1333MD18QNEEA0075_RFQ.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

RFQ 1333MD18QNEEA0075 is being issued to acquire Semi-annual Preventive Maintenance and occasional maintenance and/or emergency repairs for the Physical Access Control Systems (PACS) in the NOAA NSOF (Suitland, MD) and SSMC1 (Silver Spring, MD) locations.

POP will include a base year with 4 option years.

Please ensure FAR 52.209-11 (Section B, #1 and #2) is completed and submitted with the proposal/quote.

0001 BASE YEAR

Contractor shall provide Preventive Maintenance on a Firm Fixed Price basis semiannually for the NSOF and SSMC1 Physical Access Control System (PACS).

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2018 to 09/20/2019

1.00 EA

OPT

0002 Option Year 1

Contractor shall provide Preventive Maintenance on a Firm Fixed Price basis semiannually for the NSOF and SSMC1 Physical Access Control Systems (PACS).

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2019 to 09/20/2020

1.00 EA

OPT

0003 Option Year 2

Contractor shall provide Preventive Maintenance on a Firm Fixed Price basis semiannually for the NSOF and SSMC1 Physical Access Control Systems (PACS).

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2020 to 09/20/2021

1.00 EA

OPT

0004 Option Year 3

Contractor shall provide Preventive Maintenance on a Firm Fixed Price basis semiannually for the NSOF and SSMC1 Physical Access Control Systems (PACS).

1.00 EA

PAGE 3 OF 30 1333MD18QNEEA0075

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2021 to 09/20/2022

OPT

0005 Option Year 4

Contractor shall provide Preventive Maintenance on a Firm Fixed Price basis semiannually for the NSOF and SSMC1 Physical Access Control Systems (PACS).

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2022 to 09/20/2023

1.00 EA

OPT

0006 Base Year through Option Year 4

ODC Reimbursement for cost of parts replaced, supplies consumed, and other maintenance and repair services performed on an adhoc basis as requested by the COR, which are outside the Firm Fixed Price scope of the Preventive Maintenance.

PR NUMBER: NEEA0000-18-01377

DELIVERY DATE: 09/20/2018

SHIP TO:

NOAA/NESDIS/FMB

1335 EAST WEST HIGHWAY

ROOM 7407

SILVER SPRING MD 20910

FOB : Destination Period of Performance: 09/21/2018 to 09/20/2023

1.00 EA

PAGE 4 OF 30 1333MD18QNEEA0075

Table of Contents

Statement of Work

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.203-98PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

- #REPRESENTATION (FEB 2015)

52.203-99PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(FEB 2015)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JUL 2018)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN

SERVICES--CERTIFICATION (MAY 2014)

1352.209-70 POTENTIAL ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.215-74 BEST VALUE EVALUATION (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

PAGE 5 OF 30 1333MD18QNEEA0075

CLAUSES

Statement of Work

PAGE 6 OF 30 1333MD18QNEEA0075

STATEMENT OF WORK

PHYSICAL ACCESS CONTROL SYSTEMS (PACS) PREVENTIVE MAINTENANCE

AND REPAIR SERVICES FOR BOTH THE ENTIRE

NOAA SATELLITE OPERATIONS FACILITY (NSOF) AND

NESDIS-OCCUPIED SPACE IN SSMC1

I. Background

The NOAA National Environmental Satellite, Data and Information Service (NESDIS) Facilities Management Branch (FMB) manages the building support and security infrastructure for the entire NOAA Satellite Operations Facility (NSOF) located in Suitland, MD and also the NESDIS-occupied space within the Silver Spring Metro Center Building #1 (SSMC1) which encompasses some or all of SSMC1 floors 5, 6, 7 and 8, along with room 101 on the main lobby level and underground garage level G-1.

The NSOF provides and ensures timely access to global environmental data from satellites and other sources to promote, protect, and enhance the Nation’s economy, security, environment, and quality of life.

The NESDIS-occupied space within the SSMC1 building primarily consists of standard office operations along with several special rooms where the NESDIS Local-Area-Network (LAN) equipment is housed.

II. Scope

This Statement of Work is for the preventative maintenance, as well as other maintenance and repairs of the NSOF & SSMC1 Physical Access Control System (PACS), including all equipment, cabling, and devices associated with the operation of the PACS.

Onsite services at NSOF & SSMC1 shall consist of:

(1) Preventative Maintenance performed on Firm-Fixed-Price basis and completed as pre-scheduled with the COR (usually on a Non-Emergency response-level); and

(2) other ad-hoc maintenance and repairs performed on a Time & Material basis and completed on either an Emergency or Non-Emergency response-level as pre-approved by the

COR.

All services shall be responded to onsite by the Contractor under either an “Emergency” or “Non-Emergency” level of response time to begin performing and thereafter complete the work, as determined by the Government COR.

PAGE 7 OF 30 1333MD18QNEEA0075

The contractor shall support all upgrades of existing security systems at NSOF & SSMC1 as procured by the government. When requested, the contractor shall also provide offsite remote technical support and diagnostic services of the NSOF & SSMC1 PACS system.

III. Place of Performance:

The location of onsite work to be performed is at the following addresses:

BUILDING ADDRESS

NSOF 4231 Suitland Road, Suitland, MD 20746

SSMC1 1335 East West Highway Floors 5, 6, 7, 8, room 101 on Main Lobby Level, and the G-1 garage level.

IV. Contracting Officer’s Representative (COR)

The Contracting Officer’s Representative for this acquisition will be:

Roderick S. Insley 4231 Suitland Road Suitland, MD 20746 Government Cell (202) 657-2220

V. Contractor Qualifications

Contractor shall be certified in the operation and maintenance of CCure 9000 and must possess a minimum of three years experience operating and maintaining software and hardware components. The Contractor shall ensure that all personnel performing any work under this acquisition on the NSOF & SSMC1 PACS systems and related equipment shall be professionally certified to perform the work. The Contractor shall be fully capable to provide all management, supervision, labor, materials, and supplies to perform the work, and shall train, plan, schedule, coordinate, and assure effective performance of all services as outlined in this statement of work.

VI. Technical Requirements

A. Placing Government Service Calls and Other Communications:

PAGE 8 OF 30 1333MD18QNEEA0075

Upon notification of receiving the award of this acquisition, the Contractor shall provide the Government COR a Point-of-Contact (POC) including e-mail and telephone contact info, to enable the Government to place service call requests to the Contractor and/or to order parts 24-hours per-day, 365-days per year.

Email may be used for communications between the Government and the Contractor, and is the preferable mode of communication between the COR and the Contractor. Email will be considered an acceptable method of communicating with the COR in writing.

The Contracting Officer (CO) or COR may require certain communications to be completed in hardcopy on the Contractor’s letterhead. The Contractor will be notified by the CO or COR when this is necessary.

Security projects are considered confidential to NESDIS and information related to security projects shall not be shared with any other entities either internal or external to NOAA. At no time shall the Contractor discuss or convey, to any other entity or concern, any information regarding any aspect of the projects performed under this contract, or with respect to the security and security systems of NOAA, DOC, or the US Government.

This shall include written, verbal, electronic mail or any electronic media form.

The Contractor shall submit all submittals, requests for information, and contractual documents through the COR. In addition to the COR, for the purposes of technical discussions and coordination, the Contractor may be directed to work with members of the NOAA Office of Security, and with the NSOF or SSMC1 Security Officer.

All documentation concerning this project shall be considered as a part of the project paid for by NOAA and therefore the property of NOAA. All documentation for this project shall be turned over to NOAA at the completion of the job or at any time before completion as requested by NOAA.

Upon arrival onsite to perform a service call involving other than preventative maintenance, the Contractor’s technician shall perform an initial assessment of the corrective actions needed to resolve the problem and inform the COR of the number of estimated hours to complete the work and the cost of any parts that may be needed. In the event the technician can’t fix the problem within the hours initially estimated, the technician shall contact the COR to request approval to proceed to continue work. If the corrective action may include the ordering of additional parts the Contractor shall obtain Government COR approval for the order in advance. Materials and parts shall be itemized on the invoice and not exceed published price listings, if applicable.

PAGE 9 OF 30 1333MD18QNEEA0075

B. Security System Items Inventory Monitoring and Reporting:

The contractor shall annually generate a list of the PACS equipment covered by this contract including the Badging System and related components at both the NSOF & SSMC1, and provide the inventory list to the COR.

C. Service Call Response Times:

Each time the Government requests services performed under this acquisition the Government COR will assess the urgency of the situation and determine the Contractor response-level to be assigned to that work.

The COR will choose from either an Emergency or Non-Emergency response-level, and the Contractor shall subsequently ensure their technician both arrives onsite at the NSOF or SSMC1 as applicable, and completes the work within the timeframes stated below for each type of response-level:

(1) Non-Emergency Level Response:

Service-calls ordered under the “Non-Emergency” level response-time will generally be to complete activities such as periodic preventive maintenance and/or other routine maintenance, diagnostics and minor repairs where the PACS system issues being addressed by the work can be easily isolated and/or pose little risk to overall effective system performance.

Under the Non-Emergency level response-time, the contractor shall provide a technician onsite at the NSOF to begin performing the requested work within 2 business-days (business-days are Monday-Friday except federal Holidays) of receipt of the Government’s request, or a later date/time specifically requested by the COR.

All Non-Emergency level services shall be completed within 2 business-days of the date/time the Contractor’s technician initially arrived at the designated location (NSOF or SSMC1) to perform the repairs, unless:

(1) the Government determines the cause of the delay is beyond the control of the Contractor (such as the Contractor must wait for replacement parts to arrive that are not available locally or the shipping cost to expedite the part’s arrival is determined by the Government to be cost-prohibitive), or

(2) the Government directs the Contractor to temporarily suspend the work due to the higher priority of current NSOF Mission Operation activities, etc.

PAGE 10 OF 30 1333MD18QNEEA0075

However, in the event that the Government determines the delay is within the control of the Contractor and the initial technician cannot correct a problem within 2 business days of their arriving onsite at the designated work location (NSOF or SSMC1), at no additional cost to the government the contractor shall provide a second technician or a subcontractor recommended by the manufacturer, or from the manufacturer, within 4-hours to assist with expediting the resolution of the system issue.

If the delay in correcting the issue is related to a system component or part that is not on hand, in stock, or readily available, the tech shall notify the COR in writing of when the arrival of the parts will be received and installed.

Attention: The Government will normally place service calls for Non-Emergency level work during the time-period from 7:30am to 4:00pm, Monday through Friday, except federal Holidays, and the Contractor shall perform the work during this same daily timeframe unless the subject work was specifically approved to be performed outside this timeframe by the COR in advance.

In the event that to timely complete a Non-Emergency service call the Contractor’s work is required to continue after normal NOAA business hours (currently business hours are from 7:30am to 4:00pm, Monday through Friday except holidays), the tech is required to phone the COR of the issue and respond as required by the COR. If parts are required and not available, the technician shall return to the designated work location (NSOF or SSMC1) and complete the repair after parts are received.

(2) Emergency Level Response Time:

Service-calls ordered under the Emergency level response-time will generally be to complete urgent tasks or address system issues that pose an unacceptable operational risk to overall effective system performance.

Under the Emergency level response-time, the contractor shall provide a technician onsite at the designated work location (NSOF or SSMC1) to begin performing the requested work within 2 hours of receipt of the Government’s request, and due to the importance of the work the Government reserves the right to place this type of service request at any time of day 24-hours a day, 365 days per year.

All Emergency response level services shall be completed within 12-hours of the date/time the Contractor’s technician initially arrived at the designated work location (NSOF or SSMC1) to perform the repairs, unless the Government determines the cause of the delay is beyond the control of the Contractor, such as:

PAGE 11 OF 30 1333MD18QNEEA0075

(1) the volume of work cannot reasonably be completed in 12-hours by a skilled technician;

(2) the Contractor must wait for replacement parts to arrive that are not available locally;

(3) the fastest expedited shipping mode available still delays the part’s arrival past 12-hours; or

(4) the Government directs the Contractor to temporarily suspend/delay the work due to the higher priority of current NSOF or SSMC1 Mission Operation activities, etc.

However, in the event that the Government determines the delay is within the control of the Contractor and the initial technician cannot correct a problem within 12-hours of their arriving onsite at the designated work location (NSOF or SSMC1), at no additional cost to the government the contractor shall provide a second technician or subcontractor recommended by the manufacturer, or from the manufacturer, within 3-hours to assist with expediting the resolution of the system issue. If the delay in correcting the issue is related to a system component or part that is not on hand, in stock, or readily available, the tech shall notify the COR in writing of when the expedited arrival of the parts will be received and installed. Once the ordered parts are received, the Contractor shall perform the install within 4-hours.

D. Replacement Parts and Supplies:

1. The Government will not provide any equipment, spare parts, or supplies. In most cases replacement parts (as defined below) will be purchased from the Contractor using the ODC CLIN under this acquisition, if appropriate funding is available. The Contractor shall never charge the Government more than the published price-list pricing for items the Government purchases, if applicable.

2. The contractor shall use only new standard parts or parts that are of a quality and functionality equal to or exceeding that which was installed in the equipment by the OEM and warranted as new in effecting repairs.

3. Parts are defined as items that are available from the original manufacturer of the particular security component (access control components) and may not be substituted with another vendor's product due to systems' warranties and system compatibility.

All other items are considered "supplies". Such items are to include miscellaneous cable, wiring, wire ties, connectors, relays, timers, balanced magnetic switches.

4. All charges for replacement parts and supplies shall be itemized on the invoice.

PAGE 12 OF 30 1333MD18QNEEA0075

E. General Description of Types Of Services To Be Performed:

The Contractor shall provide preventive maintenance, and other maintenance and repair services to ensure the PACS system is continuously performing at an acceptable operational-level to the Government.

The Contractor shall ensure their technicians respond timely to both Non-Emergency and Emergency response level service calls, and complete necessary maintenance work and repairs to the PACS system and related equipment for both the NSOF & SSMC1 locations, within NOAA’s prescribed time-frames for service completion stated herein for each response-level.

The contractor shall take all reasonable precautions, as directed by the Government, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect Government property.

The types of PACS maintenance and repair services to be performed under this acquisition includes, but is not limited to the following types of tasks:

(1) PREVENTIVE MAINTENANCE

a. Within ten (10) working days of receiving notice of the award of this acquisition the

Contractor shall survey and assess the PACS system and develop a Preventive Maintenance Plan designed to minimize system down-time and maximize overall functional reliability.

b. Perform routine preventive maintenance in accordance with the manufacturer’s recommendation for all electronic security equipment, as pre-scheduled with the

COR.

c. Perform security system troubleshooting to verify proper system operations and isolate malfunctioning system components, as part of a preventive maintenance service.

d. Remove and replace defective equipment and ensure the overall system and any new equipment is operating properly.

e. Assist NOAA personnel as needed to make changes with visitor access and badging software, including installation of any software updates, bug fixes, etc.

PAGE 13 OF 30 1333MD18QNEEA0075

f. Preventive maintenance (PM) is defined as a regularly scheduled activity to keep the entire security access system in full operating condition. Preventive maintenance shall be performed separately and NOT during Emergency response-level service calls. PM shall be performed during a mutually acceptable time during the specified NOAA PPM agreed to by the contractor and the Government.

g. The contractor shall perform Preventative Maintenance (PM) on a semi-annual basis

(October and April), using the Preventative Maintenance (PM) schedule provided to the Government within 10 working days from contract award. A listing of equipment to be serviced during the preventive maintenance is attached. If during the PM the technician discovers an issue requiring immediate attention, the technician shall contact the COR for guidance in repairing/replacing the defective equipment. The contractor will be compensated for replacing the defective equipment at a pre-determined repair service hourly rate included in the contract plus reimbursement for the cost of materials and parts used for the repair. Material charges shall be itemized on the invoice and not exceed published price listings, if applicable. This PM work shall be completed during NOAA PPM hours.

h. The contractor shall provide the Government with a PM checklist that shall list all equipment items listing the Pass/Fail block, as well as a comments box with corrective actions. This checklist shall be provided to the Government upon completion of the scheduled PM.

i. PM services shall be performed in accordance with the Statement of Work (SOW).

NOAA uses standard equipment items, such as card readers, etc. in the day to day operation of the security system. The contractor shall provide all items required to perform the work. In the event some of the PACS security system items are not readily accessible without use of a step-stool, ladder or a motorized lift, the contractor shall be responsible for providing the required equipment.

(2) OTHER MAINTENANCE AND REPAIRS

a. Perform repairs in accordance with the manufacturer’s recommendation for all electronic security equipment, within the response-level time-frame designated by the COR. Repairs requested under a Non-Emergency response-level shall be completed within NOAA PPM hours unless the COR approves in advance.

PAGE 14 OF 30 1333MD18QNEEA0075

b. Perform security system troubleshooting to isolate malfunctioning system components as part of diagnostic for repair services.

c. Remove and replace defective equipment and ensure new equipment is operating properly.

d. Assist NOAA personnel as needed to make any associated changes with visitor access and badging software.

e. Upon arrival onsite to perform a service call involving other than preventative maintenance, the Contractor technician shall perform an initial assessment of the corrective actions needed to resolve the problem and inform the COR of the number of estimated hours to complete the work and the cost of any parts that may be needed.

In the event the technician can’t fix the problem within the hours initially estimated, the technician shall contact the COR to request approval to proceed to continue work.

If the corrective action may include the ordering of additional parts the Contractor shall obtain Government COR approval for the order in advance. Materials and parts shall be itemized on the invoice and not exceed published price listings, if applicable.

VII. Principal Period of Maintenance (PPM) = NOAA Normal Business Hours of Operation

A. Under this acquisition the PPM daily workday time-frame aligns with NOAA’s current

Normal Business Hours of Operation, which are Monday thru Friday from 7:30am to 4:00pm, except federal Holidays.

B. Services performed under this acquisition shall be performed during PPM hours, with the exception of “Emergency Response Level” work, which shall require the contractor to appear onsite within two (2) hours of being contacted by the Government at any time, 24-hours per day, 365-days per year.

C. There shall be no additional premium charge for service calls performed during the PPM window of 7:30 a.m. – 4:00 p.m. each weekday.

VIII. Services Performed Outside Principal Period of Maintenance (OPPM)

PAGE 15 OF 30 1333MD18QNEEA0075

Some maintenance and repair requirements may need to be performed outside of the PPM.

For those situations, the government COR may authorize OPPM maintenance, including Emergency Response Level services, provided appropriate funding under the ODC CLIN under this acquisition is available.

IX. Deliverables/Documentation

The following documentation is to be provided to the COR by the contractor during the life of the contract. The contractor shall design his/her own forms to be used for this documentation.

A. Equipment Repair Warranty History: Provide computerized records documenting each time a piece of equipment has been serviced or repaired to include in this record any warranty information (i.e.: new parts or items) that cover the equipment, and separate the records by type of equipment (i.e.- RTU's, card readers, PPU's, etc. ).

B. Part Out for Repair and Spare Parts Records: Provide computerized records depicting the status of all parts “out for repair”. Include in this record the name of the item, where it physically came from, when it was taken out of service, when it was returned to the manufacture, when it was returned from the manufacturer (include shipping receipts for both) and when it was placed back in service or placed into the spare parts inventory.

Also include a current record of all spare parts and the status of each part (currently in inventory, on order, and in service).

C. Technical Publications: Documents supplementing this purchase order include technical publications issued by the manufacturer of security hardware currently in use by NOAA.

These technical publications shall be provided to the COR following issuance of the purchase order.

X. Special Considerations Training for Contractor Personnel: Upon award of this acquisition, the Government shall provide initial localized training to all contractor employees on site or mission specific procedures, as appropriate, in performing the work under this acquisition. Initial training shall include familiarity with NOAA security and site access procedures. This shall include the locations of all security panels, security equipment, and the Security Command Center.

PAGE 16 OF 30 1333MD18QNEEA0075

XI. Period of Performance

The Period of Performance (POP) of this acquisition shall be for one base year unless the base period is extended by the Contracting Officer with a modification. This acquisition also contains four (4) twelve (12) month option periods which may be exercised at the Government's discretion in accordance with FAR Clause 52.217-9, "Option to Extend the Term of the Contract".

The Period of Performance for the base and option years are projected as depicted below.

The dates below are for demonstration purposes only. The actual dates will be based on the effective award date of the base period.

Base Year September 21, 2018 through September 20, 2019 Option Year 1 September 21, 2019 through September 20, 2020 Option Year 2 September 21, 2020 through September 20, 2021 Option Year 3 September 21, 2021 through September 20, 2022 Option Year 4 September 21, 2022 through September 20, 2023

ATTENTION: It is the sole discretion of the Government to exercise options at all, or earlier than the above start dates.

XII. Schedule

Upon notification of award the contractor shall submit to the Government, within 10 working days, a draft schedule for implementing the Preventative Maintenance Plan (PMP) Schedule.

Upon acceptance and approval of the schedule by the Government COR, the contractor shall begin work and complete the work in accordance with the schedule unless the COR approves a change to the schedule.

Schedule of Deliverables

Deliverables Due Date

Draft Schedule for Implementing the

PMP

Within 20 work-days after award.

Technical Publications Within 20 work-days after award.

PAGE 17 OF 30 1333MD18QNEEA0075

Separate updated Inventory List of PACS Equipment Items & Software at the NSOF and also at SSMC1

Within 20 work-days after award and annually thereafter.

Maintenance activity report Semi-Annually – Report submitted to the COR within 1-week after completing each 6-month period.

System Issue Status Report Semi-Annually – Report submitted to the COR within 1-week after completing each 6-month period.

Incident Report Report submitted to the COR within 1-week of completing an urgent repair.

Separate Accumulative Incident Report for NSOF vs SSMC1

Semi-Annually – Report submitted to the COR within 1-week after completing each 6-month period.

XIII. Security Requirements A. All Contract personnel, both long-term and short-term, entering NESDIS premises shall have valid picture identification.

B. Personnel performing the work covered by this acquisition will not have local or network access to any non-public Department of Commerce Information Technology resources.

C. All Contract personnel shall be escorted at all times while on Government premises.

XV. Acquisition Pricing

All maintenance and repair services shall be priced as follows and consist of:

(1) Preventative Maintenance performed onsite shall be priced on an annual Firm-Fixed- Price basis and completed as pre-scheduled and approved by the COR (usually on a Non-Emergency response-level);

PAGE 18 OF 30 1333MD18QNEEA0075

(2) Other Ad-hoc Maintenance and Repairs performed onsite shall be priced on a Time

& Material Price basis and completed on either an Emergency or Non-Emergency response-level, as pre-approved by the COR;

(3) Travel – There shall be no cost to the Government for the Contractor’s travel to or from the NSOF location to perform the services covered by this acquisition.

However, the Government acknowledges the common commercial practice of charging a minimum number of hours per service call, and so the Contracting Officer will identify the allowable minimum number of hours billable for each service call as part of the terms stated in the award document.

XVI. Invoices and Payment

All invoices shall be submitted to the COR.

Each invoice shall indicate the NOAA acquisition award number and shall also include an itemized list of:

(1) Date/Time the COR placed the Service Call;

(2) Date/Time the Contractor’s technician arrived onsite at NSOF to begin performing the work;

(3) Date/Time when the work was completed;

(4) Type of response-level for the services requested as designated by the COR;

(5) Total number of hours worked;

(6) The individual cost of all parts & supplies provided.

ATTENTION: Once the invoice is received by the Government, the COR has up to 30 days to review and approve all invoices. If the Government COR rejects the invoice, the contractor will be notified in writing via email to revise/correct and then resubmit the invoice, based on the government’s findings. If an invoice is rejected, the 30 day period to pay the invoice begins again once the corrected invoice is received by the Government.

(End of Scope)

PAGE 19 OF 30 1333MD18QNEEA0075

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(Reference 52.212-2)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

(Reference 52.212-3)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-4)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

(Reference 52.233-4)

52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS - #REPRESENTATION (FEB 2015)

(Reference 52.203-98)

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (FEB 2015)

(Reference 52.203-99)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JUL 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

PAGE 20 OF 30 1333MD18QNEEA0075

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 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 (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (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).

(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).

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

(13) [Reserved] (14) XX (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(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)).

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

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

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

13126).

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

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

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

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

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

PAGE 21 OF 30 1333MD18QNEEA0075

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

XX (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 7 and E.O. 13627).

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

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun, 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT(R) -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(R) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

(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(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

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

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

(44) 52.223-21, Foams (Jun, 2016) (E.O. 13693).

(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).

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

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

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

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(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).

(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

PAGE 22 OF 30 1333MD18QNEEA0075

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 --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).

(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 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services…