The file's text, extracted by GovTribe without its formatting.
September 27, 2018
| REQUEST | FOR | PROPOSAL | (RFP): | Enterprise | Services | – | Talent | Acquisition |
| Managed | Services | | | | | | | |
| Department | of | Commerce | | | | |
| Enterprise | Services | – | Talent | Acquisition | Managed | Services |
Solicitation Number [Placeholder: Solicitation Number] Request For Proposal (RFP)
Enterprise Services – Talent Acquisition Managed Services
| Amendment | #5 | Page | 2 | of | 60 |
| 27 | September | 2018 | | |
| Table | of | Contents | | | | | | | | | |
| I. INDEFINITE | DELIVERY, | INDEFINITE | QUANTITY | CONTRACT | ............................................................... | 4 | | | | | |
| 1. General | .......................................................................................................................................................................... | 4 | | | | | | | | | |
| 2. Order | Types | ................................................................................................................................................................. | 4 | | | | | | | | |
| 3. Ordering | Period | / | Period | of | Performance | ...................................................................................................... | 4 | | | | |
| 4. Place | of | Performance | ............................................................................................................................................... | 4 | | | | | | | |
| 5. Prime | Contractor | Responsibilities | ..................................................................................................................... | 4 | | | | | | | |
| 6. Emergency | Situations | .............................................................................................................................................. | 4 | | | | | | | | |
| 7. National | Security | ....................................................................................................................................................... | 5 | | | | | | | | |
| 8. Pricing | ............................................................................................................................................................................ | 5 | | | | | | | | | |
| 8.1 Labor | Rate | Pricing | ............................................................................................................................................... | 5 | | | | | | | |
| 8.2 Travel/Other | Direct | Costs | (ODCs) | ................................................................................................................ | 5 | | | | | | |
| 8.3 Other | Indirect | Costs | ............................................................................................................................................ | 5 | | | | | | | |
| 8.4 Incremental | Funding | on | Time | and | Materials | and | Labor | Hour | Orders | .......................................... | 5 |
| 8.5 Overtime | Payment | ............................................................................................................................................... | 5 | | | | | | | | |
| 8.6 Performance | Incentives | and | Penalties | ........................................................................................................ | 6 | | | | | | |
| 8.7 Payment‐Firm | Fixed | Price | ................................................................................................................................ | 6 | | | | | | | |
| 8.8 Payment | Time | and | Material/Labor | Hour | ................................................................................................... | 6 | | | | | |
| 9. Task | Order | Issuance | ................................................................................................................................................ | 6 | | | | | |
| 10. Submittal | of | Invoices | ............................................................................................................................................... | 7 | | | | | |
| 11. Clauses | Applicable | to | this | Contract | and | Issued | Orders | ............................................................................. | 7 |
| 11.1 Clauses | Incorporated | by | Reference | .............................................................................................................. | 7 | | | | |
| 11.2 Clauses | Incorporated | in | Full | Text | .................................................................................................................. | 8 | | | |
| II. STATEMENT | OF | WORK | ........................................................................................................................................ | 20 | |
| 1. BACKGROUND | .......................................................................................................................................................... | 20 | | | |
| 2. IDIQ | PURPOSE | AND | OBJECTIVES | ..................................................................................................................... | 25 |
| 3. IDIQ | SCOPE | ................................................................................................................................................................ | 26 | | |
| 4. IDIQ | TECHNICAL | REQUIREMENTS | ................................................................................................................. | 29 | |
| 5. IDIQ | ADMINISTRATION | ....................................................................................................................................... | 31 | | |
| 5.1 Security | Plan | ......................................................................................................................................................... | 31 | | |
| 5.2 Quality | Control | Plan | .......................................................................................................................................... | 33 | |
| 5.3 Emergency | Preparedness | Plan | ..................................................................................................................... | 33 | |
| 5.4 Contractor | Financial | Management | Plan.................................................................................................... | 35 | |
| 5.5 Records/Document | Management | Plan | ..................................................................................................... | 36 | |
| 6. ATTACHMENTS | ....................................................................................................................................................... | 36 | | | | | | |
| III. INSTRUCTIONS | TO | OFFERORS.......................................................................................................................... | 38 | | | | | |
| 1. General | ........................................................................................................................................................................ | 38 | | | | | | |
| 2. Points | of | Contact | ...................................................................................................................................................... | 38 | | | | |
| 3. Acquisition | Process | ................................................................................................................................................ | 38 | | | | | |
| 4. Milestone | Activity | #1: | Issue | RFP | ...................................................................................................................... | 39 | | |
| 5. Milestone | Activity | #2: | | RFP | Questions | Deadline | ........................................................................................ | 39 |
| 6. Milestone | Activity | #3: | | Release | Q&A | Amendment | .................................................................................... | 40 |
| 7. Milestone | Activity | #4: | | Proposal | Submissions | ............................................................................................ | 40 | |
| Page | 3 | of | 60 |
| 27 | September | 2018 | |
| Offer | Acceptance | Period | .................................................................................................................................. | 40 |
| Written | Proposal | Instructions | ...................................................................................................................... | 40 |
| 8. Milestone | Activity | #5: | | Government | Evaluations | ...................................................................................... | 49 |
| 8.1 CAR | 1352.215‐75 | EVALUATION | CRITERIA | (APR | 2010) | ................................................................... | 49 |
| 8.2 FACTOR | 1: | TECHNICAL | EVALUATION | ...................................................................................................... | 50 | | |
| 8.3 FACTOR | 2: | PAST | PERFORMANCE | EVALUATION | .................................................................................. | 54 | |
| 8.4 FACTOR | 3: | COST/PRICE | EVALUATION | ..................................................................................................... | 54 | | |
| 9. Milestone | Activity | #6: | Contractor | Down‐Selection | Announcement: | Phase | II | ............................... | 54 | |
| 10. Milestone | Activity | #7: | Phase | II | Process | ......................................................................................................... | 55 | | | |
| 10.1 Processing | of | Hiring | Packages | ...................................................................................................................... | 55 | | | | | |
| 10.2 Prototyping | of | TA | Applicant | Tracking | and | Management | Functionality | ...................................... | 56 | |
| 10.3 Prototyping | of | TA | Portal | Page | ...................................................................................................................... | 57 | | | | |
| 10.4 Development | of | the | Detailed | Technical | Documents | ............................................................................ | 57 | | | |
| 10.5 Definition | of | the | Build | and | Implement, | and | Operations | Pricing | .................................................... | 58 |
| 10.6 Knowledge | Points | .............................................................................................................................................. | 58 | | | | | | | |
| 10.7 Phase | II | Notional | Timing | and | Schedule | .................................................................................................... | 58 | | | |
| 11. Milestone | Activity | #8: | Phase | II | Government | Evaluations | ...................................................................... | 59 | |
| 12. Milestone | Activity | #9: | | Source | Selection | ....................................................................................................... | 60 | | |
| 12.1 1352.215‐74 | BEST | VALUE | EVALUATION | (APR | 2010) | / | TAILORED | ............................................ | 60 |
| 13. Milestone | Activity | #10: | | IDIQ | Award | .............................................................................................................. | 60 |
| 13.1 Kick‐Off | Meeting | ................................................................................................................................................. | 60 | | | | |
Enterprise Services – Talent Acquisition Managed Services
| Page | 4 | of | 60 |
| 27 | September | 2018 | |
I. INDEFINITE DELIVERY, INDEFINITE QUANTITY CONTRACT
1. General
| The | Contractor | shall | provide | the | services | described | in | this | Indefinite | Delivery, | Indefinite | Quantity | | | | |
| (IDIQ) | contract | and | the | SOW | as | defined | in | individual | Task | Orders. | | Terms | and | conditions | of | the |
| IDIQ | will | flow | down | to | all | issued | orders | unless | otherwise | identified | in | the | issued | Order. | | |
| The | estimated | ceiling | of | the | IDIQ | is | $150 | million, | inclusive | of | all | orders | issued | during | the | 5‐year |
| ordering | period. | | | | | | | | | | | | | | | |
2. Order Types
| Task | Orders | issued | under | this | IDIQ | will | be | Fixed‐Price | type | (i.e. | Fixed | Unit | Price), | Time | and |
| Materials/ | Labor‐Hour | type | orders, | or | a | hybrid | involving | two | or | more | of | these | contract | types. | |
| Contract | type | will | be | defined | in | each | Order. | | | | | | | | |
3. Ordering Period / Period of Performance
| The | ordering | period | of | this | IDIQ | is | 5‐years | from | date | of | award. | Orders | may | be | issued | at | any | time |
| during | the | ordering | period. | | | | | | | | | | | | | | | |
4. Place of Performance
| The | Government | anticipates | the | majority | of | product | deliveries | and | rendered | services | in | support | of | | | | |
| this | Contract | to | be | provided | at | the | Contractor’s | site, | so | long | as | this | site | is | within | the | continental |
| United | States. | Please | note | the | Contractor’s | site | will | require | an | ATO | letter | issued | by | a | Federal | | |
| Government | agency, | and | the | Department | will | sponsor | the | site | ATO. | | | | | | | | |
| Performance | may | require | attendance | of | the | Contractor | at | DOC | Headquarters | or | other | DOC | and | | | |
| Bureau | locations, | as | needed. | | Place | of | performance | will | be | will | be | further | defined | in | Orders | as |
applicable.
5. Prime Contractor Responsibilities
| The | Contractor | shall | be | held | responsible | for | the | performance | of | all | services | required | under | this |
| contract | and | under | issued | Task | Orders. | | | | | | | | | |
6. Emergency Situations
| Emergency | situations | and | contingency | operations | at | the | DOC | may | require | the | Contractor | to | operate | |
| at | times | not | considered | normal | operating | hours, | as | directed | by | the | Contracting | Officer. | This | |
| normally | involves | utility | outages, | weather | driven | contingencies, | or | any | work | involving | support | for | | |
| significant | technical | related | services | critical | to | the | DOC | mission | and | the | mission | of | the | supported |
Bureaus.
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| 27 | September | 2018 | |
7. National Security
| Services | may | be | required | to | support | an | activation | or | exercise | of | contingency | plans | outside | the |
| normal | duty | hours. | Emergencies | (i.e., | accident | and | rescue | operations, | civil | disturbances, | terrorist | | | |
| attacks, | and | natural | disasters) | may | necessitate | the | Contractor | to | provide | increased | or | reduced | | |
| support | as | determined | by | the | CO. | | | | | | | | | |
8. Pricing
8.1 Labor Rate Pricing
| The | labor | rates | awarded | by | labor | category | shall | be | fully | burdened | and | fixed | for | annual | periods. | | | |
| Escalation | is | allowable | annually. | | | Rates | in | effect | at | time | of | Order | placement | will | remain | in | effect | for |
| 12‐ | consecutive | months | regardless | of | changes | in | the | annual | effective | labor | rate. | Escalated | rates | will | | | | |
| be | applied | for | the | following | 12‐month | consecutive | period | and | so | on. | | | | | | | | |
8.2 Travel/Other Direct Costs (ODCs)
| Travel | and | Other | Direct | Costs | (ODC) | are | allowed | under | this | Contract | and | shall | be | specifically | |
| addressed | in | issued | Task | Orders | if | necessary | for | performance | of | the | Order. | Travel | will | be | |
| reimbursed | in | accordance | with | The | FTR/JTR | and | any | limitations | identified | in | the | Task | Order. | | The |
| designated | Government | Official | must | approve | all | travel | in | advance | of | incurring | costs | for | | | |
reimbursement.
| ODCs | will | be | identified | in | individual | Task | Orders, | as | required, | and | as | determined | to | be | allowable, |
| allocable, | and | reasonable. | ODCs | shall | be | reimbursed | to | the | Contractor | at | cost | plus | any | allowable | |
| material | handling | fee. | | | | | | | | | | | | | |
8.3 Other Indirect Costs
Indirect costs and overheads are not allowable as direct charges under this IDIQ.
8.4 Incremental Funding on Time and Materials and Labor Hour Orders
| Funding | may | be | incrementally | funded | for | Time | and | Material/Labor | Hour | Orders. | | | The | Contractor | |
| shall | notify | the | Contracting | Officer | (CO) | and | the | Contracting | Officer | Representative | (COR) | in | writing | | |
| at | when | costs | incurred | reach, | or | will | reach | 75% | of | allocated | funding | on | the | Order. | Contractor’s |
| incurrence | of | cost | in | excess | of | amount | funded | shall | be | at | the | Contractor’s | own | risk. | |
8.5 Overtime Payment
| Overtime | premiums | are | not | authorized | on | Task | Orders | issued | under | this | Contract. | | The | Contractor |
| shall | have | sufficient | staffing | to | meet | extended | hours | in | order | to | avoid | overtime | premiums | allocable |
| to | the | Government. | | | | | | | | | | | | |
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| 27 | September | 2018 | |
8.6 Performance Incentives and Penalties
| The | Government | may | introduce | incentives | and/or | penalties | directly | related | to | meeting | established | | | | |
| Service | Level | Agreements | (SLAs) | for | specific | services. | | Incentives | and/or | penalties | will | be | identified | | |
| in | individual | Orders. | | | Any | incentives | will | follow | the | guidelines | provided | in | FAR | 16.4 | Incentive |
| Contracts. | | All | necessary | documentation | will | be | provided | at | the | Order | level. | | | | |
8.7 Payment‐Firm Fixed Price
| Payment | of | the | prices | delineated | in | this | contract | will | be | made | after | DOC’s | inspection | and | |
| acceptance | of | the | deliverables | and | receipt | of | a | proper | invoice. | | The | Contractor | shall | invoice | for |
| services | rendered | monthly. | | | | | | | | | | | | | |
8.8 Payment Time and Material/Labor Hour
| Time | and | Material | payments | will | be | made | on | a | monthly | basis | after | acceptance | of | work | and | receipt |
| of | a | proper | invoice. | | The | Contractor | shall | provide | sufficient | detail, | including | fully | burdened | labor | | |
| rates | and | hours | worked, | and | receipts | for | material | to | support | the | invoice. | | | | | |
| The | Contractor | shall | not | accrue | costs | in | excess | of | the | amount | funded | under | this | Time | and | Material |
| contract. | | Any | work | performed | in | excess | of | the | amount | funded | is | at | the | Contractor’s | own | risk. |
9. Task Order Issuance
| (a) All | work | shall | be | initiated | only | by | issuance | of | a | fully | executed | Task | Order | issued | by | a |
| designated | Enterprise | Services | – | Acquisition | Contracting | Officer. | The | work | to | be | performed | | | | | |
| under | these | orders | must | be | within | the | scope | of | the | overall | Contract. | The | Government | is | | |
| only | liable | for | labor | hours | and | costs | expended | under | the | terms | and | conditions | of | this | | |
| contract | to | the | extent | that | a | fully | executed | Task | Order | has | been | issued | and | covers | the | |
| required | work | and | costs. | Charges | for | any | work | not | authorized | shall | be | disallowed. | | | | |
| (b) For | each | Order | under | the | IDIQ, | the | Contracting | Office | shall | either | send | a | Request | for | |
| Proposal | to | the | Contractor(s) | or | issue | a | direct | order | for | required | materials | and | services. | | |
| Any | request | will | contain | a | detailed | description | of | the | tasks | to | be | achieved, | a | schedule | for |
| completion | of | the | Task | Order, | and | deliverables | to | be | provided | by | the | Contractor. | | | |
| (c) If | required, | the | Contractor | shall | submit | a | proposal | defining | the | approach | to | be | taken | to |
| complete | the | task | order, | work | schedule, | and | proposed | cost/price. | | | | | | |
(d) After any necessary negotiations, the Contractor shall submit a final proposal.
| (e) Task | Orders | will | be | considered | fully | executed | upon | signature | of | the | Contracting | Officer. | The | | |
| Contractor | shall | begin | work | on | the | Task | Order | in | accordance | with | the | effective | date | of | the |
order.
| (f) The | Contractor | shall | notify | the | Contracting | Officer | of | any | instructions | or | guidance | given | that | |
| may | impact | the | cost, | schedule | or | deliverables | of | the | Order. | A | formal | modification | to | the |
| Order | must | be | issued | by | the | Contracting | Officer | before | any | changes | can | be | made. | |
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| 27 | September | 2018 | |
10. Submittal of Invoices
| Submit | invoices | and | required | supporting | documents, | electronically | via | e‐mail | to | the | following | e‐ |
| mail | address: | | As | designated | in | Orders | | | | | | |
Email a copy of the invoice to the Contracting Officer and the Contracting Officer’s Representative.
Invoices shall be prepared as follows:
| (a) A | separate | invoice | shall | be | submitted | for | each | billing | period | under | this | contract. | |
| (b) Invoices | shall | be | submitted | within | 10 | days | after | delivery | or | performance | of | work, | but |
| not | more | frequently | than | monthly | | | | | | |
| (c) Include | the | invoice | and | supporting | documents | as | an | attached | PDF | document. |
| (d) Include | in | the | e‐mail | subject | line | the | following: | | | |
| (i) | | | Invoice | # |
| (ii) | | Contract | Number | |
| (iii) | Name | of | your | Company/Organization |
| (iv) | Attention: | Contract | Specialist | |
| (v) | | | | Example: | Invoice | No. | 1 | of | Contract | No. | 1331L5‐18‐F‐1350‐0049, | ABC |
| Corporation, | Attention: | Jimmy | Smith | | | | | | | | | |
| (e) Documentation | shall | include: | | | | | | | | | |
| (i) | | | Name | and | address | of | the | Contractor. | | | |
| (ii) | | Invoice | number | and | invoice | date | | | | | |
| (iii) | Contract | number | and | title. | | | | | | | |
| (iv) | Period | of | work | billed. | | | | | | | |
| (v) | | Amount | billed | by | CLIN | under | the | contract | | | |
| (vi) | Hours | expended | per | individual | under | the | Task | Order | (for | Time | and |
| Material/Labor | Hour | Task | Orders) | | | | | | | | | | |
| (vii) | Total | amount | of | billing | and | cumulative | total | billed | for | all | work | under | the |
| contract | to | date. | | | | | | | | | | | | | |
| (viii) | Name | and | address | of | the | individual | to | whom | payment | should | be | sent. | | | |
| (ix) | | | Name, | title, | phone | number, | and | mailing | address | of | person | to | be | contacted | in |
| the | event | of | a | defective | invoice. | | | |
| (x) | | | | Name | of | the | Contracting | Officer. |
| (f) If | the | invoice | and | supporting | documents | exceed | 8 | MB, | the | Contractor | shall | submit | the |
| invoice | via | the | postal | service | to: | | As | Defined | in | Orders. | | | |
11. Clauses Applicable to this Contract and Issued Orders
11.1 Clauses Incorporated by Reference
| 52.204–21 | Basic | Safeguarding | of | Covered | Contractor | Information | Systems | (JUN | 2016) |
| 52.212‐4 | Contract | Terms | and | Conditions | – | Commercial | Items | (JAN | 2017) |
| 52.224‐1 | | Privacy | Act | Notification | (APR | 1984) | | | |
| Page | 8 | of | 60 |
| 27 | September | 2018 | |
| 52.224‐2 | | Privacy | Act | (APR | 1984) | | | | |
| 52.227‐14 | Rights | in | Data | – | General | (MAY | 2014) | | |
| 52.227‐19 | Commercial | Computing | Software | License | (DEC | 2007) | | | |
| 52.228‐7 | Insurance—Liability | to | Third | Persons | (MAR | 1996) | | | |
| 52.237‐2 | Protection | of | Government | Buildings, | Equipment | and | Vegetation | (APR | 1984) |
| 1352.201‐70 | Contracting | Officer's | Authority | (APR | 2010) | | | | |
| 1352.209‐73 | Compliance | with | the | Laws | (APR | 2010) | | | |
| 1352.209‐74 | Organizational | Conflict | of | Interest | (APR | 2010) | | | |
| 1352.216‐76 | | | | Placement | of | orders | (APR | 2020) | |
| 1352.246‐70 | Place | of | Acceptance | (APR | 2010) | | | | |
| 1352.216‐76 | | Placement | of | Orders | (APR | 2010) | | | |
| 1352.239‐72 | | Security | Requirements | for | Information | Technology | Resources | (APR | 2010) |
11.2 Clauses Incorporated in Full Text
ORDER OF PRECEDENCE
| The | Contractor’s | submission | shall | supplement | the | Order. | | In | the | event | of | any | inconsistencies | unless |
| otherwise | stated | in | the | relevant | order, | the | order | of | precedence | is | as | follows: | | |
| The | terms | of | the | Contract | |
| The | terms | of | the | Ordering | Document |
| Contractor’s | submission | | | | |
Enterprise Services – Talent Acquisition Managed Services
| Page | 9 | of | 60 |
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| 52.212‐5 | | CONTRACT | TERMS | AND | CONDITIONS | REQUIRED | TO | IMPLEMENT | STATUTES | OR |
| EXECUTIVE | ORDERS | – | COMMERICAL | ITEMS | (AUG | 2018) | | | | |
| (a) | The | Contractor | shall | comply | with | the | following | Federal | Acquisition | Regulation | (FAR) | clauses, | | |
| which | are | incorporated | in | this | contract | by | reference, | to | implement | provisions | of | law | or | Executive |
| orders | applicable | to | acquisitions | of | commercial | items: | | | | | | | | |
| (1) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | | | | |
| (Jan | 2017) | (section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing |
| Appropriations | Act, | 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in | subsequent | | | |
| appropriations | acts | (and | as | extended | in | continuing | resolutions)). | | | | | | | |
| (2) | 52.209‐10, | Prohibition | on | Contracting | with | Inverted | Domestic | Corporations | (Nov | 2015). | | | | |
| (3) | 52.233‐3, | Protest | After | Award | (Aug | 1996) | (31 | U.S.C. | 3553). | | | | | |
| (4) | 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: | | | | | | |
| __ | (1) | 52.203‐6, | Restrictions | on | Subcontractor | Sales | to | the | Government | (Sept | 2006), | with | Alternate | | |
| I | (Oct | 1995) | (41 | U.S.C. | 4704 | and | 10 | U.S.C. | 2402). | | | | | | |
| __ | (2) | 52.203‐13, | Contractor | Code | of | Business | Ethics | and | Conduct | (Oct | 2015) | (41 | U.S.C. | 3509)). | |
| __ | (3) | 52.203‐15, | Whistleblower | Protections | under | the | American | Recovery | and | Reinvestment | Act | of | | | |
| 2009 | (June | 2010) | (Section | 1553 | of | Pub. | L. | 111‐5). | (Applies | to | contracts | funded | by | the | American |
| Recovery | and | Reinvestment | Act | of | 2009.) | | | | | | | | | | |
| __ | (4) | 52.204‐10, | Reporting | Executive | Compensation | and | First‐Tier | Subcontract | Awards | (Oct | 2016) | | | | |
| (Pub. | L. | 109‐282) | (31 | U.S.C. | 6101 | note). | | | | | | | | | |
| __ | (5) | [Reserved]. | | | | | | | | | | | | | |
| __ | (6) | 52.204‐14, | Service | Contract | Reporting | Requirements | (Oct | 2016) | (Pub. | L. | 111‐117, | section | | | |
| 743 | of | Div. | C). | | | | | | | | | | | | |
| __ | (7) | 52.204‐15, | Service | Contract | Reporting | Requirements | for | Indefinite‐Delivery | Contracts | (Oct | | | | | |
| 2016) | (Pub. | L. | 111‐117, | section | 743 | of | Div. | C). | | | | | | | |
| XX | (8) | 52.209‐6, | Protecting | the | Government’s | Interest | When | Subcontracting | with | Contractors | | | | | |
| Debarred, | Suspended, | or | Proposed | for | Debarment. | (Oct | 2015) | (31 | U.S.C. | 6101 | note). | | | | |
| __ | (9) | 52.209‐9, | Updates | of | Publicly | Available | Information | Regarding | Responsibility | Matters | (Jul | | | | |
| 2013) | (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).
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| 27 | September | 2018 | |
| __ | (ii) | Alternate | I | (Jan | 2011) | of | 52.219‐4. | | | | | | | |
| __ | (13) | [Reserved] | | | | | | | | | | | | |
| __ | (14)(i) | 52.219‐6, | Notice | of | Total | Small | Business | Set‐Aside | (Nov | 2011) | (15 | U.S.C. | 644). | |
| __ | (ii) | Alternate | I | (Nov | 2011). | | | | | | | | | |
| __ | (iii) | Alternate | II | (Nov | 2011). | | | | | | | | | |
| __ | (15)(i) | 52.219‐7, | Notice | of | Partial | Small | Business | Set‐Aside | (June | 2003) | (15 | U.S.C. | 644). | |
| __ | (ii) | Alternate | I | (Oct | 1995) | of | 52.219‐7. | | | | | | | |
| __ | (iii) | Alternate | II | (Mar | 2004) | of | 52.219‐7. | | | | | | | |
| XX | (16) | 52.219‐8, | Utilization | of | Small | Business | Concerns | (Nov | 2016) | (15 | U.S.C. | 637(d)(2) | and | (3)). |
| XX | (17)(i) | 52.219‐9, | Small | Business | Subcontracting | Plan | (Jan | 2017) | (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 | (Nov | 2016) | of | 52.219‐9. | | | | | | | |
| __ | (18) | 52.219‐13, | Notice | of | Set‐Aside | of | Orders | (Nov | 2011) | (15 | U.S.C. | 644(r)). | | |
| __ | (19) | 52.219‐14, | Limitations | on | Subcontracting | (Jan | 2017) | (15 | U.S.C. | 637(a)(14)). | | | | |
| XX | (20) | 52.219‐16, | Liquidated | Damages—Subcon‐tracting | Plan | (Jan | 1999) | (15 | U.S.C. | | | | | |
637(d)(4)(F)(i)).
| __ | (21) | 52.219‐27, | Notice | of | Service‐Disabled | Veteran‐Owned | Small | Business | Set‐Aside | (Nov | 2011) | |
| (15 | U.S.C. | 657 | f). | | | | | | | | | |
| __ | (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)).
| XX | (25) | 52.222‐3, | Convict | Labor | (June | 2003) | (E.O. | 11755). | | | |
| XX | (26) | 52.222‐19, | Child | Labor—Cooperation | with | Authorities | and | Remedies | (Oct | 2016) | (E.O. |
13126).
| XX | (27) | 52.222‐21, | Prohibition | of | Segregated | Facilities | (Apr | 2015). | | | | | | |
| XX | (28) | 52.222‐26, | Equal | Opportunity | (Sept | 2016) | (E.O. | 11246). | | | | | | |
| XX | (29) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Oct | 2015)(38 | U.S.C. | 4212). | | | | |
| XX | (30) | 52.222‐36, | Equal | Opportunity | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793). | |
| XX | (31) | 52.222‐37, | Employment | Reports | on | Veterans | (Feb | 2016) | (38 | U.S.C. | 4212). | | | |
| __ | (32) | 52.222‐40, | Notification | of | Employee | Rights | Under | the | National | Labor | Relations | Act | (Dec | |
| 2010) | (E.O. | 13496). | | | | | | | | | | | | |
| __ | (33)(i) | 52.222‐50, | Combating | Trafficking | in | Persons | (Mar | 2015) | (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). |
| XX | (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.) | | | | | | | | | |
| Page | 11 | of | 60 |
| 27 | September | 2018 | |
| __ | (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 | Televisions | (Jun | 2014) | (E.O.s | 13423 | and | | | |
13514).
| __ | (ii) | Alternate | I | (Jun | 2014) | of | 52.223‐14. | | | | | | | | | | | |
| XX | (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. | | | | | | | | | | | |
| XX | (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. | 13693). | | | | | | | | | | | |
| XX | (45)(i) | 52.224‐3, | Privacy | Training | (JAN | 2017) | (5 | U.S.C. | 552a). | | | | | | | | | |
| __ | (ii) | Alternate | I | (JAN | 2017) | of | 52.224‐3. | | | | | | | | | | | |
| __ | (46) | 52.225‐1, | Buy | American—Supplies | (May | 2014) | (41 | U.S.C. | chapter | 83). | | | | | | | | |
| __ | (47)(i) | 52.225‐3, | Buy | American—Free | Trade | Agreements—Israeli | Trade | Act | (May | 2014) | (41 | | | | | | | |
| U.S.C. | chapter | 83, | 19 | U.S.C. | 3301 | note, | 19 | U.S.C. | 2112 | note, | 19 | U.S.C. | 3805 | note, | 19 | U.S.C. | 4001 | note, |
| Pub. | L. | 103‐182, | 108‐77, | 108‐78, | 108‐286, | 108‐302, | 109‐53, | 109‐169, | 109‐283, | 110‐138, | 112‐41, | | | | | | | |
| 112‐42, | and | 112‐43. | | | | | | | | | | | | | | | | |
| __ | (ii) | Alternate | I | (May | 2014) | of | 52.225‐3. | | | | | | | | | | | |
| __ | (iii) | Alternate | II | (May | 2014) | of | 52.225‐3. | | | | | | | | | | | |
| __ | (iv) | Alternate | III | (May | 2014) | of | 52.225‐3. | | | | | | | | | | | |
| __ | (48) | 52.225‐5, | Trade | Agreements | (Oct | 2016) | (19 | U.S.C. | 2501, | et | seq., | 19 | U.S.C. | 3301 | note). | | | |
| XX | (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). | | | | | | | | | | | | | |
| Page | 12 | of | 60 |
| 27 | September | 2018 | |
| __ | (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)).
| XX | (55) | 52.232‐33, | Payment | by | Electronic | Funds | Transfer—System | for | Award | Management | (Jul | | | |
| 2013) | (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). | | | |
| XX | (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. | | | | | | | |
| (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: | | | | | | | | | | | | |
| __ | (1) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (May | 2014)(E.O. | 13495). | | | | | | | |
| __ | (2) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014) | (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) | (May | 2014) | (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). | | | | | | | | |
| XX | (8) | 52.222‐55, | Minimum | Wages | Under | Executive | Order | 13658 | (Dec | 2015). | | | | | | |
| __ | (9) | 52.222‐62, | Paid | Sick | Leave | Under | Executive | Order | 13706 | (JAN | 2017) | (E.O. | 13706). | | | |
| __ | (10) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations | (May | 2014) | (42 | | | | |
| U.S.C. | 1792). | | | | | | | | | | | | | | | |
| __ | (11) | 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
| Page | 13 | of | 60 |
| 27 | September | 2018 | |
| Comptroller | General, | shall | have | access | to | and | right | to | examine | any | of | the | Contractor’s | directly | | |
| pertinent | records | involving | transactions | related | to | this | contract. | | | | | | | | | |
| (2) | The | Contractor | shall | make | available | at | its | offices | at | all | reasonable | times | the | records, | materials, | |
| and | other | evidence | for | examination, | audit, | or | reproduction, | until | 3 | years | after | final | payment | under | | |
| this | contract | or | for | any | shorter | period | specified | in | FAR | subpart | 4.7, | Contractor | Records | Retention, | | |
| of | the | other | clauses | of | this | contract. | If | this | contract | is | completely | or | partially | terminated, | the | |
| records | relating | to | the | work | terminated | shall | be | made | available | for | 3 | years | after | any | resulting | final |
| termination | settlement. | Records | relating | to | appeals | under | the | disputes | clause | or | to | litigation | or | the | | |
| settlement | of | claims | arising | under | or | relating | to | this | contract | shall | be | made | available | until | such | |
| appeals, | litigation, | or | claims | are | finally | resolved. | | | | | | | | | | |
| (3) | As | used | in | this | clause, | records | include | books, | documents, | accounting | procedures | and | practices, | | | |
| and | other | data, | regardless | of | type | and | regardless | of | form. | This | does | not | require | the | Contractor | to |
| create | or | maintain | any | record | that | the | Contractor | does | not | maintain | in | the | ordinary | course | of | |
| business | or | pursuant | to | a | provision | of | law. | | | | | | | | | |
| (e)(1) | Notwithstanding | the | requirements | of | the | clauses | in | paragraphs | (a), | (b), | (c), | and | (d) | of | this | |
| clause, | the | Contractor | is | not | required | to | flow | down | any | FAR | clause, | other | than | those | in | this |
| paragraph | (e)(1) | in | a | subcontract | for | commercial | items. | Unless | otherwise | indicated | below, | the | | | | |
| extent | of | the | flow | down | shall | be | as | required | by | the | clause— | | | | | |
| (i) | 52.203‐13, | Contractor | Code | of | Business | Ethics | and | Conduct | (Oct | 2015) | (41 | U.S.C. | 3509). | | | |
| (ii) | 52.203‐19, | Prohibition | on | Requiring | Certain | Internal | Confidentiality | Agreements | or | Statements | | | | | | |
| (Jan | 2017) | (section | 743 | of | Division | E, | Title | VII, | of | the | Consolidated | and | Further | Continuing | | |
| Appropriations | Act, | 2015 | (Pub. | L. | 113‐235) | and | its | successor | provisions | in | subsequent | | | | | |
| appropriations | acts | (and | as | extended | in | continuing | resolutions)). | | | | | | | | | |
| (iii) | 52.219‐8, | 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. | | | | | | | | | | | | | | | |
| (iv) | 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. | | | | | | | |
| (v) | 52.222‐21, | Prohibition | of | Segregated | Facilities | (Apr | 2015) | | | | | | | | | |
| (vi) | 52.222‐26, | Equal | Opportunity | (Sept | 2016) | (E.O. | 11246). | | | | | | | | | |
| (vii) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Oct | 2015) | (38 | U.S.C. | 4212). | | | | | | |
| (viii) | 52.222‐36, | Equal | Opportunity | for | Workers | with | Disabilities | (Jul | 2014) | (29 | U.S.C. | 793). | | | | |
| (ix) | 52.222‐37, | Employment | Reports | on | Veterans | (Feb | 2016) | (38 | U.S.C. | 4212) | | | | | | |
| (x) | 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. | | | |
| (xi) | 52.222‐41, | Service | Contract | Labor | Standards | (May | 2014) | (41 | U.S.C. | chapter | 67). | | | | | |
(xii) __(A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (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 and E.O 13627).
| Page | 14 | of | 60 |
| 27 | September | 2018 | |
| (xiii) | 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). | | | | | | | | | | | | | | |
| (xiv) | 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). | | | | | | | |
| (xv) | 52.222‐54, | Employment | Eligibility | Verification | (Oct | 2015) | (E.O. | 12989). | | | | | | | |
| (xvi) | 52.222‐55, | Minimum | Wages | Under | Executive | Order | 13658 | (Dec | 2015). | | | | | | |
| (xvii) | 52.222‐62, | Paid | Sick | Leave | Under | Executive | Order | 13706 | (Jan | 2017) | (E.O. | 13706). | | | |
| (xviii)(A) | 52.224‐3, | Privacy | Training | (Jan | 2017) | (5 | U.S.C. | 552a). | | | | | | | |
| (B) | Alternate | I | (Jan | 2017) | of | 52.224‐3. | | | | | | | | | |
| (xix) | 52.225‐26, | 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). | | | | | | | | | | | | | |
| (xx) | 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. | | | |
| (xxi) | 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. | | | | | |
52.216‐18 ORDERING (OCT 1995)
| (a) | Any | supplies | and | services | to | be | furnished | under | this | contract | shall | be | ordered | by | issuance | of | | |
| delivery | orders | or | task | orders | by | the | individuals | or | activities | designated | in | the | Schedule. | Such | | | | |
| orders | may | be | issued | from | May | 17, | 2019 | through | May | 16, | 2024. | | | | | | | |
| (b) | All | delivery | orders | or | task | orders | are | subject | to | the | terms | and | conditions | of | this | contract. | In | the |
| event | of | conflict | between | a | delivery | order | or | task | order | and | this | contract, | the | contract | shall | control. | | |
| (c) | If | mailed, | a | delivery | order | or | task | order | is | considered | “issued” | when | the | Government | deposits | | | |
| the | order | in | the | mail. | Orders | may | be | issued | orally, | by | facsimile, | or | by | electronic | commerce | methods | | |
| only | if | authorized | in | the | Schedule. | | | | | | | | | | | | | |
52.216‐19 ORDER LIMITATIONS (OCT 1995)
| (a) | Minimum | order. | When | the | Government | requires | supplies | or | services | covered | by | this | contract | in | |
| an | amount | of | less | than | $30,000.00, | the | Government | is | not | obligated | to | purchase, | nor | is | the |
| Contractor | obligated | to | furnish, | those | supplies | or | services | under | the | contract. | | | | | |
| (b) | Maximum | order. | The | Contractor | is | not | obligated | to | honor— | | | | | | |
| (1) | Any | order | for | a | single | item | in | excess | of | $20,000,000.00; | | | | | | |
| (2) | Any | order | for | a | combination | of | items | in | excess | of | $40,000,000.00; | or | | | | |
| (3) | A | series | of | orders | from | the | same | ordering | office | within | 2 | days | that | together | call | for |
| quantities | exceeding | the | limitation | in | paragraph | (b)(1) | or | (2) | of | this | section. | | | | | |
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21
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| of | the | Federal | Acquisition | Regulation | (FAR)), | the | Government | is | not | required | to | order | a | part | of | any |
| one | requirement | from | the | Contractor | if | that | requirement | exceeds | the | maximum‐order | limitations | | | | | |
| in | paragraph | (b) | of | this | section. | | | | | | | | | | | |
| (d) | Notwithstanding | paragraphs | (b) | and | (c) | of | this | section, | the | Contractor | shall | honor | any | order | | |
| exceeding | the | maximum | order | limitations | in | paragraph | (b), | unless | that | order | (or | orders) | is | | | |
| returned | to | the | ordering | office | within | 2 | days | after | issuance, | with | written | notice | stating | the | | |
| Contractor’s | intent | not | to | ship | the | item | (or | items) | called | for | and | the | reasons. | Upon | receiving | this |
| notice, | the | Government | may | acquire | the | supplies | or | services | from | another | source. | | | | | |
52.216‐22 INDEFINITE QUANTITY (OCT 1995)
| (a) | This | is | an | indefinite‐quantity | contract | for | the | supplies | or | services | specified, | and | effective | for | the | | |
| period | stated, | in | the | Schedule. | The | quantities | of | supplies | and | services | specified | in | the | Schedule | are | | |
| estimates | only | and | are | not | purchased | by | this | contract. | | | | | | | | | |
| (b) | Delivery | or | performance | shall | be | made | only | as | authorized | by | orders | issued | in | accordance | with | | |
| the | Ordering | clause. | The | Contractor | shall | furnish | to | the | Government, | when | and | if | ordered, | the | | | |
| supplies | or | services | specified | in | the | Schedule | up | to | and | including | the | quantity | designated | in | the | | |
| Schedule | as | the | “maximum.” | The | Government | shall | order | at | least | the | quantity | of | supplies | or | | | |
| services | designated | in | the | Schedule | as | the | “minimum.” | | | | | | | | | | |
| (c) | Except | for | any | limitations | on | quantities | in | the | Order | Limitations | clause | or | in | the | Schedule, | there | |
| is | no | limit | on | the | number | of | orders | that | may | be | issued. | The | Government | may | issue | orders | requiring |
| delivery | to | multiple | destinations | or | performance | at | multiple | locations. | | | | | | | | | |
| (d) | Any | order | issued | during | the | effective | period | of | this | contract | and | not | completed | within | that | | |
| period | shall | be | completed | by | the | Contractor | within | the | time | specified | in | the | order. | The | contract | | |
| shall | govern | the | Contractor’s | and | Government’s | rights | and | obligations | with | respect | to | that | order | to | | | |
| the | same | extent | as | if | the | order | were | completed | during | the | contract’s | effective | period; | provided, | that | | |
| the | Contractor | shall | not | be | required | to | make | any | deliveries | under | this | contract | after | | May | 16, | 2027. |
52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)
| The | Government | may | require | continued | performance | of | any | services | within | the | limits | and | at | the | | |
| rates | specified | in | the | contract. | These | rates | may | be | adjusted | only | as | a | result | of | revisions | to |
| prevailing | labor | rates | provided | by | the | Secretary | of | Labor. | The | option | provision | may | be | exercised | | |
| more | than | once, | but | the | total | extension | of | performance | hereunder | shall | not | exceed | 6 | months. | The | |
| Contracting | Officer | may | exercise | the | option | by | written | notice | to | the | Contractor | within | the | task | | |
| order | period. | | | | | | | | | | | | | | | |
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 | any |
| time | prior | to | contract | expiration, | provided | that | the | Government | gives | the | Contractor | a | preliminary | | | |
| written | notice | of | its | intent | to | extend | any | time | before | the | contract | expires. | The | preliminary | notice | |
| does | not | commit | the | Government | to | an | extension | | | | | | | | | |
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| (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 | 66 | months. | | | | | | | | | | | | | |
1352.216‐75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)
| During | the | term | of | the | contract, | the | Government | shall | place | orders | totaling | a | minimum | of |
| $50,000.00. | | The | amount | of | all | orders | shall | not | exceed | $150,000.000.00. | | | | |
1352.227‐70 RIGHTS IN DATA, ASSIGNMENT OF COPYRIGHT (APR 2010)
| In | accordance | with | 48 | CFR | 52.227‐17, | Rights | in | Data | – | Special | Works, | the | contractor | agrees | to |
| assign | copyright | to | data, | including | reports | and | other | copyrightable | materials, | first | produced | in | | | |
| performance | of | this | contract | to | the | United | States | Government, | as | represented | by | the | Secretary | of | |
| Commerce. | The | Government | retains | unlimited | rights | to | data | as | defined | in | FAR | 27.401 | produced | in | |
| performance | of | Orders | issued | under | this | IDIQ. | | | | | | | | | |
(End of clause)
1352.237‐75 KEY PERSONNEL (APR 2010)
(a) The contractor shall assign to this contract the following key personnel:
| o Program | Manager | |
| o Deputy | Program | Manager |
| o Transition/Mobilization | Lead | |
| o TA | Technology | Lead |
| o Innovation | Lead | |
| o Analytics | Lead | |
| o TA | Operations | Lead |
| o Senior | Staffing | Specialist |
| o Classification | Lead | |
| o Sourcing | Strategist | |
| | (b) | The | contractor | shall | obtain | the | consent | of | the | Contracting | Officer | prior | to | making | key |
| personnel | substitutions. | | Replacements | for | key | personnel | must | possess | qualifications | equal | to | or | | | | |
| exceeding | the | qualifications | of | the | personnel | being | replaced, | unless | an | exception | is | approved | by | the | | |
| Contracting | Officer. | | | | | | | | | | | | | | | |
| | (c) | Requests | for | changes | in | key | personnel | shall | be | submitted | to | the | Contracting | Officer | at | least | 15 |
| working | days | prior | to | making | any | permanent | substitutions. | The | request | should | contain | a | detailed | | | | | |
| explanation | of | the | circumstances | necessitating | the | proposed | substitutions, | complete | resumes | for | | | | | | | | |
| the | proposed | substitutes, | and | any | additional | information | requested | by | the | Contracting | Officer. | The | | | | | | |
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| Contracting | Officer | will | notify | the | contractor | within | 10 | working | days | after | receipt | of | all | required |
| information | of | the | decision | on | substitutions. | The | contract | will | be | modified | to | reflect | any | approved |
changes.
1352.239‐72 SECURITY REQUIREMENT FOR INFORMATION TECHNOLOGY (APR 2010)
| (a) | Applicability. | This | clause | is | applicable | to | all | contracts | that | require | contractor | electronic | access | to | | |
| Department | of | Commerce | sensitive | non‐national | security | or | national | security | information | | | | | | | |
| contained | in | systems, | or | administrative | control | of | systems | by | a | contractor | that | process | or | store | | |
| information | that | directly | supports | the | mission | of | the | Agency. | | | | | | | | |
| (b) | Definitions. | For | purposes | of | this | clause, | the | term | “Sensitive” | is | defined | by | the | guidance | set | forth |
| in | the | Computer | Security | Act | of | 1987 | (Pub. | L. | 100–235), | including | the | following | definition | of | the | |
term:
| (1) | Sensitive | information | is | “ | | * | | * | | * | any | information, | the | loss, | misuse, | or | unauthorized | access | to, | or |
| modification | of | which | could | adversely | affect | the | national | interest | or | the, | conduct | of | Federal | | | | | | | |
| programs, | or | the | privacy | to | which | individuals | are | entitled | under | section | 552a | of | title | 5, | United | | | | | |
| States | Code | (The | Privacy | Act), | but | which | has | not | been | specifically | authorized | under | criteria | | | | | | | |
| established | by | an | Executive | Order | or | an | Act | of | Congress | to | be | kept | secret | in | the | interest | of | national | | |
| defense | or | foreign | policy.” | | | | | | | | | | | | | | | | | |
| (2) | For | purposes | of | this | clause, | the | term | “National | Security” | is | defined | by | the | guidance | set | forth | in: | | | |
| (i) | The | DOC | IT | Security | Program | Policy | and | Minimum | Implementation | Standards, | Section | 4.3. | | | | | | | | |
| (ii) | The | DOC | Security | Manual, | Chapter | 18. | | | | | | | | | | | | | | |
| (iii) | Executive | Order | 12958, | as | amended, | Classified | National | Security | Information. | Classified | or | | | | | | | | | |
| national | security | information | is | information | that | has | been | specifically | authorized | to | be | protected | | | | | | | | |
| from | unauthorized | disclosure | in | the | interest | of | national | defense | or | foreign | policy | under | an | | | | | | | |
| Executive | Order | or | Act | of | Congress. | | | | | | | | | | | | | | | |
| (3) | Information | technology | resources | include, | but | are | not | limited | to, | hardware, | application | | | | | | | | | |
| software, | system | software, | and | information | (data). | Information | technology | services | include, | but | are | | | | | | | | | |
| not | limited | to, | the | management, | operation | (including | input, | processing, | transmission, | and | output), | | | | | | | | | |
| maintenance, | programming, | and | system | administration | of | computer | systems, | networks, | and | | | | | | | | | | | |
| telecommunications | systems. | | | | | | | | | | | | | | | | | | | |
| (c) | The | contractor | shall | be | responsible | for | implementing | sufficient | Information | Technology | | | | | | | | | | |
| security, | to | reasonably | prevent | the | compromise | of | DOC | IT | resources | for | all | of | the | contractor's | | | | | | |
| systems | that | are | interconnected | with | a | DOC | network | or | DOC | systems | that | are | operated | by | the | | | | | |
contractor.
| (d) | All | contractor | personnel | performing | under | this | contract | and | contractor | equipment | used | to | | | | |
| process | or | store | DOC | data, | or | to | connect | to | DOC | networks, | must | comply | with | the | requirements | |
| contained | in | the | DOC | Information | Technology | Management | Handbook | (see | DOC, | Office | of | the | Chief | | | |
| Information | Officer | Web | site), | or | equivalent/more | specific | agency | or | operating | unit | counsel | | | | | |
| guidance | as | specified | immediately | hereafter | OS | local | policies | and | procedures. | | | | | | | |
| (e) | Contractor | personnel | requiring | a | user | account | for | access | to | systems | operated | by | the | contractor | | |
| for | DOC | or | interconnected | to | a | DOC | network | to | perform | contract | services | shall | be | screened | at | an |
| appropriate | level | in | accordance | with | Commerce | Acquisition | Manual | 1337.70, | Security | Processing | | | | | | |
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| Requirements | for | Service | Contracts. | | | | | | | | | | | | | | |
| (f) | Within | 5 | days | after | contract | award, | the | contractor | shall | certify | in | writing | to | the | COR | that | its |
| employees, | in | performance | of | the | contract, | have | completed | initial | IT | security | orientation | training | in | | | | |
| DOC | IT | Security | policies, | procedures, | computer | ethics, | and | best | practices, | in | accordance | with | DOC | | | | |
| IT | Security | Program | Policy, | chapter | 15, | section | 15.3. | The | COR | will | inform | the | contractor | of | any | other | |
| available | DOC | training | resources. | Annually | thereafter | the | contractor | shall | certify | in | writing | to | the | | | | |
| COR | that | its | employees, | in | performance | of | the | contract, | have | completed | annual | refresher | training | | | | |
| as | required | by | section | 15.4 | of | the | DOC | IT | Security | Program | Policy. | | | | | | |
| (g) | Within | 5 | days | of | contract | award, | the | contractor | shall | provide | the | COR | with | signed | | | |
| acknowledgement | of | the | provisions | as | contained | in | Commerce | Acquisition | Regulation | (CAR), | | | | | | | |
| 1352.209–72, | Restrictions | Against | Disclosures. | | | | | | | | | | | | | | |
| (h) | The | contractor | shall | afford | DOC, | including | the | Office | of | Inspector | General, | access | to | the | | | |
| Contractor's | and | subcontractor's | facilities, | installations, | operations, | documentation, | databases, | and | | | | | | | | | |
| personnel | used | in | performance | of | the | contract. | Access | shall | be | provided | to | the | extent | required | to | | |
| carry | out | a | program | of | IT | inspection, | investigation, | and | audit | to | safeguard | against | threats | and | | | |
| hazards | to | the | integrity, | availability, | and | confidentiality | of | DOC | data | or | to | the | function | of | computer | | |
| systems | operated | on | behalf | of | DOC, | and | to | preserve | evidence | of | computer | crime. | | | | | |
| (i) | For | all | contractor‐owned | systems | for | which | performance | of | the | contract | requires | | | | | | |
This is the start of the file's text. The full file is on GovTribe.