B08_RFP_Pool_and_Fountain_Maint.docx

140P3018R0020

National Park Service – National Capital Region Combined Synopsis/Solicitation for Commercial Items

Solicitation Title: NAMA Fountain and Pool Maintenance - George Mason Memorial, Japanese American Friendship Memorial, Korean Veterans War Memorial and American Veterans Disabled for Life Memorial

Contracting Office Address NPS, National Capital Region, East Major Acquisition Buying Office 1900 Anacostia Drive, S.E.

Washington, D.C. 20020

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1. The solicitation number is 140P3018R0020.

2. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95.

3. This acquisition is 100% Set Aside for Small Businesses. The North American Industry Classification System Code (NAICS) is 221310 Water Supply and Irrigation Systems. The small business size standard is $27.5 Million.

4. The National Park Service (NPS) proposes to procure Pool/Fountain Maintenance Services in accordance with the attached statement of work, terms, and conditions.

5. Prior to submitting an offer, Offerors must be actively registered in System for Award Management.

Registration instructions may be obtained, and online registration may be accomplished at www.sam.gov. By submitting an offer, the offeror acknowledges the requirement to be registered in the SAM database prior to award, during performance, and through final payment of any contract resulting from the solicitation.

6. DOL Wage Determination 15-4281 (Rev. -9) dated 1/10/2018, Washington D. C. applies to this solicitation and subsequent contract.

7. A Site Visit will be held on Wednesday, April 18, 2018 at 10:00 am. Contractors are highly encouraged to attend the site visit. Participants will meet at the following address and proceed to individual sites from there:

NPS NAMA Headquarters 900 Ohio Drive S.W, Washington, D.C. 20242

Commercial Clauses:

a. The provision at Federal Acquisition Regulation (FAR) 52.212-1 – Instructions to Offerors – Commercial Items apply to this acquisition and are incorporated by reference.

*SEE ADDENDUM to 52.212-1 ON P.7 FOR COMPLETE INSTRUCTIONS*

b. The provision at FAR 52.212-2 - Evaluation – Commercial Items applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered in accordance to the source selection procedures in FAR 15.101-1 Tradeoff Process. The following factors/sub-factors shall be used to evaluate offers:

1. Management and Operating Plan (MOP) that includes the following:

a. Maintain Display Pool/Fountain Plan -

b. Staffing Plan

c. Safety Plan

d. Quality Control Plan

2. Past Performance

3. Price

Technical capability and past performance, when combined, are approximately equal to price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The Government will evaluate the total price for the base, options, and 6 month extension.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

c. Offerors must include a completed copy of the provision at FAR 52.212-3 – Offerors Representations and Certifications – Commercial Items, with their quote. A print out of SAM website reps and certs is acceptable, as long as the SAM reps and certs are up to date on the SAM website. Per Paragraph (b)(1) of this provision, any changes provided by the vendor in paragraph (b)(2) of this provision do not automatically change the representation and certifications posted on the SAM website. It is the vendor’s responsibility to ensure their SAM registration is up to date prior to any contract awards.

d. The clause at FAR 52.212-4 – Contract Terms and Conditions – Commercial Items apply to this acquisition and are incorporated by reference.

e. The clause at FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and the following additional FAR clauses cited within the clause are applicable: 52.203-6, 52.204-10, 52.209-6, 52.219-6, 52.219-8, 52.219-14, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-13, 52.232-33, 52.222-41, 52.222-42, 52.222-55, and 52.222-62.

The full text of the referenced FAR clauses may be accessed electronically at http://farsite.hill.af.mil/

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

Contractors must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this RFP including the Scope of Work. If not noted in this section of your proposal, it will be assumed that the contractor proposes no assumptions for award, and agrees to comply with all of the terms and conditions set forth herein.

OFFEROR ACCEPTANCE PERIOD

Proposals in response to this solicitation must be valid for no less than 120 calendar days.

QUESTIONS

Offerors must submit all questions concerning this RFP in writing via email to Robert_Murphy@nps.gov. NPS must receive the questions no later than Tuesday, April 24, 2017 by 4:00 PM EST. At that time all questions will be answered via an amendment to the solicitation, without reference as to the originating sources. Offerors shall thoroughly read this RFP in its entirety and ensure timely submittal of questions by the designated date and time above as this timeline will be strictly enforced and no further questions will be accepted after this time. PHONE CALLS WILL NOT BE ACCEPTED.

EXCHANGES WITH OFFERORS

The Government reserves the right to establish this contract without exchanges with offerors. Consequently, offerors are highly encouraged to offer their best technical and pricing proposals in their initial submissions. However, the Government reserves the right to discuss submissions with any or all offerors submitting a technical and price proposal, if it is determined in the best interest of the Government to do so. This statement is not to be construed to mean that the Government is obligated to conduct exchanges. Also, note that offerors may be eliminated from consideration without further exchanges if its technical and/or pricing proposals are not complete or comply with the requirements set forth in this solicitation.

TYPE OF CONTRACT

It is the intent of the Government to establish one firm fixed price contract.

PERIOD OF PERFORMANCE

The estimated Period of Performance will be a base term from time of award through December 31, 2018. Two one-year Option periods are included; however, tasks are limited to the period stated in Statement of Work, approximately April 1 – December 31.

EXCLUSION OF LATE PROPOSALS

Offerors are advised of the late proposal exclusion provision. Quotations must be received by the time and date specified on Page 1 in the Request for Proposal. Any proposals received after the closing time and date will NOT be considered.

INSPECTION OF SERVICES

The Government reserves the right to conduct an on-site inspection of services listed in the Technical Proposal that the contractor has stated will be accomplished on-site.

ADDENDUM TO 52.212-2 – Evaluation – Commercial Items

BASIS FOR AWARD

This is a competitive selection subject to FAR 15.101-1, Tradeoff Selection Process. The Government intends to award a firm fixed price contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is evaluated as being the most advantageous to the Government. The Government reserves the right to make an award without discussions. For this solicitation, non-priced factors when combined, are approximately equal to price. As the non-priced factors of Offerors’ proposals become more equal, the evaluated cost or price may become the determining factor. The Contracting Officer shall determine what tradeoff between non-priced factors and price promises the greatest value to NPS.

EVALUATION PROCESS

The evaluation procedures in FAR 15.101-1 Tradeoff Source Selection Process will be utilized to select the “Best Value” offer. For this solicitation, non-cost factors when combined, are approximately equal to price. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The following factors and sub-factors are listed in descending order of importance and shall be used to evaluate offers:

1) Technical Factor: Management and Operating Plan (MOP) that includes the following:

a. Sub-factor 1a. - Maintain Display Pool/Fountain Plan – The contractor shall submit a plan that identifies in detail its management strategies to provide services required to reach the outcome required in Statement of Work (SOW).

b. Sub-factor 1b. - Staffing Plan - The Contractor shall submit a staffing plan that identifies in detail the personnel, and the roles and responsibilities of the staff and backup coverage as minimally required. The staffing plan shall identify all subcontractors and their key personnel.

c. Sub-factor 1c. - Safety Plan - The Contractor shall submit a Safety Plan designed to ensure a safe environment for Contractor personnel, building occupants, and visitors. The submitted Safety Plan will be reviewed for compliance with Occupational Safety and Health Administration (OSHA) and contract requirements. The Contractor shall include:

1. Training and Safety Meeting Schedules. Detail safety meeting schedule to include dates and topics of discussion.

2. Emergency Situation Plan. Include potential events such as such as floods, fires, explosions, power outages, spills, and wind storms, taking into consideration existing government emergency plans, the nature of activities, site conditions, and degree of exposure of persons and property.

d. Sub-factor 1d. - Quality Control Plan - The Contractor shall develop and establish a comprehensive QC Plan to ensure the requirements of this SOW are fulfilled. At minimum, the Contractor shall include the following elements in the program:

1. A comprehensive inspection system of all the scheduled and unscheduled services required in this SOW.

2. The name(s) and contact information of the designated primary and backup QC Inspector(s)

3. A methodology to proactively identify and correct problems before the COR or designated personnel identify or are made aware of such problems.

4. A comprehensive file of Contractor conducted inspections, corrective actions, and follow-ups which is available to the Government at any given moment during the term of the contract

2) Capability Factor: Past Performance

a. Sub-factor 4a. - Relevant Past Performance: Contractors shall list at least three (3) relevant projects completed in the last five (5) years, which are similar in nature to this requirement, in terms of scope of duties, size of contract, and dollar value. The contracts may include those entered into with Federal, State, and local governments, and commercial businesses. The contractor shall describe the scope, size of contract, dollar value and list contacts for each project listed.

b. Sub-factor 4b. - Past Performance Questionnaires In addition, in order to validate past performance, The Government will use performance questionnaires from a minimum of (3) three references/clients that have relevant experience with the offeror on similar projects within the last five (5) years to validate past performance.

Offerors shall use the attached Performance Questionnaire to send to their respective clients.

These forms should be sent directly from the client/reference to the contract specialist via email to Robert_Murphy@nps.gov prior to the closing of this solicitation. References may include previous customers, contracting officials, government personnel, and must include their contact information.

Offerors will be provided an opportunity to comment on adverse past performance if it has not already been afforded that opportunity by the Government agency providing adverse past performance information.

The Government may also include data obtained independently from other Government and commercial sources.

3) Price:

A price evaluation will be performed to determine the reasonableness of the proposed price. Reasonableness will be determined considering other offered prices received, comparison to the Independent Government Cost Estimate and any other means available to the Government. In addition, prices will also be evaluated to determine if they are realistic.

TECHNICAL PROPOSAL RATINGS

The Government will evaluate the technical factors and sub-factors (Maintain Display Pool/Fountain Plan, Staffing Plan, Safety Plan, Quality Control Plan) as Exceptional, Good, Acceptable, Marginal, or Unacceptable.

Technical Evaluation Rating Standards

Exceptional

An exceptional proposal contains significant strengths and no or almost no weaknesses. The proposal exceeds the performance and technical understanding requirement defined in the statement of work (SOW) in all or almost all areas. The proposal may contain value-added methodologies for improving service that benefit the Government. The evaluator has almost no doubt that the offeror can successfully achieve the requirements in the SOW if the technical approach proposed is followed. The offeror acknowledges risks and develops an approach that proactively identifies and mitigates risks, and looks to reduce or eliminate future risks.

Risk Level: Very Low

Risk Level: Low

Acceptable

An acceptable proposal contains strengths that outweigh any existing weaknesses. The offeror’s proposal meets the performance and technical capability requirements defined in the SOW. The evaluator is confident that the offeror can successfully achieve the requirements in the SOW if the technical approach proposed is followed.

Risk Level: Moderately Low

Marginal

Some important standards have not been met. Risk is evident, and there is a low probability of success. There are serious deficiencies in the quotes, but they are correctable. The evaluator is not confident that the offeror can successfully complete the required tasking without significant Government oversight or participation. The proposal either fails to address risks or the proposed risk mitigation approach is not deemed to be sufficient to manage the risk.

Risk Level: High

Unacceptable

An unacceptable proposal contains one or more significant weaknesses and deficiencies. The proposal fails to meet specified minimum performance and technical capability requirements defined in the SOW. The evaluator is confident that the offeror will be unable to successfully complete the required tasking. The proposal does not adequately acknowledge or address risk or mitigate risk, and may actually introduce risk.

Risk Level: Very High

PAST PERFORMANCE RATINGS:

Past Performance will be evaluated qualitatively and categorized as Exceptional, Acceptable, Marginal, Unacceptable, and Neutral. The following table defines these adjectives.

Past Performance Rating Standards

Exceptional

Essentially no doubt exists that the Offeror will successfully perform the required effort based on their performance record.

Risk Level: Very Low

Acceptable

Little doubt exists that the Offeror will successfully perform the required effort based on their performance record.

Risk Level: Low

Marginal

Significant doubt exists that the Offeror will successfully perform the required effort based on their performance record.

Risk Level: High

Unacceptable

It is extremely doubtful that the Offeror will successfully perform the required effort based on their performance record.

Risk Level: Very High

Risk Level: Unknown

If no relevant past performance record is identifiable upon which to base a meaningful performance rating, the contractor will be rated “Neutral”.

If the contracting officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in Subpart 19.6 and 15 U.S.C. 637 (b) (7).

EVALUATION OF PRICE

A price evaluation will be performed to determine the reasonableness of the proposed price contained in the contract price schedule. If multiple contract line items are included in the price schedule, prices will also be evaluated to determine whether any line items are unbalanced. The Government will also evaluate whether a proposed price is unrealistically low since this might indicate a lack of technical understanding on the offeror’s part or a performance risk associated with the proposal that the Government may not be willing to accept. Whether a proposed price is unrealistically low may be considered in the context of comparison to other price proposals received as well as to the Independent Government Estimate or to any other information deemed useful.

The Offeror’s price proposal will not be point scored or adjectivally rated, but will be evaluated in accordance with one or more of the techniques identified in FAR 15.404. The price proposal will also be used as an aid to determine the offeror’s understanding of the requirements of the solicitation, price reasonableness, and to assess the validity of the offeror’s approach to managing and performing the work.

Addendum to 52.212-1 Instructions to Offerors – Commercial Items

PLEASE REVIEW THESE INSTRUCTIONS ON SUBMITTING PROPOSALS CAREFULLY

Offeror shall be required to provide a written proposal. Written proposals shall be comprised of two volumes.

1. Volume I – Technical Proposal (1 electronic copy). The offeror’s technical proposal will be evaluated to determine technical acceptability in accordance with Paragraph B below.

2. Volume II – Price Proposal (1 electronic copy).

a. A signed copy (wet or digital certificate signature) of the solicitation/contract award document, SF 1449.

b. Complete schedule of services (price schedule), per the attached bid sheet.

c. Completed Representations and Certifications (SAM Print out is acceptable)

d. Completed provisions

e. Acknowledgement of all RFP amendments, if applicable

f. Limitations on Subcontracting – Offerors shall fill out and submit the U.S. Department of Interior Subcontracting Percentage Worksheet attached to the solicitation.

Document size of electronic documents cannot exceed 8 MB for successful delivery.

PROPOSAL ORGANIZATION

Part Title Page Limitation

Volume II Factor 6 Price Proposal No Limit

Proposals must be submitted electronically via e-mail to Robert_Murphy@nps.gov with a copy to Stacey_Rickard@nps.gov no later than 4:00 p.m. ET on May 14, 2018.

SOLICITATION ATTACHMENTS

ADDITIONAL CONTRACT CLAUSES:

52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

CLAUSES INCORPORATED BY FULL TEXT:

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 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.

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 Template)

Department of Interior Authorities and Delegations (MAY 2010)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(2) Waive or agree to modification of the delivery schedule;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR¿s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

DOI 1452.228-70 LIABILITY INSURANCE -- DEPARTMENT OF THE INTERIOR (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person $500,000 each occurrence $1,000,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

Minimum aggregate limitation of $1 million for any number of claims arising from any one incident as warranted by the Park.

All subcontractors shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$100,000 each person $500,000 each occurrence $1,000,000 property damage 52.217-5 Evaluation of Options Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). The Government will evaluate the total price for the base and all options.

52.217-8 Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

52.217-9 Option to Extend the Term of the Contract – Services (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (years) and 6 (months).

(End of Clause) 52.232-18 Availability of Funds

Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the base term’s end date. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base term’s end date, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.219-14 Limitations on Subcontracting.

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

_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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

_X__ (9) 52.209-7, 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] _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 (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)).

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

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

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

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

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

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

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

_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 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (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.

___ (41) (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.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (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__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (51) 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).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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).

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

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

_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).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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

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

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

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

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)