1605C3-20-R-00001.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

OPS

S4307 200 Constitution Ave, NW Office of Procurment Services US Department of Labor

SHIP CODE 16. ADMINISTERED BYCODE

X

X

485111

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/06/2020

202-693-4576Jeremy Keator (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/14/2020 1200 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C3-20-R-00001

5. SOLICITATION NUMBER

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

1 29 1605-HRC-20-NAT-0061OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210-0001

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20210

200 CONSTITUTION AVE NW

U.S. Department of Labor Human Resources Center

15. DELIVER TO

Washington DC 20210-0001 S-4307 200 Constitution Ave, NW Office of Procurement Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Request for Proposal (RFP) is for transit media services for the Department of Labor (DOL) Office of the Assistant Secretary of Administration and Management (OASAM) Human Resources Center (HRC) in accordance with the attached Statement of Work (SOW).

The Government intends to award a firm fixed price contract with economic price adjustment.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Arnold P. Casterline

. 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.

The period of performance shall be for a base period of performance for 12 months, from

September 30, 2020 - August 31, 2021, and four

(4) 12 month option periods.

Please submit clarifying questions regarding this

RFP via electronic mail by 12:00pm EST, August

11, 2020, to Jeremy B. Keator at

Keator.Jeremy.B@dol.gov.

Please submit responses via electronic mail by

12:00pm EST, August 14, 2020, to Jeremy B. Keator at Keator.Jeremy.B@dol.gov.

Transit Media Services - Base Year - POP:

09/30/2020 thru 08/31/2021

Product/Service Code: 9999

Transit Media Services - Option Year One - POP:

09/30/2021 thru 08/31/2022

(Option Line Item)

(Anticipated Option Exercise Date) 0 Days After

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 29

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C3-20-R-00001

Award

Product/Service Code: 9999

Transit Media Services - Option Year Two - POP:

09/30/2022 thru 08/31/2023 (Option Line Item)

(Anticipated Option Exercise Date) 0 Days After Award

Product/Service Code: 9999

Transit Media Services - Option Year Three - POP:

09/30/2023 thru 08/31/2024 (Option Line Item)

(Anticipated Option Exercise Date) 0 Days After Award

Product/Service Code: 9999

Transit Media Services - Option Year Three - POP:

09/30/2024 thru 08/31/2025 (Option Line Item)

(Anticipated Option Exercise Date) 0 Days After Award

Product/Service Code: 9999

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

1605C3-20-R-00001

SECTION C – STATEMENT OF WORK

Statement of Work (SOW) Department of Labor

Office of the Assistant Secretary of Administration and Management Human Resources Center Transit Media Services

PART I

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

The Office of Human Resources (OHR) has responsibility for managing the DOL National Office Transit Subsidy Benefit Program to encourage employees to use public and private commuter transportation services in the Washington DC metropolitan area.

The Transit Subsidy Program was initiated on January 1, 1994, when the Federal Employees Clean Air Incentives Act was created. At that time, the maximum benefit was $60 a person with future changes based on the Consumer Price Index. As of January 2020, the maximum benefit is now $270 per person. Department of Labor (DOL)-wide policy currently provides the maximum benefit of $270 per month to DOL employees who qualify to utilize mass transit for their commute to work.

In May 1999, the Washington Metropolitan Area Transit Authority (WMATA) introduced SmarTrip®, a system by which a Metrorail ride could use a reusable plastic card instead of a paper ticket which is no longer offered. Rider’s cards are automatically loaded by the dollar amount applicable for that rider between the 1st and the 5th of each month. Because each card is registered with WMATA and is assigned to an individual rider, riders who lose their card must first purchase a new SmarTrip card from WMATA or other local vendors and then are able to have the card’s value transferred to the new card. SmarTrip® cards are now accepted on Metro buses and are required to exit Metro parking lots. Currently, SmarTrip® cards are also accepted by the following area transit providers: DASH, Ride On, Fairfax Connector, ART, CUE, Loudon County Transit, Omniride, TheBus, DC Circulator, Maryland Transit Administration Local Bus, registered vanpools and CommuterDirect for VRE and MARC rail systems. In conjunction with the SmarTrip® card, the metro unveiled a SmartBenefits® program where a business or government agency could purchase fares from Metro and deposit them directly to a rider’s account. Each employee’s monthly allowance is automatically loaded to their card between the 1st and the 5th of each month. At the end of the month, all employer-provided funds that are unused on employee cards are automatically returned to the employer (DOL).

1.1 OBJECTIVES

To utilize WMATA’s SmartBenefits® program in the monthly distribution of transit subsidy benefits to employees of the Department of Labor National Office and the Mine Safety Health Administration (MSHA), excluding the Bureau of Labor Statistics who has and manages their own contract with WMATA.

1.2 PERIOD OF PERFORMANCE: The period of performance is for one 12-month base period with four 12-month option periods as follows:

BASE PERIOD:

OPTION YEAR ONE:

OPTION YEAR TWO:

OPTION YEAR THREE:

OPTION YEAR FOUR:

September 1, 2020 – August 31, 2021 September 1, 2021 – August 31, 2022 September 1, 2022 – August 31, 2023 September 1, 2023 – August 31, 2024 September 1, 2024 – August 31, 2025

1.3 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he/she assures that work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the contractor’s proposal. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.3.1 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.3.2 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.3.3 HOURS OF OPERATION: The contractor is responsible for conducting business between the hours of 8:00 am to 5:00 pm, Monday through Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm-fixed-price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.3.4 PLACE OF PERFORMANCE: The work to be performed under this contract can be performed off-site at the contractor’s primary location.

1.3.5 TYPE OF CONTRACT: The government anticipates the award of a firm-fixed-price contract with economic price adjustment.

1.3.6 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy requirements as described below:

1.3.6.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree to and sign the DOL Rules of Behavior for Computer Use and a Non-disclosure Agreement. A copy of each signed and witnessed Non-Disclosure agreement shall be submitted to the COTR prior to the employee performing any work under any task order.

1.3.6.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.3.6.3 Background Investigations

DOL’s Office of Human Resources environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.

Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):

1.3.6.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD- 12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.3.6.3.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.3.6.4 Privacy

Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this contract are required to take proper precautions to protect the information from disclosure.

1.3.6.5 Ownership

All products and deliverables developed under this SOW are the property of the U.S.

Government and DOL.

1.3.6.6 Commitment to Protect Sensitive Information

The services to be performed under this SOW require the exchange of personal data between the DOL and the WMATA. The WMATA, by acceptance of and performance on this contract, certifies that it has a security policy in place which contains procedures to promptly notify the DOL of the name(s) of any participant whose personal information was, or is, reasonably believed to have been lost or acquired by an unauthorized person.

In performing work under this contract, the Contractor agrees that access to participant SmarTrip® card numbers or other personally identifiable information will be limited to authorized persons.

• “Personally identifiable information” is information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc.

alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc.

• For the purpose of this contract, “authorized persons” are defined as DOL personnel and contractor employees who have a need to know the information to carry out the work conducted under the contract.

The contractor agrees not to divulge, publish, reproduce, or otherwise disclose, in any manner or to any extent, participant SmarTrip® card numbers or other personally identifiable information, in whole or in part, to any individual other than authorized persons and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records).

The contractor agrees to notify the Program Manager and COR immediately upon discovering any breach or suspected breach of security, or any disclosure of the participant SmarTrip® card numbers or other personally identifiable information.

The contractor agrees to notify the Program Manager and COR immediately upon receipt of any legal, investigatory, or other demand for access to the participant SmarTrip® card numbers or other personally identifiable information in any form.

1.3.6.7 Required Security Training

All DOL employees and contractors must receive security awareness training prior to being given access to DOL systems and periodically thereafter as required by DOL security policies

1.3.7 SPECIAL QUALIFICATIONS: The contractor is responsible for ensuring all employees meet the qualifications and skills necessary during the execution of this contract.

1.3.8 CONTRACTING OFFICER REPRESENTATIVE: The (COR) will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies;

coordinate availability of government-furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.3.10 KEY PERSONNEL: There is no key personnel for this requirement.

1.3.11.1.5 Employee Conduct. Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.

1.3.11.1.6 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from the U.S.

Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

1.3.11.1.7 Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

1.3.12 CONTRACTOR TRAVEL:

Travel is not anticipated for this contract. If travel is deemed necessary by the CO/COR, any such approved travel and per diem shall be reimbursed in accordance with the Federal Travel Regulations and FAR 31.205-46.

1.3.11 PHASE IN/PHASE OUT PERIOD: Not Applicable

PART 2

DEFINITIONS & ACRONYMS

CO Contracting Officer

COR Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as a liaison to the contractor

Defective Service A service output that does not meet the standard of performance associated with it in the Statement of Work.

DOL Department of Labor

FAR Federal Acquisition Regulation

IT Information Technology

OASAM Office of the Assistant Secretary for Administration and Management

OHR Office of Human Resources

OMB Office of Management and Budget

PIV Personal Identity Verification

POP Period of Performance

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.

Quality Assurance Those actions taken by the government to assure services meet the requirements of the Statement of Work.

SOW Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

There will be no on-site contractor staff performing under this SOW.

Facilities, Supplies and Services Not Applicable.

Information Sources Knowledgeable DOL personnel will be made available to assist Contractor personnel in obtaining information pertinent to this SOW. The contractor will be provided all necessary documentation pertaining to the performance of the specified tasks.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

The contractor will furnish assigned work as it relates to the SOW.

PART 5

SPECIFIC TASKS

The WMATA shall enroll the DOL for participation in the SmartBenefits® program, which is a web-based program that will allow the DOL to assign the dollar value of participants’ monthly benefits for commuting to and from their worksite directly to the participants’ SmarTrip® cards.

Commuting benefits may include transit for Metrorail, Metrobus, regional commuter bus, vanpools, and CommuterDirect for VRE and MARC rail systems as applicable.

The DOL will access the SmartBenefits® program via the internet and will enter the amount of transit benefit approved for each participant no later than the fifteenth calendar day of each month. The WMATA shall make the DOL-designated amounts of transit benefits available for each participant between the 1st and 5th day of each month that the benefits are effective. The DOL will pay the WMATA on a monthly basis for the actual amount of transit benefits it allocated for its participants for the given month. Credits will be applied for those funds left over from previous months (i.e., transit subsidy funds that were not used in full by employees receiving the benefit). There is no cost to the DOL for participation in the SmartBenefits® program.

The DOL will manage its transit subsidy program, to include determining which of its employees are eligible for commuting benefits and ensuring that the DOL is administering the program in accordance with Internal Revenue Service (IRS) regulations (Qualified Transportation Fringe Benefits Law, Title 26, USC section 132(f)).

The DOL will provide the following information to the WMATA through the web-based SmartBenefits® program so that transit fare will be added to participants’ SmarTrip® cards:

a. Full name of each participant

b. Each participant’s SmarTrip® card number

c. Amount of transit benefit approved for each participant (benefit category type)

d. The start date for each participant’s benefits

The DOL agrees that the value added to the SmarTrip® cards through SmartBenefits® may only be used by qualified employees who receive the benefit from their employer. Use by any other person invalidates the value added to the SmarTrip®, is illegal, and subjects the person to arrest and/or prosecution.

There shall be no minimum purchase imposed on the DOL for participation in the SmartBenefits® program.

The WMATA shall provide training on the SmartBenefits® system when applicable when enhancements and/or any other changes are made to the system either via web-based training or in-person training at the DOL or at the WMATA. The purpose of the training will be to educate the administrators of the program on enhancements, and/or changes made to the SmartBenefits® system by the WMATA.

The WMATA shall provide for those DOL employees using the smart benefits system the initial registration as requested by the national office transit subsidy coordinator and DOL will enroll the participant in the SmartBenefits® system.

Each participant’s SmarTrip card must be enrolled with WMATA under the SmartBenefit® system database and each participant will be assigned a SmarTrip account number. Once each participant has been assigned to a specific card number and account, the DOL will add the dollar value to each individual’s account according to their eligible monthly subsidy. This monthly subsidy will be available between the 1st and 5th day of each month to all employees enrolled in the program.

All postage and fees related to submitting information including forms, reports, etc. to DOL shall be paid by the contractor. All information and or deliveries submitted to DOL shall clearly indicate the contract number and any other relevant identification information when necessary.

REPORTING REQUIREMENTS

The contractor shall provide the Program Manager with Monthly Progress Reports as applicable.

The monthly progress reports are due the 5th of each month and shall cover all work completed during the reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved if applicable. If problems have not been completely resolved, the Contractor shall provide an explanation. The Contractor shall notify the Program Manager and COR in writing immediately if problems arise adversely impacting the performance of the SOW.

TERM OF CONTRACT

This contract shall be in effect for one 12-month base period with four 12-month option periods.

STOP WORK ORDER. (AUG. 1989) FAR 52.242-15

The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by this contract. The order shall be specifically identified as a stop-work issued under this clause. Upon receipt of the order, the Contractor must immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to work covered by the order during the period of the work stoppage. Within a period of 30 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either

Cancel the stop-work order; or

Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price or both, and the contract shall be modified, in writing, accordingly, if –

The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and;

The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract;

If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement;

If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

QUICK REACTION CAPABILITY

The Contractor shall provide quick reaction to modifications of, additions of, and/or deletions of, tasks resulting from requirements placed upon it by the Government. Work shall begin upon the effective date of the contract.

CONTRACTING OFFICER REPRESENTATIVE

The Contracting Officer Representative will be authorized to review and recommend approval of:

(1) Technical matters not involving a change in the scope, price, terms or conditions of this contract.

(2) Progress reports.

(3) Inspection and acceptance of supplies/services.

(4) Invoices

The COR is not authorized to direct any action that results in a change in the scope, price, terms or conditions of this contract.

POINTS OF CONTACT

Program Manager Traci Orange 200 Constitution Avenue, NW Room S3314 Washington, DC 20210

(202) 693-6876 Orange.traci@dol.gov

Contracting Officer Representative (COR) Donna Childs-Speight OASAM - U.S. Department of Labor 200 Constitution Avenue, NW Room C5517 Washington, DC 20210

(202) 693-7762 childs-speight.donna@dol.gov mailto:Orange.traci@dol.gov mailto:childs-speight.donna@dol.gov

TECHNICAL EXHIBIT

DELIVERABLE SCHEDULE

Deliverable Frequency Medium/Format Submit To

Deliverable Due Dates -

ESTIMATED

Assure monthly transit benefit amount is available

Monthly Electronic File Program Manager

End of each previous month to which the benefit amount is to be added

Provide a monthly printout of the value added to each employee's smart benefits accounts

Monthly Electronic File Program Manager

Beginning of each Month

Provide a monthly printout of the value deducted from each employee's smart benefits account

Monthly Electronic File Program Manager

End of each Month

Provide initial registration as requested by the national office transit subsidy coordinator

As needed Smart Benefits Program

Program Manager

Within two days of registration

On a monthly basis electronically increase individual smart trip card by the dollar amounts provided by the DOL national office transit subsidy benefit coordinator or designee.

Monthly SmarTrip Card Program Manager

Monthly based on the cardholders eligible allotment

On a monthly basis electronically deduct unused provided funds on individual employees cards and return the unused amount to

Monthly SmarTrip Card Program Manager

Monthly based on unused funds

Deliverable Frequency Medium/Format Submit To

Deliverable Due Dates -

ESTIMATED

the employer

(DOL)

SECTION D – PACKAGING AND MARKING

INTENTIONALLY LEFT BLANK

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance by the Government

Inspection will be completed at the point of origin.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 – Delivery Schedule

CLIN 0001 – Transit Media Services - Base Year - POP: September 1, 2020 - August 31, 2021 o Delivery: September 1, 2020

CLIN 0002 – Transit Media Services - Option Year One - POP: September 1, 2021 - August 31, 2022 o Delivery: September 1, 2021

CLIN 0003 – Transit Media Services - Option Year Two - POP: September 1, 2022 - August 31, 2023 o Delivery: September 1, 2022

CLIN 0004 – Transit Media Services - Option Year Three - POP: September 1, 2023 - August 31, 2024 o Delivery: September 1, 2023

CLIN 0005 – Transit Media Services - Option Year Four - POP: September 1, 2024 - August 31, 2025 o Delivery: September 1, 2025

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 – Contracting Officer’s Representative

(a) The following individual is hereby designated to act as the Contracting Officer's Representative (COR) under this contract:

Donna Childs-Speight Phone: (202) 693-7762 Email: Childs-Speight.Donna@dol.gov

(b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

A COR is not authorized to direct any action that results in a change in the scope, price, terms or conditions of this contract.

G.2 – SUBMISSION OF INVOICES (AUGUST 2019)

A. Applicability

Contracting Officers shall insert this clause in all solicitations and awards. For existing awards, the Contracting Officer will determine whether the contract action should be modified to incorporate the clause.

B. Definitions

None

C. Requirements

1. Electronic Invoice Submittal

Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury's Invoice Processing Platform (IPP) or through the Department of Labor (DOL) Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge. Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at, https:www.ipp.gov

a. The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:

IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

(i) DO NOT submit an invoice or attachment that uses shading or color.

A) An emailed Portable Document Format (PDF) image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

B) An emailed Tagged Image File Format (TIFF) image must be black and white.

(ii) Quickpay users SHALL: provide a copy of the invoice and any attachments via email to the Contracting Officer's Representative (COR, at the address specified in the contract.

(iii) Quickpay users SHALL NOT: submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.

(iv) DO NOT submit more than one invoice at a time.

(v) DO NOT attempt to use the "Recall or Resend" email message feature.

b. Electronic invoices shall be in PDF or TIFF format.

II. Paper Invoices shall be submitted via fax or U.S. mail Paper invoices may be sent vial fax to:

(202) 693-2862. Mail paper invoices to:

U.S. Department of Labor Office of Financial Management Operations Division of Client Accounting Services Room S-5526 200 Constitution Avenue, N.W. Washington, DC 20210

III. General Information

Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to OCFOinvoiceinquiries@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state "INQUIRY", as shown in the following example:

INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount

The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions

All questions regarding Electronic Invoicing shall be sent to the DOL Office of the Chief Financial Officer (OCFO) at OCFOinvoiceinquiries@dol.gov.

(End of clause)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

INTENTIONALLY LEFT BLANK

mailto:OCFOinvoiceinquiries@dol.gov mailto:OCFOinvoiceinquiries@dol.gov

I.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 Clauses Incorporated By Reference" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.202-1 Definitions (NOV 2013) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (JUN 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.216-2 Economic Price Adjustment – Standard Supplies (JAN 1997) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.244-6 Subcontracts for Commercial Items (AUG 2019) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 2020)

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:

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)).

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).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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)).

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

[X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

SECTION I – CONTRACT CLAUSES

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

(5) (Reserved)

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

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

[X ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a). [ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4. [ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). [ ] (ii) Alternate I

(MAR 2020).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). [ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (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 (JUN 2020) (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 (JUN 2020) of 52.219-9. [ ] (v) Alternate IV (JUN 2020) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C.

657f).

[X ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)). [ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [ ] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

[X ] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X ] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X ] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[X ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

[ ] (35)(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 ] (36) 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.)

[ ] (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 Televisions (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 (JUN 2020) (E.O.

13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (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 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (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) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.

3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (63)(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. [ ] (iii) Alternate II (FEB 2006) of 52.247-64.

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

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (3) 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).

[ ] (4) 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).

[ ] (5) 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).

[ ] (6) 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).

[ ] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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.

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.

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) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).