1145PC21Q0012 Combined Solicitation-Synopsis for ClickDimensions.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type: Combined Solicitation/Synopsis Solicitation Number: 1145PC21Q0012 Posted Date: December 28, 2020 Current Response Date: January 4, 2021 Product or Service Code: 7H20 Set Aside: Total Small Business NAICS Code: 541519

CONTRACTING OFFICE ADDRESS

Peace Corps Headquarters Office of Acquisition and Contract Management 1275 First Street NE Washington, DC 20526

SECTION 1 – DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

Solicitation 1145PC21Q0012 is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92.

This requirement is being solicited on an unrestricted basis using Simplified Acquisition Procedures per FAR Subpart 13.5. A firm-fixed price purchase order is anticipated. However, the Government is in no way obligated to make an award, nor to pay any costs incurred by the Contractor in preparing and submitting its quote.

The Peace Corps is seeking to purchase Click Dimensions software, services and maintenance support.

All interested companies shall provide quotations for the following:

1.1 PRODUCT LIST

Item Item Description Part No. Qty. Unit Price Total Price

Base Year: January 9, 2021 to January 8, 2022

Annual Subscription to ClickDimensions software package

10 million emails per year subscription package 1 https://www.peacecorps.gov/

ClickDimensions Service Bus Relay Connector (SBRC) Solution

Annual cost for provisioning, support and maintenance of ClickDimensions SBRC solution needed to meet Peace Corps security requirements

ClickDimensions Service Bus Relay Connector (SBRC) Solution for Single Tenant Non-Production Environments

Additional non-production deployments of ClickDimensions SBRC solution for testing purposes

004 Business Support Package Business Support Package 1 Base Year Optional Quantities: January 9, 2021 to January 8, 2022

Annual Subscription to ClickDimensions software package

Upgrade from 10 Million emails a year to 13 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 13 Million emails a year to 15 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 15 Million emails a year to 20 Million emails a year 1

Option Year 1: January 9, 2022 to January 8, 2023

Annual Subscription to ClickDimensions software package

10 million emails per year subscription package 1

ClickDimensions Service Bus Relay Connector (SBRC) Solution

Annual cost for provisioning, support and maintenance of ClickDimensions SBRC solution needed to meet Peace Corps security requirements

ClickDimensions Service Bus Relay Connector (SBRC) Solution for Single Tenant Non-Production Environments

Additional non-production deployments of ClickDimensions SBRC solution for testing purposes

Business Support Package Business Support Package 1 Option Year 1 Optional Quantities: January 9, 2022 to January 8, 2023

Annual Subscription to ClickDimensions software package

Upgrade from 10 Million emails a year to 13 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 13 Million emails a year to 15 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 15 Million emails a year to 20 Million emails a year 1

Option Year 2: January 9, 2023 to January 8, 2024

Annual Subscription to ClickDimensions software package

10 million emails per year

Bus Relay Connector (SBRC) Solution

Annual cost for provisioning, support and maintenance of ClickDimensions SBRC solution needed to meet Peace Corps security requirements

ClickDimensions Service Bus Relay Connector (SBRC) Solution for Single Tenant Non-Production Environments

Additional non-production deployments of ClickDimensions SBRC solution for testing purposes

017 Business Support Package Business Support Package 1 Option Year 2 Optional Quantities: January 9, 2023 to January 8, 2024

Annual Subscription to ClickDimensions software package

Upgrade from 10 Million emails a year to 13 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 13 Million emails a year to 15 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 15 Million emails a year to 20 Million emails a year 1

Option Year 3: January 9, 2024 to January 8, 2025

Annual Subscription to ClickDimensions software package

10 million emails per year subscription package 1

ClickDimensions Service Bus Relay Connector (SBRC) Solution

Annual cost for provisioning, support and maintenance of ClickDimensions SBRC solution needed to meet Peace Corps security requirements

ClickDimensions Service Bus Relay Connector (SBRC) Solution for Single Tenant Non-Production Environments

Additional non-production deployments of ClickDimensions SBRC solution for testing purposes

024 Business Support Package Business Support Package 1 Option Year 3 Optional Quantities: January 9, 2024 to January 8, 2025

Annual Subscription to ClickDimensions software package

Upgrade from 10 Million emails a year to 13 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 13 Million emails a year to 15 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 15 Million emails a year to 20 Million emails a year 1

Option Year 4: January 9, 2025 to January 8, 2026

Annual Subscription to ClickDimensions software package

10 million emails per year

Bus Relay Connector (SBRC) Solution

Annual cost for provisioning, support and maintenance of ClickDimensions SBRC solution needed to meet Peace Corps security requirements

ClickDimensions Service Bus Relay Connector (SBRC) Solution for Single Tenant Non-Production Environments

Additional non-production deployments of ClickDimensions SBRC solution for testing purposes

031 Business Support Package Business Support Package 1 Option Year 4 Optional Quantities: January 9, 2025 to January 8, 2026

Annual Subscription to ClickDimensions software package

Upgrade from 10 Million emails a year to 13 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 13 Million emails a year to 15 Million emails a year 1

Annual Subscription to ClickDimensions software package

Upgrade from 15 Million emails a year to 20 Million emails a year 1

Base

Base Including

All Options

1.2 DELIVERY REQUIREMENTS

The above items shall be delivered according to the period of performance in Section 1.3. The vendor shall deliver all software as detailed in Section 1.1 of this purchase order as follows:

SHIPPED ELECTRONICALLY TO:

Entered at Award

1.3 PERIOD OF PERFORMANCE

The anticipated period of performance is:

Base Year: January 9, 2021 to January 8, 2022 Option Year 1: January 9, 2022 to January 8, 2023 Option Year 2: January 9, 2023 to January 8, 2024 Option Year 3: January 9, 2024 to January 8, 2025 Option Year 4: January 9, 2025 to January 8, 2026

Delivery shall be provided by January 9, 2021. The vendor shall deliver all software as detailed in under the Supplies section of this combined solicitation/synopsis. The contractor shall deliver line items 001, 002, 003, and 004 electronically to the Contracting Officer Representative (COR) (entered at award) at Peace Corps Headquarters.

SECTION 2 – CONTRACT ADMINISTRATION

2.1 CONTRACT MANAGEMENT

2.1.1 Contract Specialist

Avery Stevenson 1275 First St. NE Washington, DC 20526 Email: astevenson@peacecorps.gov Phone: (202) 692-1565

2.1.2 Contracting Officer

Avery Stevenson 1275 First St. NE Washington, DC 20526 Email: astevenson@peacecorps.gov Phone: (202) 692-1565

2.1.3 Contracting Officer’s Representative (COR)

Entered at award.

2.1.4 Contractor Point of Contact

Entered at award.

2.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

2.3 USE OF PEACE CORPS NAME AND LOGO

The Contractor shall make no publicity announcements or issue other public relations or promotional materials mentioning the Contractor’s connection with Peace Corps without first consulting with the Contracting Officer. Further the Contractor shall not use the Peace Corps name and/or logo in conjunction with, or proximity to, the Contractor’s logo, trademark, trade name or facsimile thereof (co-branding) without the advance written concurrence of the Contracting Officer.

2.4 INTERPRETATIONS OF MODIFICATIONS

No oral or written statement of any person and no written statement of anyone other than the CO shall modify or otherwise affect the terms and conditions of this contract. Requests for interpretations, modifications or changes must be made in writing to the CO. The technical point of contact can only respond to technical matters that do not result in a change of scope to this contract.

mailto:astevenson@peacecorps.gov

2.5 INSPECTION & ACCEPTANCE

Inspection and acceptance will be at destination in accordance with FAR clause 52.212-4(a). In accordance with FAR 52.212-4(a), the Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

2.6 INVOICE REQUIREMENTS

The contractor shall email a copy of the invoice to the COR listed in Section 2.1.3 and the below: ATTN: OGAP GAPdomesticinvoice@peacecorps.gov.

For questions regarding payments, please send an email inquiry, including the invoice number, Purchase Order number, billed amount and date sent to Disbursing@peacecorps.gov. The invoice shall include, but not be limited to, the following information:

2.6.1 Name and address of the Contractor

2.6.2 Invoice date and invoice number

2.6.3 Period of performance covered by the invoice

2.6.4 Description, price(s), date of service, and quantity(ies) of services and supplies for which payment is being requested

2.6.5 Shipping and payment terms, if any

2.6.6 EFT account/payment information (see below)

2.6.7 Costs incurred under the current voucher or costs incurred to date (cumulative)

2.6.8 Signature of the Contractor’s authorized representative

2.6.9 Contractor’s Tax Identification Number (TIN)

2.7 INVOICE CERTIFICATION

Upon receipt of the invoices, the Peace Corps will check the invoices for correctness and appropriateness of the charges and will ensure that chargeable items appearing on the invoices have been formally accepted by the Peace Corps. In the event that the Peace Corps discovers any discrepancies in the invoice, the Peace Corps Contracting Officer and Contracting Officer Representative (COR) will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.

2.8 INVOICE PAYMENT

For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this order for products and/or services which are formally accepted by the Government.

Invoices are payable in accordance with the requirements of the Prompt Payment Act. Payment will be considered as being made on the day of the electronic funds transfer is made.

2.9 CLAUSES

2.9.1 Restriction on Advertising

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these mailto:GAPdomesticinvoice@peacecorps.gov mailto:Disbursing@peacecorps.gov entities to be superior to other products or services. Any advertisement by the Contractor shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

(End of clause)

2.9.2 Section 508 – Electronic and Information Technology (EIT) Standards

The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board (Access Board) are incorporated into, and made part of all the Peace Corps orders, solicitations and purchase orders developed to procure Electronic and Information Technology (EIT). These standards are found in their entirety at: http://www.section508.gov and http://www.access-board.gov/sec508/standards.htm. A printed copy of the standards will be supplied upon request. The Contractor shall comply with the following technical standards as applicable:

x 1194.21 Software applications and operating systems x 1194.22 Web-based intranet and internet information and applications

1194.23 Telecommunications products

1194.24 Video and multimedia products

1194.25 Self-contained, closed products

1194.26 Desktop and portable computers

1194.31 Functional Performance Criteria

1194.41 Information, Documentation, and Support

(End of Clauses)

2.9.3 52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the purchase order’s period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

2.9.4 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause) http://www.section508.gov/ http://www.access-board.gov/sec508/standards.htm

2.9.5 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB

1998)

The following FAR clauses are incorporated by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at addresses:

https://www.acquisition.gov/far/index.html

FAR

Clause Title Date

52.212-4 Contract Terms and Conditions - Commercial Items

OCT 2018

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

NOV 2020

52.223-15 Energy Efficiency in Energy - Consuming Products MAY 2020

SECTION 3 – APPENDICES OR ATTACHMENTS

Attachment 1 – Product Warranties (to be submitted with quote, may be incorporated as an attachment or incorporated by reference in the final award.)

SECTION 4 - PROVISIONS & CLAUSES

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/index.html

4.1 PROVISIONS

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Items” (JUN 2020) and below addendum:

All questions in response to this combined solicitation/synopsis shall be submitted electronically to Avery Stevenson, Contracting Officer, astevenson@peacecorps.gov on or before December 30, 2020 at 1:00 pm Washington, DC local time.

Vendors shall submit quotes electronically to Avery Stevenson at astevenson@peacecorps.gov. All quotes are due no later than January 4, 2020 at 1:00 pm Washington, DC local time.

FAR 52.212-2, Evaluation—Commercial Items (Oct 2014) and below addendum:

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 on a lowest price technically acceptable basis. The offeror shall demonstrate the ability to provide the ClickDimension products listed in Section 1. The evaluation of offers received shall not be on the basis of FAR Part 15.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the options.

FAR 52.212-3, Offerors Representations and Certifications–Commercial Items (NOV 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(End of Provisions)

The following clauses apply to this acquisition:

FAR 52.212-4 -- Contract Terms and Conditions-Commercial Items (OCT 2018)

The following clauses are applicable:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (NOV 2020)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

_x_ (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.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

https://www.sam.gov/

__ (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

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

_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

_x_ (29) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

_x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (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 (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(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.

__ (41)(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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(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.

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_x_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(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.

__ (49) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 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).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_x_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (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.

(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.]

__ (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 (NOV 2020).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 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).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Alternate I (APR 2003) of 52.247-64

Alternate II (FEB 2006) of 52.247-64

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 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.

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

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

(F) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(G) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(H) 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.

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

(J) ___(1) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(K) 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).

(L) 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).

(M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

Note to paragraph (e)(1)(ii)(O): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

52.225-26, Trade Agreements Certificate (May 2014)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section

FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/3.908#FAR_3_908 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/3.908#FAR_3_908 https://www.acquisition.gov/far/2.101#FAR_2_101

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clauses)

2.9.4 52.217-9 Option to Extend the Term of the Contract (MAR 2000)