12760418Q0059_DATABASE_SUPPORT.doc

12760418Q0059 November 30, 2018

Phase 2 development of the Interagency Wilderness Character Monitoring Database 12760418Q0059

STATEMENT OF WORK

11/30/18

Schedule of Items

Base Period Costs

The contractor shall provide the services specified in the statement of work for the base period of the order starting on the effective date. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Data Base Support

Total

STATEMENT OF WORK

1.0 Statement of WORK (SOW) The Rocky Mountain Research Station, which houses the Aldo Leopold Wilderness Research Institute, an interagency, interdisciplinary science center focused on social and ecological research to support management decisions for the National Wilderness Preservation System, was responsible for the first two contracts to develop the Interagency Wilderness Character Monitoring Database. When Wilderness Character Monitoring went from developments (research) to implementation, the Washington Office Wilderness/Wild and Scenic Rivers Program Area took over responsibility for the Interagency Wilderness Character Monitoring Database.

The purpose of this requirement is to revise the existing online interagency Wilderness Character Monitoring Database to incorporate updates for general consistency, adding interagency measures, improvements for clarity, and other elements to improve and enhance usability and function.

Goals of Contract:

Update the existing Wilderness Character Monitoring Database to incorporate changes and improvements by the USDA Forest Service.

Expertise Needed:

Programming skills in the following will be needed to fulfill this contract:

· SQL Server for the database

· PHP or Coldfusion for the website

· API development for user authentication and integration

In accordance with this purchase order, the contractor shall provide a plan for outgoing transition for transitioning work from an active purchase order to a follow-on contract/order or to a Government entity. This transition may be to a Government entity, another contractor, or the incumbent contractor under a new contract/order. The contractor shall assist the Government in planning and implementing a complete transition from this contract and/or order issued under this contract to the follow-on entity.

1.1 Deliverables

1.1.1 Deliverable / Delivery Schedule

The contractor shall provide the following deliverables:

Create a “N/A” option for data entry. This would be used in the event that data were unavailable for a particular year and would provide a location for users to explain the reason why (e.g., West Sister Island Wilderness has missing air quality data for 2014 and will not have data until 2019; an “N/A” for 2014 would show future users that there was a legitimate reason no data were entered for that year and it was not just an oversight).

The “condition” field on the “add measure value” screen:

· FS: eliminate the “condition” field

· NPS: add an optional dropdown menu for “condition confidence” (high, medium, or low)

· Develop a way to automatically enter data into the WCMD (e.g., from an excel spreadsheet, an agency database, etc.). Two versions of this have been requested:

· Automatically enter national data from a single source into multiple wildernesses. For example, entering nationally compiled ozone data for all FS wildernesses.

· Automatically enter data for all measures in a single wilderness. For example, a FWS wilderness stores data for all measures in an agency-specific database, and wants to have that information automatically entered in the WCMD rather than copy it over manually.

1.1.2 Method of Delivery The Contractor shall make use of commercial best practices.

1.2 Period of Performance

The performance period of this contract is from the effective date of this order and continuing for 135 days or until April 15, 2019. The initial period of performance includes any transition period authorized under the contract.

1.3 Place of Performance

1.4 Travel

No travel is authorized under this purchase order.

1.5 Inspection and Acceptance

The COR for this purchase order is a government official who has been delegated specific technical, functional and oversight responsibilities for this purchase order.

2.0 Agency-specific clauses 452.216-74 Ceiling Price.

As prescribed in 416.670, insert the following clause:

CEILING PRICE (FEB 1988)

The ceiling price of this contract is: $TBD. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

3.0 Other Terms and Conditions

Security Language for All Contracts/Agreements By accepting this contract/agreement, the Contractor/Cooperator and other external organizations (hereafter called Contractor) providing Information Technology (IT) services to the US Forest Service (FS) agrees to comply with the applicable IT security policy as outlined in this document. The Contractor and other external organizations will be responsible for IT security for all systems connected to the FS network or operated by the Contractor and other external organizations for the FS, regardless of location. This clause is applicable to all or any part of the contract that includes IT resources or services in which the Contractor and other external organizations must have physical or electronic access to FS sensitive information that directly support the mission of the FS. The term “information technology,” as used in this clause, means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130.

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this task. The Contractor shall also protect all unclassified Government data, equipment, etc., by treating information as sensitive business, confidential information, controlling and limiting access to the information, and ensuring the data and equipment are secured within their facility.

The Contractor or other external organization will not publish or disclose in any manner, without the FS Contracting Officer’s written consent, the details of any programs, documentation, data, or safeguards either designed or developed by the Contractor or other external organization under this Contract or otherwise provided by the Government. Contractor may be required to sign non-disclosure or other appropriate security agreements. A written agreement between the FS and any contractors and other external organizations will be entered into before FS data and information otherwise exempt from public disclosure may be disclosed to the contractors and other external organizations. The contractor and other external organizations will agree to establish and follow security precautions considered by the FS to be necessary to ensure proper handling of data and information. As may be identified elsewhere in this contract, the Contractor agrees that:

The draft and final deliverables and all associated working papers and other materials deemed relevant by the COTR that have been generated by the Contractor in the performance of this contract are the property of the U.S. Government and must be submitted to the COTR at the conclusion of the tasks.

All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the Contractor.

To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor will afford the Government access to the Contractor’s or other external organization’s facilities, installations, technical capabilities, operations, documentation, records, and databases. The Contractor will cooperate with Federal agencies and their officially credentialed representatives during official inspections or investigations concerning the protection of FS information. Cooperation may include providing relevant documentation showing proof of compliance with federal and agency requirements, and rendering other assistance as deemed necessary.

If new or unanticipated threats or hazards are discovered by either the Government or the Contractor or other external organization, or if existing safeguards have ceased to function, the discoverer will immediately bring the situation to the attention of the other party. The Contractor will report real or suspected incidents or violations to the FS Computer Incident Response Team (CIRT), by e-mail, at CIRT@fs.fed.us.

The Contractor shall insert these clauses in all subcontracts when the subcontractor is required to have routine physical access to a Federally controlled facility and/or routine access to a Federally controlled information system. Failure to comply with said requirements will constitute cause for termination.

The Contractor Agrees To –

(a) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(b) Include the Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(c) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract that requires the design, development, or operation of such a system of records.

In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

Definitions of the clause:

(a) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(b) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(c) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

The contractors and other external organizations will ensure that the following banner is displayed on all FS systems that contain Privacy Act information operated by the contractors and other external organizations prior to allowing anyone access to the system:

“This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed must be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.”

Copyright Management and Responsibility

By delivering applications or programming code to the Federal Government, the vendor or Contractor certifies that they have the proper authority to transfer the property and will defend the government against copyright or other lawsuit resulting from the application or programming delivered.

Compliance with Internet Protocol version 6 (IPv6) in Acquiring Information Technology

(a) Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

(d) The Contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

Section 508 – Accessibility of Electronic and INFORMATION TECHNOLOGY

H.20 H. Section 508 - Accessibility of Electronic and Information Technology

(a) This SOW is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Information and Communications Technology (ICT), the ICT must allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities.

(b) The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.

(c) Each Information and Communications Technology (ICT) product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within a period of time specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1) Cancellation of the contract, delivery, or task order, purchase or line item without termination liabilities; or

2) In the case of custom Information and Communications Technology (ICT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the non-compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all ICT products and services that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every ICT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date, whichever shall occur first.

Section 508 Compliance

The NetApp 2620 Controller shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW, the SOW shall take precedence.

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

3) http://www.access-board.gov/sec508/508standards.htm (Section 508 standards)

4) FAR 39.2 (Section 508)

5) http://www.ocio.usda.gov/document/departmental-regulation-4030-001 (USDA standards, policies, and procedures for Section 508)

In addition, all contract deliverables are subject to these standards.

All web content or communications materials produced, regardless of format (text, audio, video, etc.), must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. All contractors (including sub-contractors) and consultants responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the PWS shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the products and/or services identified in this SOW:

· 36 CFR Part 1194.21 provisions a-l

· 36 CFR Part 1194.22 provisions a-p

· 36 CFR Part 1194.23 provisions a-k[4]

· 36 CFR Part 1194.24 provisions a-e

· 36 CFR Part 1194.25 provisions a-j[4]

· 36 CFR Part 1194.26 provisions a-d

· 36 CFR Part 1194.31 provisions a-f

· 36 CFR Part 1194.41 provisions a-c

The following Section 508 provisions apply for software development material identified in this SOW:

For software development, software applications, and operating systems the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For web-based applications (intranet, internet information and applications, 16 rules), the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.22 provisions a-p

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For telecommunication products and services the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.23 provisions a-k

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For video and multimedia applications (including training materials), the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.24 provisions a-e

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For self-contained and closed products, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.25 provisions a-j

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For desktop and portable computers, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.26 provisions a-d

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For help desk and other support services, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.31 provisions a-f

b. 36 CFR Part 1194.41 provisions a-c

If the help desk or other support services include training, Vendor must also comply with the following standards, policies, and procedures in addition to 36 CFR Part 1194.31 provisions a-f and 36 CFR Part 1194.41 provisions a-c:

a. 36 CFR Part 1194.21 provisions a-l (installable and web-based training)

b. 36 CFR Part 1194.22 provisions a-p (web-based software)

All Information and Communications Technology (ICT) subject to the 36 CFR 1194 standards will have a Section 508 usability and acceptance test where Section 508 compliance will be validated. This test must be administered by a Federal Section 508 Testing Center.

All maintenance for Information and Communications Technology that requires upgrades, modifications, installations, and purchases will adhere to the Section 508 standards and 36 CFR 1194.

3.1 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.

3.2 Non-Disclosure / Non-Use Agreement

The contractor shall ensure that a Non-Disclosure Statement is signed by all staff assigned to or performing on this purchase order before performing any work, including all subcontractors and consultants. The contractor shall also ensure that all staff understand and adhere to the terms of the non-disclosure statement, protecting the procurement sensitive information of the government and the proprietary information of other contractors.

3.3 Contractor Employees

The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official government acts.

3.4 Contracting Officer’s Representative (COR)

The COR 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 contract/purchase order. Under NO circumstances is the COR authorized to effect any changes in the work required under this contract/purchase order whatsoever, or enter into any agreement that has the effect of changing the terms and conditions of this Purchase Order, or that causes the contractor to incur any costs.

In addition, the COR 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 contract/purchase order without prior written authorization of the Contracting Officer, costs incurred in connection therewith are incurred at the sole risk of the contract, and if involved under this Purchase Order will be disallowed.

On all matters that pertain to the contract terms, the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR requests efforts beyond the terms of the contract, the contractor shall so advise the Contracting Officer. If the COR persists and there still exists a disagreement as to the proper contractual coverage, the Contracting Officer will be notified immediately, preferably in writing.

3.5 Quality Assurance

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award and a copy provided to the Contractor after award. The QASP is a living document and may be updated by the Government as necessary.

3.6 Government Furnished Equipment (GFE)/ Information (GFI)/Facilities

3.6.1 Government Facilities

Unless directly related to this purchase order, the contractor and any employees or consultant of the contractor are prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services not specified in the purchase order.

3.6.2 Government Furnished Equipment/Information/Property The contractor will need to provide all their own hardware and software for developing this online database application.

4.0 CLAUSES

52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses 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 this/these address(es):

http://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm

4.1 52.212-4 Contract Terms and Conditions—Commercial Items.

Contract Terms and Conditions—Commercial Items (OCT 2018) The following clauses are incorporated into 52.212-4 as an addendum:

52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

MAY 2011

52.204-7

SYSTEM FOR AWARD MANAGEMENT

OCT 2016

52.224-1

PRIVACY ACT NOTIFICATION

APR 1984

52.224-2

PRIVACY ACT

APR 1984

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

JUN 2008

52.227-14

RIGHTS IN DATA – GENERAL

MAY 2014

52.232-18

AVAILABILITY OF FUNDS

APR 1984

52.242-13

BANKRUPTCY

JUL 1995

52.242-15

STOP WORK ORDER

AUG 1989

52.245-1

GOVERNMENT PROPERTY

JAN 2017

52.245-9

USE AND CHARGES

APR 2012

52.253-1 Computer Generated Forms

JAN 1991

452.204-70 Inquiries

FEB 1988

4.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2018)

1. (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:

a. (1) 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).

b. (2) 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)).

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

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

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

2. (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.]

a. (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).

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

c. (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.)

d. (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

e. (5) [Reserved].

f. 52.204-14 (6) , Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).52.204-15 (7) , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

g. (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).

h. (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313 http://uscode.house.gov/view.xhtml?req=granuleid:USC- prelim-title41-section2313&num=0&edition=prelim).

i. (10) [Reserved].

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

i. (i) Alternate I (Nov 2011) of 52.219-3. l. (12)

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

m. (13) [Reserved]

n. (14)

i. FORMCHECKBOX

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

ii. (ii) Alternate I (Nov 2011).

iii. (iii) Alternate II (Nov 2011). o. (15)

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

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

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

p. (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

q. (17)

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

ii. (ii) Alternate I (Jan 2017) of 52.219-9.

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

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

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

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

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

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

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

v. (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

w. (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)).

x. (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) (15 U.S.C. 637(m)).

y. FORMCHECKBOX

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

z. FORMCHECKBOX

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

aa. FORMCHECKBOX

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

ab. (28)

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

ii. (ii) Alternate I (Feb 1999) of 52.222-26. ac. (29)

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

i. (i) Alternate I (July 2014) of 52.222-35. ad. (30)

i. FORMCHECKBOX

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

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

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

af. FORMCHECKBOX

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

ag. (33)

i. FORMCHECKBOX

(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

ai. (35)

i. (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. (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.)

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

ak. (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

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

i. (i) Alternate I (Oct 2015) of 52.223-13. am. (39)

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

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

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

8259b).

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

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

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

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

ar. (44) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

au. (47)

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

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

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

av. (48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).

aw. (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).

ax. (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).

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

HYPERLINK "http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3" \h 5150).

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

ba. (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)

HYPERLINK "http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3" \h ).

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

bc. FORMCHECKBOX

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

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

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

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

bg. (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.637(d)(12)). bh. (60)

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

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

3. (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.]

a. FORMCHECKBOX

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

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

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

HYPERLINK "http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3" \h 41 U.S.C. chapter 67).

d. (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

e. (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).

f. (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).

g. FORMCHECKBOX

(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).

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

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

j. (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

4. (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.

a. (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.

b. (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 3years 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.

5. (e)

a. (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.

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

ii. (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. (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. (iv) 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.

v. (v) 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.

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

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

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

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

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

xi. (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. (xii) 52.222-41, Service Contract Labor Standards (Aug2014) (41 U.S.C. chapter 67).

xiii. (xiii)

1. (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

2. (B) Alternate I (Mar2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

xiv. (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter 67).

xv. (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C.chapter 67).

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

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

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

xix. (xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 1. (A) Alternate I (Jan 2017) of 52.224-3.

xx. (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. (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. (xxii) 52.247-64, Preferencefor 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 clause52.247-64.

b. (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) 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.”(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 (Oct 2018). 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:

(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) 52.204-23Prohibition 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 (Sept 2015) (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 (Jul2014) (29 U.S.C. 793).

(I) 52.222-40, Notification of Employee Rights Under the National Labor…