Amendment_0005-Gulfport_HABS.pdf

1630DC-18-R-00028

X

5. PROJECT NO.

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers X

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning ____1_____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. May, 1, 2019 at 2:00 PM Eastern Time

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 9

0005 3/19/2019 3055

ETA OCM JOB CORPS bramso

U.S. Department of Labor ETA/OCM/Division of Job Corps Procurement 200 Constitution Avenue, NW Room N-4643 Washington DC 20210

10/23/2018

N/A

Project Title: Historic American Building Survey, Stakeholder Interviews, and Lobby Exhibit Design at the Gulfport Job Corps Center Located in Gulfport, Mississippi

a. The purpose of this Amendment is as follows:

1) INCORPORATE the attached question and answer into the solicitation.

2) The solicitation in this amendment supersedes the one issued on October 23, 2018 in its entirety.

a) Attachment 1 – Revised solicitation of March 19, 2019.

3)

Other attachments:

a) Attachment 2 – Bid Template

Maria J. Pizarro, CPCM CFCM Branch Chief, Contracting Officer

Division of Job Corps Procurement/ A/E & Construction Eastern Branch

AMENDMENT 0005 PAGE 2 OF 9

QUESTIONS AND ANSWERS

HISTORIC AMERICAN BUILDING SURVEY, STAKEHOLDERS

INTERVIEWS, AND LOBBY EXHIBIT DESIGN

GULFPORT JOB CORPS CENTER

1. Many questions were raised about the question of “best value” vs. technical qualifications. Until we know more about the type of materials (and their condition) to be collected from the School Alumni group, it is difficult to determine a fee for professional services. Have you determined whether or not this RFP will be judged on the basis of best value?

Response: It will be based on using the Best Value Evaluation Method.

2. Will we be required to conserve artifacts such as clothing or photographs, or will they be exhibited as-is?

Response: The artifacts will be conserved and stored in a climate controlled storage unit by the Consultant for a period of 1 year. Reference the Scope of Work, Section I, Part A, and paragraph 8.

3. Will we be required to store and conserve the artifacts and exhibit materials in an insured warehouse? For what period of time?

Response: The artifacts will be conserved and stored in a climate controlled storage unit by the Consultant for a period of 1 year. Reference the Scope of Work, Section I, Part A, and paragraph 8.

4. When documenting the oral histories of the neighbors and alumni, is there a preference for: video interviews; digital recordings; transcripts; or notes? Will we include photographic portraits of the subjects?

Response: Interviews will be recorded (audio/video) and transcribed as required by the Scope of Work and Secretary of the Interior guidelines. Reference the Scope of Work, Section I, Part A, and paragraph 7.

5. Can you make available the existing measured drawings? Will there be any need to modify these before submitting to HABS, or will they be submitted as drawn?

Response: Measured drawings are available for download at http://www.

solicitationattachments.com/gulfporthabs/. The drawings will be submitted as drawn.

6. HABS requires a field notebook with specific requirements for documentation. How will we fulfill this requirement if we cannot gain access to all parts of the building?

Response: The field notebook can be compiled throughout the buildings without provision of access to all parts, in accordance with the Secretary of the Interior guidelines.

http://www/

AMENDMENT 0005 PAGE 3 OF 9

7. Will we have access to photograph and document the building on weekends?

Response: No.

8. Is there a power source for lighting at the interiors?

9. Can you clarify the number of large-format images required – is it 10-12 images for each of the three buildings, or 10-12images for the overall campus?

Response: Photos are anticipated to be 10-12 for all three buildings.

10. What is the current condition of the interior of the building, are there safety/health hazards?

11.

Response: Yes. Prior to conducting the building surveys the Consultant shall hire a certified Industrial Hygienist to develop a detailed Health & Safety Plan for safe entry and occupancy of the buildings. Hazards may include, but not be limited to, mold, mildew, micro-biological contaminants, asbestos and vermon. Plan shall include all sampling and testing.

12. Does the building currently have, or will it have, electricity at the time the interior HABS documentation would be conducted?

13. Can we be provided a copy of the final executed MOA?

Response: A copy of the final executed MOA is available for download at http://www.

solicitationattachments.com/gulfporthabs/.

14. Section I of the SOW says "An audio and/or video kiosk will be investigated to determine costs associated with including this in the exhibit." Does this mean we should propose a bid with media or without media? And if with, what level of media would we price?

Response: The requirement for the Consultant to design and/or specify an audio/video kiosk is identified in Scope of Work, Section I, Part A, and paragraph 13. At this time the level and type of media cannot be determined. The Consultant shall present a proposed solution for the audio/video kiosk as part of their Technical proposal based on their past project experience with projects of this nature and scope. The Consultants price proposal shall be based on the proposed solution.

15. How large is the building's lobby in square feet?

Response: Approximately 400 square feet.

AMENDMENT 0005 PAGE 4 OF 9

16. What percentage of the lobby area is expected to be set aside for exhibits?

Response: It is anticipated that exhibits will be wall mounted or contained in casework.

The percentage of the lobby area to be set aside for the exhibits has not been determined at this time. The Consultant shall present a proposed solution for the audio/video kiosk as part of their Technical proposal based on their past project experience with projects of this nature and scope. The Consultants price proposal shall be based on the proposed solution.

17. What is the lobby ceiling height?

Response: This element has not been designed, as yet. Coordination with the architect will occur once the schematic design is approved.

18. Section I of the SOW says "Further coordination with DOL's Gulfport Redevelopment project A/E team for special lighting, casework, and specific build-outs in the main lobby required to hold the exhibit materials will also be required prior to preparation of the final exhibit materials."

a. Is fabrication of the exhibit furniture intended to be performed by the general contractor, or the consultant?

Response: The Consultant shall design the main lobby exhibit. Upon acceptance of the design the Consultant shall coordinate with DOL's Gulfport Redevelopment project A/E team for the design of special lighting, casework, specific build-outs in the main lobby required to hold the exhibit materials. Fabrication of the exhibit furniture will be performed by the general contractor.

b. If the general contractor is doing the fabrication, is the consultant creating construction drawings for use by the general contractor and observing fabrication and installation?

Response: Fabrication and installation of the special signage, lighting, casework, and specific build-outs will be performed by the general contractor. The design will be performed by DOL’s Gulfport Redevelopment project A/E team. Fabrication and installation observation will be performed by the DOL A/E team. The Consultant shall assist DOL in the Substantial Completion inspection of the lobby exhibit.

c. Is lighting design for the exhibit to be performed by DOL A/E or the consultant?

Response: Lighting design shall be performed by DOL's Gulfport Redevelopment project A/E team.

19. Section I of the SOW reads "The consultant will finalize the exhibit graphics and produce the materials for installation in the main lobby..... , the consultant will install the materials." Is the consultant installing only graphics and artifacts?

AMENDMENT 0005 PAGE 5 OF 9

Response: The consultant shall coordinate the design of all graphics required for the exhibit with DOL's Gulfport Redevelopment project A/E team. Installation of the exhibit graphics shall be performed by the Contractor. Installation of all exhibit materials shall be performed by the Consultant.

20. Section III, A of the SOW reads "Work for this project requires professional engineering services for the work summarized as follows to..." but that work is not identified. If this is not an error in the document, for what type of work are professional engineering services required? Will the consultant's drawings have to be stamped by an engineer registered in the state of Mississippi?

Response: Delete the sentence which reads “Work for this project requires professional engineering services for the work summarized as follows to”

21. Why are background checks, fingerprinting, and other security measures required for what appears to be a fairly routine, low security risk project?

Response: The standard language in the solicitation is put into solicitations and since project is a low security risk, background checks won’t be required. Other security measures will be done as required by the Gulfport Job Corps Center when getting access to the campus.

22. What is the condition of the three structures, in particular are they safe to enter?

Response: Yes. Prior to conducting the building surveys the Consultant shall hire a certified Industrial Hygienist to develop a detailed Health & Safety Plan for safe entry and occupancy of the buildings. Hazards may include, but not be limited to, mold, mildew, micro-biological contaminants, asbestos and vermon. Plan shall include all sampling and testing.

23. How many sheets of existing drawings are available and proposed for inclusion in the final HABS documentation?

Response: 10 sheets consisting of plans and elevations for all three existing buildings are available. Drawings are available for download at http://www.

solicitationattachments.com/gulfporthabs/

24. Are the measured drawings that DOL has in their possession “as built” or existing/current drawings?

Response: Measured drawings are “as built.”

25. Do the measured drawings include site plans, floor plans, elevations, sections, and construction details for each of the 3 buildings? If not, what do they include?

AMENDMENT 0005 PAGE 6 OF 9

Response: Measured drawings include floor plans and elevations only. No site plans, sections or construction details are included.

26. Are they digitized? If not, can they be digitized (or at least photographed for HABS photography)?

27. Do we have original drawings from the architect?

28. Is the 33rd Ave. School included in any written contexts (for example: Equalization Schools in MS, Education in MS, etc.)?

Response: Consultant will need to research as part of its work.

29. Will we be able to obtain a copy of the original MSDAH letter that states these buildings are NRHP eligible?

Response: A copy of the letter will be provided to the selected consultant.

30. Can we get digitized copy of proposed plans for new buildings (individual buildings and general site plans)?

Response: Plans for the new building are currently in Schematic design phase preparation only and have not been reviewed and accepted by DOL at this time. As these plans are developed, specific plans which affect the consultant’s work will be provided.

31. Will oral history interviews be extended to include the time period when Job Corps students and teachers used the buildings?

32. Will the 33rd Avenue School alumni association be available to provide names and contact points for specific interviews they would like to see conducted?

Response: The names for the baseline interviews will be provided by DOL; however, the 33rd Avenue School alumni association may have other contacts for whom interviews may be required.

33. Will the DOL be interested in videotaping some of the oral history interviews, particularly in light of the fact that some of these interviews will likely be used in the public exhibit?

AMENDMENT 0005 PAGE 7 OF 9

Response: Yes. The requirement for videotaping some of the interviews is specified in the Scope of Work. Section I, Part A, paragraph 7.

34. What is the estimated size and configuration of the exhibit space?

Response: The lobby space will be approximately 400 s.q. feet. The size of the exhibits space cannot been determined until such time as the exhibit materials have been identified and selected. The Consultant shall present a proposed solution for the exhibit as part of their Technical proposal based on their past project experience with projects of

35. Are all graphics and artifacts for the exhibit are expected to come from the Gulfport Historical society and our documentation?

Response: No. It is anticipated that some memorabilia will be supplied by the 33rd Avenue High School alumni.

36. What is the purpose of the audio/video kiosk?

Response: The purpose of the kiosk is to provide an interactive summary of the historical significance of the site.

37. Just to clarify, should our project costs include the planning, design, construction, and installation of the exhibit?

Response: Cost should include the planning and design of the lobby exhibit, production of audio/video for video kiosk, and installation of graphics, signage and exhibit materials.

The Consultant shall coordinate with the DOL's Gulfport Redevelopment project A/E team for the design of special lighting, casework, specific build-outs in the main lobby required to display the exhibit materials.

38. What is the estimated size of the area for the exhibits? Since the building has not been designed yet, we need some notion of size in order to estimate costs.

Response: The lobby space will be approximately 400 s.q. feet. The size of the exhibits space cannot been determined until such time as the exhibit materials have been identified and selected. The Consultant shall present a proposed solution for the exhibit as part of their Technical proposal based on their past project experience with projects of

39. Should we assume that participation as a service provider responding to this solicitation for design services will result in ineligibility of our firm to subsequently bid on and serve as fabricator and installer of the exhibition materials themselves?

AMENDMENT 0005 PAGE 8 OF 9

Response: No. Complete services are required for the exhibits as defined by the Scope of Work.

40. Will this exhibition focus primarily on issues of national significance that are important to our understanding of history; supplemented by local testimony? Or will it focus on the Gulfport experience prominently as viewed against a backdrop of nationally significant educational and societal developments?

Response: The buildings were designated as eligible for the National Register of Historic Places for social significance at the State level, and architectural significance at the local level. The exhibit will need to be based on treatment of the social significance aspect of the State Equalization Program of the 1950’s.

41. On the subjective scale from Static (zero) to Interactive (5) where does DOL envision this installation engaging the audience?

Response: Zero

42. What role, if any, will this exhibition space and exhibits play in enhancing the stated federal goal to have this Gulfport JCC serve as a model for similar installations across the nation and promote its innovative educational response to perceived needs in minority communities?

Response: The buildings were designated as eligible for the National Register of Historic Places for social significance at the State level, and architectural significance at the local level. The exhibit will need to be based on treatment of the social significance aspect of the State Equalization Program of the 1950’s.

43. How large an audience will the proposed exhibition space serve? Drawn from what constituencies? With what frequency?

Response: With the approximately 400 square foot lobby space, it is anticipated that small groups will be utilizing the lobby to view the exhibit.

44. Who will comprise the audience: students and faculty? Outside public?

45. Response: This has yet to be determined fully, however specific public groups may request viewings at arranged times. The students and staff will naturally have access to the lobby during their daily routines.

46. Is public access desirable?

Response: The exhibit will need to be designed to accommodate public viewings.

AMENDMENT 0005 PAGE 9 OF 9

47. HABS II Documentation produced to 500 year archival standards are to be bound with separate drawing materials. How many sets of this type document including original materials will be required?

Response: The requirements stipulated by the Secretary of the Interior will govern the HABS submittal to the National Park Service.

48. Replication of HABS II Documentation can be reproduced at significantly reduced costs for complementary distribution to stakeholders who do not require 500 year archival quality. If any, how many sets of this type document will be required?

Response: The requirements stipulated by the Secretary of the Interior will govern the HABS submittal to the National Park Service.

49. Will the HABS Level II documentation be submitted to the Library of Congress?

50. Will a separate HABS data form be required for each of the Center buildings (Main Building 1, Gymnasium Building 2 and Cafeteria Building 5) or will only one form be required for the project?

Project Title: Historic American Building Survey, Stakeholder Interviews, and Lobby Exhibit Design at the Gulfport Job Corps Center

0001 The work includes preparing the Level II Historic American Building

Survey (HABS), conduct interviews and prepare the main lobby historic exhibit as required by the Memorandum of Agreement signed by the Department of Labor for the Gulfport Redevelopment Project at the Gulfport Job Corps Center. (See the scope of work for more details on Page A-13)

THIS IS A TWO-STEP BIDDING PROCESS. THIS IS THE FIRST STEP FOR TECHNCIAL PROPOSALS ONLY.

All questions shall be submitted to ramso.bryan@dol.gov by 2:00 pm Eastern Time on March 27, 2018.

Technical Proposals are due at 2:00 pm Eastern Time on May 1, 2019 via email at ramso.bryan@dol.gov.

Maria J. Pizarro, CPCM, CFCM, Contracting Officer

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN x 29. AWARD OF CONTRACT: REF. ____ PROPOSAL______________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 19

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1630DC-18-R-00028 R1 October 23, 2018 Revised March 19, 2019

Bryan Ramso ramso.bryan@dol.gov (202) 693-3618 2:00 PM EST

X 100 U.S. Department of Labor, ETA/OCM X Division of Job Corps Procurement 200 Constitution Avenue, NW Room N-4643 Washington DC 20210 $20.5M

541720

ETA

Gulfport Job Corps Center

3300 20TH Street Gulfport, MS 39501

ETA

U.S. Department of Labor Office of the Chief Financial Officer 200 Constitution Avenue, NW Room N-4655 Washington DC 20210

SUBTOTAL

X X mailto:ramso.bryan@dol.gov

1630DC-18-R-00028 R1 Revised March 19, 2019

A-2

Table of Contents

SECTION A ...................................................................................................................................................... A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ...................... A-1

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS ......................................... A-2

A.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2014) ........................ A-3

A.3 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE ......................................... A-9

A.4 CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A

REQUEST TO CHANGE THE CONTRACT SCOPE (MARCH 2012) ....................................... A-9 A.5 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS .............. A-10 A.6 WORK TO BE PERFORMED…………. ..................................................................................... A-12 A.7 TWO STEP BIDDING PROCESS…………. ............................................................................... A-12 A.8 EVALUATION CRITERIA…………. ......................................................................................... A-12 SCOPE OF WORK…………. ...................................................................................................... A-13

A-3

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

A.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

3805 note)).

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

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

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

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].

__ (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).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926

A-4

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

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

657 f).

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

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

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

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

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

13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

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

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

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

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

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

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

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__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

2307(f)).

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

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

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

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

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

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

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__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

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

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

(Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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