter67).

 ____ (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) (41U.S.C.chapter67).

 ____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41U.S.C.chapter67).

 ____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

 ____ (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) (42U.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) (41U.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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

 (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15U.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.

 (vi) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

 (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

 (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793).

 (xi) 52.222-37, Employment Reports on Veterans (Feb2016) (38U.S.C.4212)

 (xii) 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.

 (xiii) 52.222-41, Service Contract Labor Standards (Aug2018) (41U.S.C.chapter67).

 (xiv)

 (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O 13627).

 (B) Alternate I (Mar2015) of 52.222-50(22U.S.C.chapter78 and E.O 13627).

 (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67).

 (xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41U.S.C.chapter67).

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

 (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

 (xx)

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

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

 (xxi) 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; 10U.S.C. 2302 Note).

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

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

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

 (End of Clause)