Sol_1243ZP19Q0001 Amendment_0004_2020.docx.pdf

REQUEST FOR QUOTE

Amendment: #1243ZP19Q0001

USDA Forest Service El Yunque National Forest Temporary Housing BPA

The National Forest El Yunque, Supervisors Office (SO) amended the BPA (Blanket Purchase

Agreements) for long and short term housing to interested vendor. The USDA Forest Service have traveling employees arriving in the San Juan Puerto Rico area at various times throughout the year. Each period of requirement for temporary lodging will be for a minimum of 1 day and a maximum of 1 year. Temporary housing include your choice of one or two bedroom apartments with all requirements listed in the Statement of Work (SOW) such as furniture, housewares, linens, utilities, TV, washer/dryer, cable service, high speed internet service, and maid service for the Regional Office of the USDA Forest Service, hereafter referred to as

“Agency”. If a contractors’ quote is accepted, the government intends to award one or more

BPA awards.

The Forest Service will use the evaluation criteria specified in Basis of Award section to evaluate responsive quotes.

One or more BPA awards will be made based on procedures set forth in Basis of Award. The government reserves the right to make partial awards to more than one vendor if deemed necessary. If a vendor would only like to be considered for specific line items they must specify as such in their technical proposal.

The Government’s obligation under this Request for Quote is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for all or part of the order requirements.

ADMINISTTRATIVE INFORMATION

1. ADMINISTRATIVE INFORMATION

A. CONTRACTOR: ________________________________ (Contractor’s Name)

___________________________________ (Address)

___________________________________ (City-State-Zip)

___________________________________ (Point of Contact/Title)

PHONE NUMBER: ________________________

FAX NUMBER: ________________________

E-MAIL ADDRESS: ________________________

SOCIO ECONOMIC CLASSIFICATION (i.e. HUBZone, WOSB):

DUNS NUMBER: ________________________

FEDERAL TAX I.D. NO: ________________________

GSA CONTRACT NO (Type NA if you do not have a contract) __________________________

B. Christopher J. Ford, Contracting Officer

USDA Forest Service

1720 Peachtree Rd. NW, Suite 876 South

Atlanta, GA 30309-2449

404.347.1635

SCHEDULE OF ITEMS

The Contractor shall furnish housing as shown below on the schedule of item for the El Yunque National

Forest, Supervisors Office

Item Description Qty Unit Unit Price

CLIN 0001 Furnished One Bedroom with

Backup generator

Apartment (min. 5 days)

1 Week

$ (Rio Grande)

$ (Canovanas)

$ (Fajardo)

$ (Luquillo)

CLIN 0002 Furnished Two Bedroom with

Backup generator

Apartment (min. 5 days)

1 Week

$ (Luquillo)

CLIN 0003 Furnished One Bedroom with

Backup generator

Apartment (Month or 4 or more weeks)

1 Month

$ (Luquillo)

CLIN 0004 Furnished Two Bedroom

Apartment with Backup generator

(Month or 4 or more weeks)

1 Month

$ (Luquillo)

CLIN 0005 Furnished One Bedroom

Apartment with Backup generator (12 months)

1 Year

$ (Luquillo)

CLIN 0006 Furnished Two Bedroom

Apartment with Backup generator (12 months)

1 Year

$ (Luquillo)

CLIN 0007 Additional Day: Furnished One

Bedroom Apartment with

Backup generator

1 Day

CLIN 0008 Additional Day : Furnished

Two Bedroom Apartment with

Backup generator

1 Day

1) Discounted Prices for volume and duration will be considered in pricing evaluation. All discounts will need to be disclosed in your response.

2) Rate should be inclusive of all offered amenities

GENERAL REQUIREMENTS

1.0 Introduction. The El Yunque National Forest, Supervisors Office (SO) long and short term housing. The contractor will provide adequate furnished housing including basic utilities and cleaning. Housing will be within driving distance of the El Yunque NF Supervisors Office located in Rio Grande, Puerto Rico.

2.0 Background

2.1 The United States Forest Service will occasionally require short term furnished apartments in the Rio Grande area. In anticipation of this need, it is possible that multiple BPA’s will be awarded. The requirement consists of various furnished apartments with various periods of requirement with weekly housekeeping (to include at a minimum: change of towels/linens, trash removal, vacuuming and cleaning of bathroom and kitchen), washer/dryer in unit. Parking is not included in the requested pricing but may be funded on awards at an additional cost.

2.2 The U.S. Forest Service will have traveling employees arriving in the Rio Grande, Puerto Rico area at various times throughout the year. Each period of requirement will be for a minimum of 1 day and a maximum of 1 year. Requirements over 2 weeks in length may have rotating occupants.

3.0 Scope of Contract.

3.1 The Contractor shall furnish on call housing to Forest Service personnel. Housing will consist of the following listed below:

3.2 Housing

3.2.1 The Housing shall be in good working order free from rodents, pest, mold and any damage that may pose a health hazard. Housing will also be free from any personal clothing.

3.2.2 Housing and parking must be located in an area low crime area or have a secure gate and/or guard.

3.2.3 Housing shall have a private residence. Housing like studio apartments where kitchens or other living space is shared with non FS contract people is not allowed.

3.2.4 The housing shall consist of a bedroom(s), Bathroom, Kitchen and Livingroom.

3.3 Furnishing

3.3.1 Furnishing will at a minimum include bed(s), dressers, nightstands, lamps, couch, table, chairs, microwave, refrigerator, bedding linen, dishes, towels and iron with ironing board.

3.3.2 Units need to have a backup power supply. This can be an individual generator or a centralized generator to provide power to the unit to provide power to the unit’s essential items including refrigerator, microwave and area lighting for a minimum of 48hrs without any support excluding fuel and oil.

3.3.3 Preference will be giving to units that provide pictures and units that have washers and driers or laundry facilities located within the facility.

3.4 Utilities

3.4.1 All basic utilities will be included; electric, garbage, water, sewer and Gas (if applicable). Utilities will be turned on in the unit prior to stay.

3.5 Location.

3.5.1 The Location shall be within reasonable commuting distance of the Forest

Service office located at.

El Yunque NF, Supervisors Office

Crespo Building

Carr 3 KM 23.9, Parque Industrial Las Flores

Rio Grande, PR 00745

Reasonable distance is defined as the Puerto Rico communities of Rio

Grande, Canovanas, Luquillo and Fajardo.

3.6. Maintenance

3.6.1. The housing shall have cleaning service at a minimum of at least once every week of consecutive residence stay.

4.0 Period of Performance

4.1 The BPA base period will start on date of award and run through September 30, 2024. If exercised, option year one will run from May 01, 2020 and run through

September 30, 2020. If exercised, option year two will run from October 1, 2020 and expire on September 30, 2021. If exercised, option year three will run from

October 1, 2021 and expire on September 30, 2022. If exercised, option year four will run from October 1, 2022 and expire on September 30, 2023. If exercised, option year five will run from October 1, 2023 and expire on September 30, 2024.

5.0 Contractor Responsibility

5.1 Provide listed utilities. The Contractor is responsible maintenance of any preexisting conditions or normal wear and tear to the unit, furniture or appliances.

5.2 The Contractor is responsible for submitting timely invoices for payment.

6 Contract Administration

6.1. Inspection and Acceptance -The Contracting Officer’s Technical Representative (COTR) for this task order is a Government official who has been delegated specific technical, functional and oversight responsibilities for this task order.

6.2. Rejection of Contractor or Contractor's Employees. The Government reserves the right to reject, at any time and without notice, any housing unit if it does not meet the requirements or violates any safety or health laws and regulations.

7 MEASUREMENT AND PAYMENT

7.1 Measurement. The contractor will provide adequate housing as listed above. If the contractor fails to provide adequate housing the government may cancel the stay or reduce payment amount until the time adequate lodging is provided.

7.2 Payment. The contractor shall bill at the end of each residence stay or monthly whichever is shorter. The contractor will need to have the capability to take credit cards. Items that have been deficient and are not fixed

8. ORDERING PROCEDURES

8.1. Call Orders

The orders to be issued under this BPA will be based on scopes of work or written communication defining specific requirements. The BPAs will establish agreed upon rental rates for occupancy. The BPA holder, when responding to request may lower their stated BPA rate to be more competitive for that specific order but cannot exceed the rate ceiling for each individual order

8.2. Ordering Procedures

In accordance with FAR 13.303, this requirement intends to establish one or more BPAs with qualified vendors. Ordering activities shall follow the BPA’s ordering procedures as stated in the award.

8.3. Placing Call Orders

The agency will contact all eligible awardees to solicit a firm fixed price inclusive quote for all requested services. Each vendor will have a maximum of (48) hrs. to respond to specific call orders. If your company does not respond to the request for quote in the allocated time, the agency will assume you are not interested in responding to the specific solicitation. Basis for award of each call order may be best value or lowest price technically acceptable.

8.4 Open Market Items

For administrative convenience, BPA orders may include "open market" items (e.g., items that have not already been priced, evaluated and awarded on the Contractor's BPA schedule of items) as long as the value of "open market" items included in the order do not exceed the applicable micro- purchase threshold as defined in FAR 2.101. The items must also be clearly identified as "open market" items. The Ordering Contracting Officer may authorize you buy non-priced open market items that can be negotiated at the call order level.

8.5. Invoices and Payments

Each individual order shall identify the appropriate COR or accepting POC and address where invoices shall be submitted. Invoices for final payment must be so identified and submitted. When the order is complete no further charges shall be billed.

8.6. Invoice Processing Platform

Most of the subsequent call orders shall require all invoices to be submitted digitally through the Department of Treasury’s Invoice Processing Platform (IPP), https://www.ipp.gov. The contractors must follow the instructions on how to register and submit invoices via IPP as prescribed in the communications from USDA Treasury. For more information concerning IPP please visit http://www.fs.fed.us/business and further information will be discussed between the awardees and the Contracting Officer.

8.7. Authorized Users

Any Southern Region (R8) Forest Service contracting officer or purchase card holder, acting within the scope of their delegated procurement authority, may place call orders against this BPA. Forest Service will place orders via any means available, including email, facsimile, or in writing.

8.8 Organizational Conflict of Interest

The Offeror’s attention is directed to FAR Subpart 9.5, Organizational Conflicts of

Interest. Any potential conflict of interest issues will be considered prior to award of the work to be performed

8.9 Contracting Officer’s Technical Representative (COTR)

The COR/COTR is designated by the Contracting Officer to perform technical liaison between the contractor’s management and the Contracting Officer in routine technical matters constituting general program direction within the scope of the award/task order. Under NO circumstances is the COR/COTR authorized to effect any changes in the work required under agreement and subsequent task order whatsoever, or enter https://www.ipp.gov/ http://www.fs.fed.us/business into any agreement that has the effect of changing the terms and conditions of the

Task Order, or that causes the Contractor to incur any costs.

In addition, the COR/COTR will NOT supervise, direct, or control contractor employees. Notwithstanding this provision, to the extent that contractor accepts any direction that constitutes a change to his Agreement/Task order without prior written authorization of the Contracting Officer, costs incurred in connection therewith are incurred at the sole risk of the contractor, and if involved under the Task Order will be disallowed.

On all matters that pertain to the terms of the agreement, the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR/COTR requests efforts beyond the terms of the agreement, the contractor shall so advise the Contracting Officer. If the COR/COTR persists and there still exists a disagreement as to the proper contractual coverage, the Contracting

Officer will be notified immediately, preferably in writing.

9. Instructions to Offerors

9.1 Restrictions to Offerors

Responsive offerors may own or lease all properties being proposed for lodging.

It is preferred that the awardees own the properties but you may propose other arrangements in your submission for consideration.

9.2. Additional Properties

Additional properties that meet or exceed requirements may be proposed throughout the contract. The government may or may not accept these properties as part of the agreement

9.3. Submission of Quote

A responsive quote shall include at a minimum the following:

1) Capabilities statement listing the rooms specifications, proposed amenities.

Property locations

2) Completed Administrative Information Page (see page 2 of this document)

3) Completed Schedule of Items for consideration. Partial awards may be made

10. BASIS OF AWARD

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation -- Commercial Items (Oct 2014)

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

Past Performance

Technical Solutions (include amenities, property photos, room specifications)

Geographic Proximity to USFS offices

Security requirements

Socio-Economic Classification

Technical, geographic proximity, socio-economic classification and past performance, when combined, are more important than price

(b) not applicable

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20016

6.1. Terms and Conditions

52.252-1 Solicitation Provisions and Contract Clauses

This solicitation incorporates one or more solicitation provisions 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. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

52.212-4 Contract Terms and Conditions -- Commercial Items (MAY 2015)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items.

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

Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Jan 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts

(and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

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

Recovery and Reinvestment Act of 2009).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

XH (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

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

657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

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

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

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

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

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

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

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

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

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

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

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

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

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

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

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

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

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)

(22 U.S.C. chapter 78 and E.O. 13627).

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

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

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

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

13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

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

13514).

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

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

8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

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

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

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

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

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

Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

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

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

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

4505), 10 U.S.C. 2307(f)).

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

U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct

2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

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

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

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter

67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67).

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

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

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph

(e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41

U.S.C. chapter 67.)

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

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

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

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

(xxii) 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 (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Jan 2019). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and

(e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P128_20650

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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) 52.204-23, 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).

(D) 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.

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

(F) 52.222–26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(I) 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.

(J) 52.222–41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(K) (1) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 E.O. 13627).

(L) 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).

(M) 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).

(N) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

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

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

(Q) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3

(R) 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).

(S) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

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

(T) 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.