Sol_140F0719R0003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

F07

ANCHORAGE AK 99503-6199

1011 E TUDOR ROAD

FWS, DIVISION OF CONTRACTING AND GE

CODE 16. ADMINISTERED BYCODE

X

X

X

561492

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF07

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/12/2019 1400 AD

07/12/2019

+19077863409Shelly Berna (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0719R0003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

ANCHORAGE AK 99503-6199

1011 E TUDOR ROAD

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Court Reporter IDIQ for the Alaska Region

Question receipt end date is July 23, 2019 by 2 p.m. Alaska time. Please send questions to Contract Specialist, Shelly Berna at shelly_berna@fws.gov. Refer to the attached Performance Work Statement for more information.

Section L contains more information pertinent to submitted proposals.

Proposals are due August 12, 2019 by 2 p.m.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Franklin Lee

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Alaska time. Please send complete proposal package to Contracting Officer, Frank Lee at frank_lee@fws.gov. Please send all documents required as listed in Section L.

00010 Court Reporter Services IDIQ - Base Year

Period of Performance: 09/01/2019 to 08/31/2020

00020 Court Reporter Services IDIQ - Option Year One

(Option Line Item)

07/01/2020

Period of Performance: 09/01/2020 to 08/31/2021

00030 Court Reporter Services IDIQ - Option Year Two

(Option Line Item)

07/01/2021

Period of Performance: 09/01/2021 to 08/31/2022

00040 Court Reporter Services IDIQ - Option Year Three

(Option Line Item)

07/01/2022

Period of Performance: 09/01/2022 to 08/31/2023

00050 Court Reporter Services IDIQ - Option Year Four

(Option Line Item)

07/01/2023

Period of Performance: 09/01/2023 to 08/31/2024

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

Solicitation 140F0719R0003 Court Reporter Services IDIQ

PART I – THE SCHEDULE

SECTION B – SERVICES AND PRICES

Alaska Region Court Reporter Services IDIQ

B.1 Description of Services The U.S. Fish and Wildlife Service intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract to provide Court Reporter Services within the state of Alaska. The Government reserves the right to award one (1) IDIQ Court Reporter Services contract. The duration of the IDIQ contract will not exceed 5 years (base year, plus 4 option years). Project work is anticipated to be awarded at this time.

Task orders will be issued on a firm-fixed-price basis or, if travel is expected, a combination of firm-fixed price and cost reimbursement/no fee pricing as stated in the Schedule of Items. Each task order will state the services required and time for completion. Task order prices will be based upon established fixed-price rates agreed upon and set forth in the final IDIQ contract.

Hourly rates shall be fully burdened and include all indirect labor costs, general, and administrative costs. Hourly rates do not include travel costs. Travel costs will be a combination of actual costs for airfare, and per diem rates established by the Federal Travel Regulations for lodging, meals and incidentals. Not every task order issued will have travels costs. Local meetings, as defined as meetings within the Anchorage area, will not have travel costs associated with each task order.

Each task order issued under this IDIQ will have a minimum guarantee amount of $500, and a maximum amount of no more than $100,000.00.

This proposed contract is set aside for small business. The NAICS code is 561492 Court Reporter and Stenotype Services.

B.2 Contractor Information (fill out):

Contractor Information Company Name Cage Code DUNS Code

Street Address City State Zip Code

Phone Number Fax Number Website

Point of Contact Information

Point of Contact Name Telephone Number Email Address

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B.3 IDIQ Period of Performance

Base Year: September 1, 2019 through August 31, 2020 Option Year 1: September 1, 2020 through August 31, 2021 Option Year 2: September 1, 2021 through August 31, 2022 Option Year 3: September 1, 2022 through August 31, 2023 Option Year 4: September 1, 2023 through August 31, 2024

B.4.1 Schedule of Items – Base Year

Base Year (September 1, 2019 – August 31, 2020)

CLIN Description QTY Unit Unit Price Total Amount

Service Line Items – Firm-Fixed Price

10 Court Reporter Hourly Rate, local 1 HR $ $

20 Court Reporter Hourly Rate, non local 1 HR $ $

30 Transcript Per Page Rate 1 Page $ $

40 Audio Capture 1 Task $ $

50 Late Cancellation (less than 48-hour notice) 1 Task $ $

60 Archive Fee 1 Task $ $

70 Expedited Transcript – next day 1 Page $ $

80 Expedited Transcript – 2nd day 1 Page $ $

90 Expedited Transcript – 3rd day 1 Page $ $

100 Delivery/Shipping and Handling Fee 1 Task $ $

Total $

Travel – Cost Reimbursable - Cost (travel costs are a combination of actual and Federal Travel Regulation pricing). No pricing set until a task order is issued.

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B.4.2 Schedule of Items – Option Year One

Option Year One (September 1, 2020 – August 31, 2021)

CLIN Description QTY Unit Unit Price Total Amount

Service Line Items – Firm-Fixed Price

10 Court Reporter Hourly Rate, local 1 HR $ $

20 Court Reporter Hourly Rate, non local 1 HR $ $

30 Transcript Per Page Rate 1 Page $ $

40 Audio Capture 1 Task $ $

50 Late Cancellation (less than 48-hour notice) 1 Task $ $

60 Archive Fee 1 Task $ $

70 Expedited Transcript – next day 1 Page $ $

80 Expedited Transcript – 2nd day 1 Page $ $

90 Expedited Transcript – 3rd day 1 Page $ $

100 Delivery/Shipping and Handling Fee 1 Task $ $

Total $

Travel Expense Line Items – Cost Reimbursable - Cost (travel costs are a combination of actual and Federal Travel Regulation pricing). No pricing set until a task order is issued.

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B.4.3 Schedule of Items – Option Year Two

Option Year Two (September 1, 2021 – August 31, 2022)

CLIN Description QTY Unit Unit Price Total Amount

Service Line Items – Firm-Fixed Price

10 Court Reporter Hourly Rate, local 1 HR $ $

20 Court Reporter Hourly Rate, non local 1 HR $ $

30 Transcript Per Page Rate 1 Page $ $

40 Audio Capture 1 Task $ $

50 Late Cancellation (less than 48-hour notice) 1 Task $ $

60 Archive Fee 1 Task $ $

70 Expedited Transcript – next day 1 Page $ $

80 Expedited Transcript – 2nd day 1 Page $ $

90 Expedited Transcript – 3rd day 1 Page $ $

100 Delivery/Shipping and Handling Fee 1 Task $ $

Total $

Travel Expense Line Items – Cost Reimbursable – Cost (travel costs are a combination of actual

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B.4.4 Schedule of Items – Option Year Three

Option Year Three (September 1, 2022 – August 31, 2023)

CLIN Description QTY Unit Unit Price Total Amount

Service Line Items – Firm-Fixed Price

10 Court Reporter Hourly Rate, local 1 HR $ $

20 Court Reporter Hourly Rate, non local 1 HR $ $

30 Transcript Per Page Rate 1 Page $ $

40 Audio Capture 1 Task $ $

50 Late Cancellation (less than 48-hour notice) 1 Task $ $

60 Archive Fee 1 Task $ $

70 Expedited Transcript – next day 1 Page $ $

80 Expedited Transcript – 2nd day 1 Page $ $

90 Expedited Transcript – 3rd day 1 Page $ $

100 Delivery/Shipping and Handling Fee 1 Task $ $

Total $

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B.4.5 Schedule of Items – Option Year Four

Option Year Four (September 1, 2023 – August 31, 2024)

CLIN Description QTY Unit Unit Price Total Amount

Service Line Items – Firm-Fixed Price

10 Court Reporter Hourly Rate, local 1 HR $ $

20 Court Reporter Hourly Rate, non local 1 HR $ $

30 Transcript Per Page Rate 1 Page $ $

40 Audio Capture 1 Task $ $

50 Late Cancellation (less than 48-hour notice) 1 Task $ $

60 Archive Fee 1 Task $ $

70 Expedited Transcript – next day 1 Page $ $

80 Expedited Transcript – 2nd day 1 Page $ $

90 Expedited Transcript – 3rd day 1 Page $ $

100 Delivery/Shipping and Handling Fee 1 Task $ $

Total $

Solicitation 140F0719R0003 Court Reporter Services IDIQ

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 Performance Work Statement

C.1.1 Background The FWS has a requirement for an Indefinite Delivery/Indefinite Quantity Court Reporting and Transcription Services for Federal Subsistence Board meetings, Federal Subsistence Regional Advisory Council meetings, and occasionally other meetings as requested by Alaska-based FWS programs. The Subsistence Regional Advisory Councils (Councils) are divided into 10 regional areas in Alaska, and provide recommendations and other input to the Federal Subsistence Board.

C.1.2 Locations of Performance The Federal Subsistence Board conducts one large public meeting a year, and possibly two to three work sessions each year that would require court reporting and transcription services.

Federal Subsistence Board public regulatory meetings typically occur in January in odd-numbered years and April in even-numbered years. Federal Subsistence Board meetings are usually held in Anchorage, Alaska, but could be conducted in other locations within the state.

Other U.S. Fish and Wildlife (FWS) program meetings occur occasionally throughout the year but are not great in number as the Office of Subsistence Management (OSM) meetings and usually occur in Anchorage only.

Councils meet twice per year in locations throughout the State of Alaska, for a minimum of 20 Regional Advisory Council meetings. A Draft Schedule of the next round of Subsistence Regional Advisory Councils is attached for reference. Council meetings will sometimes be conducted in remote areas of Alaska, determined by the Councils in coordination with OSM.

The following list shows meeting locations since 2008. These locations are listed as historical information only, as future meetings may be held at any location within Alaska deemed appropriate by the Councils, the Federal Subsistence Board, OSM, MBM, and other FWS programs.

Southeast Craig, Hoonah, Juneau, Ketchikan, Petersburg, Saxman, Sitka, Wrangell, Yakutat

Southcentral Anchorage, Cantwell, Cooper Landing, Copper Center, Cordova, Homer, Kenai, Tazlina

Kodiak/Aleutians Cold Bay, Dutch Harbor, Kodiak, King Cove, Sand Point

Bristol Bay Naknek, Dillingham

Yukon-Kuskokwim Delta Bethel, Kalskag, Mountain Village

Solicitation 140F0719R0003 Court Reporter Services IDIQ

Western Interior Anchorage, Aniak, Fairbanks, Galena, Holy Cross, McGrath

Seward Peninsula Nome, Unalakleet

Northwest Arctic Buckland, Kiana, Kotzebue, Selawick

Eastern Interior Fairbanks, Ft. Yukon, Nenana, Tok, Tanana

North Slope Anaktuvuk Pass, Nuiqsut, Utqiagvik (Barrow)

Additional meeting recordings may be needed at follow-on meetings (such as teleconference continuance of Council or Federal Subsistence Board meetings), tribal consultation meetings, or meetings held by other Federal agencies that don’t conflict with required meetings held as part of the Federal Subsistence Management Program.

C.1.3 Contractor Responsibilities The contractor shall provide all management, supervision, labor, travel and supplies necessary to provide court reporter services as specified for the Office of Subsistence Management (OSM), Migratory Bird Management (MBM), as well as other U.S. Fish and Wildlife Service (FWS) programs in Alaska as needed and without conflicting with the requirements outlined herein.

The contractor shall be responsible for providing accurate transcripts of all Federal Subsistence Board, Subsistence Regional Advisory Council and other program-related meetings that fall within the periods of performance.

C.1.4 Personnel The contractor shall utilize skilled and productive labor based upon industry standards and according to the specifications described herein. Failure on the part of the contractor to utilize skilled and productive labor may result in the Government terminating the contract.

A. Qualifications of employees: all personnel engaged in the work to be accomplished under this contract shall be fully trained in the operation of the sound system, transcribing equipment; telephone integration system and any other equipment necessary to produce accurate and timely transcripts of the meetings. All personnel engaged in the work to be accomplished under this contract shall be fully trained in the appropriate protocol and activities supporting the meetings.

Solicitation 140F0719R0003 Court Reporter Services IDIQ

B. Written notification of personnel: the contractor shall provide in writing to the Contracting Office within five (5) days prior to the contract starting date the names of contractor personnel who will be performing work under this contract. This list of personnel will be updated by the contractor prior to a change in personnel at the work site.

C. Availability of personnel: the contractor is responsible to ensure staff is available to provide recording and transcribing services at all meeting locations and during inclement weather.

C.1.5 Recording and Sound Equipment A. Government Furnished Property: OSM currently provides the following equipment:

Bosch 800 Ultro Microphone/Recorder Unit without speakers, wires, or mixers, SKB – Telco Unit (2) and Clear One Telco Converge Pro TH20 units. OSM provides this equipment, but the contractor may be required to supplement that system with their own equipment, which could include microphones and speakers. Any equipment used for public address must interface with the recording equipment and digital or analog phone systems at meeting locations.

B. A telephone integration system capable of providing a direct audio feed between parties over digital or analog telephone lines, as well as integrating this audio into meeting recordings is required. The Contractor must demonstrate how this will be accomplished.

C. Recording equipment utilizing audio or digital recordings will be required to build transcripts. All recordings must be kept and archived by the court reporting agency.

D. The contractor will be responsible for transportation and set-up of the sound equipment and telephone integration system, as well as ensuring it is performing correctly.

C.1.6 Transcript Requirements/Deliverables A. The contractor will provide an electronic copy containing the formatted files of transcripts for each meeting. The transcripts and the electronic files must be single-spaced and formatted with line and page numbers and conform to industry transcription standards. All transcripts must be provided in current Microsoft Word version formatted to be 508 compliant, as well as provided in PDF format.

B. The contractor will return electronic copies of following materials obtained during a meeting: supplemental materials, sign-in sheet, testifier forms, or any other document delivered to the court reporter during the course of a meeting. These may be scanned into a single file.

Solicitation 140F0719R0003 Court Reporter Services IDIQ

C. The contractor will provide transcripts as an e-mail attachment to the respective FWS program as soon as the transcripts are complete (one meeting day at a time if the meeting is longer than a single day) for distribution to FWS staff. The contractor shall be given adequate notice should FWS request expedited transcripts.

D. The transcripts and the electronic files must be received by the respective FWS program within seven (7) business days of the end of the meeting. OSM, and other FWS programs, will inform the contractor is expedited transcripts are needed.

E. All audio recordings of meetings shall be archived by the contractor for 5 years. The archival date shall begin the first day after the last day of the respective meeting. U.S.

Fish and Wildlife shall have access to all audio recordings as requested from the contractor.

C.1.7 Travel Requirements A. The contractor and/or staff will be required to travel to meeting locations across the State of Alaska, including remote towns and villages. The contractor shall be reimbursed for necessary travel expenses while in performance of the contract from resulting task orders.

Any necessary travel expenses under the contract will be billed and reimbursed as a combination of actual pricing and pricing in accordance to the Federal Travel Regulations (FTR), Joint Travel Regulations for travel within Alaska.

B. The contractor shall be prepared for inclement weather and challenging accommodations at the various places of performance in Alaska. On occasion, weather has caused delays in returning to Anchorage, or delays in arriving at the meeting destination. The contractor shall be in contact with the respective FWS program to determine the best course of action in certain situations. On occasion, proper accommodations in remote villages are not available which could result in the contractor and Government personnel having to make adjustments. Government personnel should be able to provide more information concerning the challenges when travelling in rural Alaska when meeting sites have been scheduled. For meeting sites, see locations listed under Places of Performance.

C. Travel Expenses: Travel expenses will be paid by the Government as a combination of actual expense for airfare, and rates based on the Federal Travel Regulations (FTR) for lodging, meals, and incidentals, to the Contractor at cost for the base year and option years when exercised. Regardless of where the contractor is home based, the Government will only pay for travel from the R7 Regional Office in Anchorage, Alaska to the requested meeting location within Alaska. Travel costs will not be considered when meetings are scheduled in the Anchorage area. The Government shall estimate a lump-sum travel cost on the task order, based on the FTR as listed at the Defense Travel Management Office found at https://www.defensetravel.dod.mil/site/perdiemCalc.cfm https://www.defensetravel.dod.mil/site/perdiemCalc.cfm

Solicitation 140F0719R0003 Court Reporter Services IDIQ and actual costs for airfare. This Government estimate is to aid the contractor in developing a response to a task order request. The contractor shall use the FTR, Joint Travel Regulations stated in FAR 31.205-46 Travel Costs, to set pricing for all per diem rates for lodging, meals, and incidentals for the state of Alaska. The contractor shall submit actual pricing for airfare. Travel costs do not include the Schedule Line Item 020, “Court Reporter Hourly Rate, non local” as that pricing is firm-fixed and established on the Schedule of Items. See Section G.1 Travel Costs for more information.

Estimated Maximum Ceiling for Travel Costs: $7500 per person

The maximum ceiling for travel costs is an estimate only.

C.1.8 IDIQ Estimates A. Base year: Contractor shall be responsible for providing accurate transcripts of all

Regional Advisory Council meetings held twice yearly, and at least one Federal Subsistence Board meeting. This period of performance will include 20 Regional Advisory Council Meetings one to three days in length, at least one Federal Subsistence Board meeting up to four days in length, three Federal Subsistence Board work sessions of up to three days each, and two Migratory Bird Co-Management council meetings.

Estimate pages for base year: 2500 – 10,000

B. Option years: Contractor shall be responsible for providing accurate transcripts of all Regional Advisory Council meetings held twice yearly, and at least one Federal Subsistence Board meeting. This period of performance will include 20 Regional Advisory Council Meetings one to three days in length, at least one Federal Subsistence Board meeting up to four days in length, three Federal Subsistence Board work sessions of up to three days each, and two Migratory Bird Co-Management council meetings.

Estimated pages for option year: 2500 – 10,000

The estimated pages listed are the Government’s best estimates and should be used for evaluation purposes only. Estimated quantities are not a guarantee of ordered quantities under the IDIQ contract. There is no minimum or maximum page quantities for this IDIQ contract.

C.1.9 Additional costs A. In the event of any defined meetings scheduled for the Base Period, or for the defined meetings schedule for any exercised Option Period, have been cancelled by the Government with less than 48 hours advanced written notice, or lack of quorum for the scheduled meetings, the contractor may submit payment for reimbursement of actual costs incurred. Additional costs for cancellation shall not exceed the current established

Solicitation 140F0719R0003 Court Reporter Services IDIQ per-diem rate for the meeting location as listed by the Defense Travel Management Office.

C.1.10 Standards of Conduct A. The contractor shall be responsible for maintaining satisfactory standards of employee conduct in keeping with established protocol of public meetings as well as professional standards of competence, conduct, appearance, and integrity.

C.1.11 Smoking Restrictions A. There is no smoking permitted during meetings or in public buildings.

SECTION D – PACKAGING AND MARKING

Refer to Section C, C.1.6 Transcripts Requirements/Deliverables for packaging and marking of meeting transcripts, electronic files, and audio files for delivery.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance Deliverables, as a result of an issued task order, shall be inspected then accepted or rejected by the respective FWS department program lead. All deliverables shall be in accordance to the Performance Work Statement (see Section C) requirements.

52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.246-5 Inspection of Services-Cost-Reimbursement (Apr 1984) 52.246-16 Responsibility for Supplies (Apr 1984)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 Terms of the Contract The period of performance of this contract shall be one (1) year from date of contract award.

The FWS reserves the right to exercise the option to extend the period of performance for four

(4) additional one (1) year periods.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the completion date of the contract, the task order may run beyond the end of the contract time.

Solicitation 140F0719R0003 Court Reporter Services IDIQ

The total duration of this contract, including the exercise of any options shall not exceed sixty

(60) months. The contract shall include FAR 52.217-08, Option to Extend Services, the total duration of this contract, if that clause is invoked, is sixty-six (66) months.

52.242-15 Stop-Work Order (Aug 1989)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 Travel Costs Calculating travel costs and procedures will be in accordance to FAR 31.205-46. Travel locations, descriptions and requirements are listed under sections C.1.2, C.1.7, and C.1.9. All travel costs shall be considered to be reasonable and allowable only to the extent that they do not exceed the rates and amounts set forth in FAR 31.205-46.

A. Costs incurred by contractor personnel for lodging, meals, and incidental expenses, shall be allowable if based on the GSA per diem rate set forth in FAR 31.205-46. The Contractor will be compensated for airfare by using the actual expenses method in accordance to FAR 31.205-46 (2)(ii). Payment under either method chosen cannot exceed the maximum per diem rate used for similarly situated Government employees unless the contractor receives advance approval from the Contracting Officer. Profit is not allowed on travel. Alaska per diem rates can be found at https://www.defensetravel.dod.mil/site/perdiemCalc.cfm.

B. All travel itineraries not included in the contractor's approved cost proposal for the contract or individual task order must receive the prior written approval from the Contracting Officer.

G.2 DOI Electronic Invoicing Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

https://www.defensetravel.dod.mil/site/perdiemCalc.cfm

Solicitation 140F0719R0003 Court Reporter Services IDIQ

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Itemized invoice for items delivered and/or work performed.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of clause)

G.3 Contractor Performance and Assessment Reporting System (CPARS)

(a) Past performance evaluations are required for contracts and orders over the simplified acquisition threshold. The FWS has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit records to the Past Performance Information Retrieval System (PPIRS). The past performance evaluation process is a paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in PPIRS for Government use in evaluating past performance as part of a source selection action.

(b) The Contractor must furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to past performance evaluation(s) for this contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the FWS Assessing Official. The report information must at all times be protected as source selection sensitive information not releasable to the public.

(c) When the Contractor Representative is registered in CPARS, he or she will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may also be found at this site.

(d) Within 60 days after the end of a performance period, the FWS Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

http://www.cpars.gov/ http://www.cpars.gov/

Solicitation 140F0719R0003 Court Reporter Services IDIQ

(e) The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the form cannot be viewed and/or submitted through CPARS, contact the AO for instructions.

2. Strictly control access to the evaluation within your organization, and ensure the evaluation is never released to persons or entities outside of their control.

3. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(f) If you wish to discuss a past performance evaluation, send a request in writing to the AO no later than seven days following the date the FWS submits an evaluation to CPARS.

(g) If the parties cannot resolve any disagreement in the content of the past performance evaluation, the original evaluation as well as your comments will be referred to the Reviewing Official (RO). The RO will make a final determination on the performance evaluation.

(h) The completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting future source selection actions after it has been finalized.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Government Furnished Property The Government will provide the equipment listed in Section C, C.1.5 A. Recording and Sound Equipment for use in performance of this contract. This property shall be used and maintained by the Contractor in accordance with FAR Part 45, Government Property. Contractors are encouraged to provide their own transcription equipment if the Government Furnished Property isn’t compatible with the Contractor’s equipment.

H.2 Proposed Key Personnel Unless specifically delegated in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation. Performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

H.3 FWS R7 Environmentally Preferable and Energy-Efficient Products and Services Policy Whenever cost effective, the contractor should provide products and/or services that are energy

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PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov

52.202-1 Definitions. (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (May 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub.

L. 115-91).

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

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

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

https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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:

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13126).

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

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

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

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

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

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

793).

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

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

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

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

8259b).

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

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

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

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

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

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

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

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

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

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

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

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

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

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

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

637(d)(13)).

___ (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.

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (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).

Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Court Reporter GS-5/Step 1 $18.13/hour

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

_X_ (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).

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

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

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

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

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(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…