2022 Steel Plates RFP.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP 15F06722R0000065

BALLISTIC PROTECTIVE ARMOR

Rifle Resistant Steel and Spall Protection

February 11, 2022

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - DEFINITIONS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 - DESCRIPTION OF SUPPLIES

B.2 - TYPE OF CONTRACT

B.3 - CONTRACT AND ORDER LIMITATIONS

B.4 - PRICING / FIVE (5) YEAR ESTIMATED CONTRACT TOTAL

SECTION C - STATEMENT OF WORK

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - ARMOR SPECIFICATIONS

C.5 - SIZING AND FIT

C.6 - QUALITY CONTROL PLAN

C.7 - AUTHORIZED BUYERS

C.8 - REPORTS

C.9 - SECURITY AND ACCESS CONTROL

C.10 - MEDIA STATEMENTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - NOTICE TO THE GOVERNMNENT OF DELAYS

F.4 - PLACE OF DELIVERY

F.5 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.2 - ORDERING

G.3 - INVOICE REQUIREMENTS

G.4 - SMALL BUSINESS ACCELERATED PAYMENT

G.5 - PAYMENT

G.6 - WITHHOLDING OF CONTRACT PAYMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - DISCLOSURE OF DATA UNDER FOIA

H.2 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.4 - CONTRACTOR SUITABILITY REQUIREMENT

H.5 - DOJ RESIDENCY REQUIREMENT

H.6 - DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ORDERING

I.5 - ORDER LIMITATIONS

I.6 - INDEFINITE QUANTITY

I.7 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.8 - CONTINUING CONTRACT PERFORMANCE DURINGA PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING MATRIX

ATTACHMENT #2 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3 - MANUFACTURER CHECKLIST

ATTACHMENT #4 - MANUFACTURER TEST DATA SHEETS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

K.4 - PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS - REPRESENTATION

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 - TYPE OF CONTRACT

L.3 - SERVICE OF PROTEST

L.4 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE

L.5 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.6 - PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL PROPOSAL

L.7 - PROPOSAL PREPARATION INSTRUCTIONS: PRICE PROPOSAL

L.8 - PROPOSAL PREPARATION INSTRUCTIONS: PAST PERFORMANCE

L.9 - PROPOSAL PREPARATION INSTRUCTIONS: BALLISTIC RESISTANT HARD

ARMOR SAMPLES

L.10 - INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION - COMMERICAIL ITEMS

M.2 - EVALUATION OF OPTIONS

M.3 - EVALUATION CRITERIA

PART I – THE SCHEDULE

SECTION A – DEFINITIONS

The following terms are applicable throughout this solicitation1:

armor system – an item of ballistic protective equipment that may be comprised of a ballistic panel, stand-alone hard armor plate, or a hard armor plate used in conjunction with a ballistic panel and/or insert ballistic panel – a type of soft armor panel intended to provide ballistic resistance carrier – a garment intended to retain the armor panel(s) or plate(s) and provide a means of supporting and securing the armor to the wearer fair hit – a test threat impact (on a test item) that meets all specified requirements in a particular test hard armor - an item of personal protective equipment that is constructed of rigid materials and is intended to protect the wearer from ballistic threats; synonymous with hard armor plate and plate in conjunction with armor - hard armor that is designed to provide a specific level of ballistic protection only when layered with a soft armor panel insert - a removable piece of protective material intended to be used with the armor system to enhance protection obliquity - the angle between the test threat line of aim and the line normal to a reference plane based on features of the test item at the point of aim over velocity - velocity that is greater than the upper limit of a specified range partial penetration - any result of a test threat impact that is not a complete penetration;

synonymous with stop perforation – the result of a test threat impact if one or more of the following conditions are met:

(1) a hole is created through the test item and IIIA backer by the test threat.

(2) the test threat is visible from the wear face of the IIIA backer.

(3) any portion of a test threat, or a fragment of a test threat touches, is embedded in, passes into, or passes through the ballistic gelatin.

(4) any portion or fragment of the sample hard armor passes through the IIIA backer and into the ballistic gelatin.

shot-to-edge distance - the distance from the center of the projectile impact to the nearest

1 For clarity and consistency, an attempt was made to make definitions consistent with the National Institute of Justice’s definitions as outlined in NIJ Standard 0101.07 (Ballistic Resistance of Body Armor) (draft).

test item edge (i.e., the outermost perimeter of the test item) shot-to-shot distance - the distance from the center of the projectile impact to the center of any other projectile impact on the test item spall – fragmentation caused by the impact of the threat projectile with the hard armor.

Spall may include fragments of the projectile and/or fragments of the protective armor.

Stand-alone – protective hard armor designed to meet the ballistic resistance requirements without the need of a soft armor backer.

stop - See partial penetration strike face – the surface of an armor panel or plate intended to face the incoming threat test item – a single article intended for testing under velocity - velocity that is less than the lower limit of a specified range unfair hit - a test threat impact that does not meet the specified requirements in a particular test. (e.g., impact location or velocity) wear face – the surface of an armor panel or plate that is intended to be placed against or proximal to the wearer’s body

[End of Section]

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations, the Contractor shall provide Ballistic Protective Armor, Rifle Resistant Steel and a mechanism for protection from spall.

The Rifle Resistant Steel shall be available in torso and side plate patterns in various common sizes (see Section C.1 for General Description of the size requirements). The mechanism for spall protection may include a spall bag or a coating surrounding the steel plate designed to contain fragments from threat projectiles.

B.2 TYPE OF CONTRACT

The contract will be structured as a single award, Fixed Price, Indefinite-Delivery Indefinite- Quantity (IDIQ), type contract for one (1) base year and four (4) possible one-year option periods; and is being solicited as a total small business set aside. The FBI anticipates making one (1) IDIQ contract award to the highest technically rated Offeror with a fair and reasonable price.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantities designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $1,000.00 over the life of the contract established.

The Government shall not be required to purchase from the Contractor any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program.

The Government’s intent is to establish a single award IDIQ under this solicitation, however, reserves the right to make multiple awards. Maximum threshold for an established IDIQ shall be $7M USD.

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, Attachment 1 of the solicitation package.

SECTION C - STATEMENT OF WORK

C.1 GENERAL DESCRIPTION

As a law enforcement organization, the FBI is the Federal Government’s principal agency responsible for investigating violations of more than 260 Federal statutes. In pursuit of their duties, FBI personnel may be involved in high threat assignments where they face violent confrontations. The protection afforded FBI Special Agents and other designated personnel by Ballistic Protective Armor, Rifle Resistant Steel may be paramount to one’s survival in the performance of law enforcement duties.

In direct support of training and operational activities the FBI has a need to acquire Ballistic Protective Armor, Rifle Resistant Steel. The FBI requires Rifle Resistant Steel torso and side plates. The FBI also requires a level of protection from spall, which may be accomplished with a protective coating or a spall bag.

The FBI is seeking Rifle Resistant Steel, which is certified by the Department of Justice’s, National Institute of Justice (NIJ) to meet or exceed the ballistic resistant requirements of NIJ

0101.06 at or above Level III. Beyond the ballistic resistant requirements of the NIJ, the FBI requires that Rifle Resistant Steel stop ballistic threats including M80, M855, M193, 7.62 x 39 Mild Steel Core (MSC) and Federal 64 gr. Tactical Bonded at the velocities specified under C.4.1 of the statement of work.

C.2 SCOPE

C.2.1 Contractor shall provide Rifle Resistant Steel in sizes consistent with the requirements outlined in Section C.4.2. The Rifle Resistant Steel shall be compatible with current-issue carriers utilized by the FBI. See Section C.5.1 for a list of carriers used by the

FBI.

C.2.2 Contractor shall provide a level of spall protection for each Rifle Resistant Steel plate sold under this contract. Spall protection may be accomplished with a protective coating or a spall bag. See Section C.4.4. for spall protection requirements.

C.2.3 Contractor shall deliver Rifle Resistant Steel within 90 days after receipt of order.

Deliveries shall be shipped FOB Destination to all FBI (and other approved Federal government) locations within the continental United States (CONUS), as well as Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands.

C.3 GENERAL REQUIREMENTS

C.3.1 Rifle Resistant Steel sold under this contract shall be certified by the National Institute of Justice (NIJ) to meet or exceed the Level III standards as outlined in the NIJ

Standard 0101.06 Ballistic Resistance of Body Armor.2

C.3.2 Rifle Resistant Steel shall be made of steel.3

C.3.3 The torso and side plates shall be comprised of the same materials.

C.3.4 Rifle Resistant Steel sold under this contract shall contain a label on the wear side and a label on the strike face of the armor plate. The label on the wear side of the plate shall display data including, but not limited to, size, make and model, serial number, date of manufacture, lot number, NIJ certification, threat level, and FBI inventory number (FBI inventory numbers will be provided to the Contractor upon contract award). The label on the strike face of the plate shall read, “FBI” and be displayed in yellow lettering. Note: Rifle Resistant Steel sold under this contract to other DOJ entities (e.g., DEA, US Marshals, ATF) shall have the correct front label.

C.3.5 Contractor shall provide annual proof of liability insurance for a minimum amount of

$1M USD.

C.3.6 Contractor shall be capable of conducting in-house quality control testing to ensure that the armor delivered under this contract meets the requirements.

C.3.7 Contractor must possess the capability of conducting failure analysis on any armor returned by the FBI which does not function as designed or that exhibits signs of an obvious anomaly. Results of such a failure analysis shall be reported to the FBI in writing, within ten

(10) business days of receipt of the armor in question. At that time, Contractor must also outline remedial action(s) taken to correct the defect, if warranted.

C.3.8 Contractor shall not make any alterations to the armor or spall protection without prior notification to, and written approval by, the Contracting Officer (CO).

C.4 ARMOR SPECIFICATIONS

C.4.1 BALLISTIC RESISTANCE

In addition to the NIJ certification specified in Section C.3.1, the Rifle Resistant Steel sold under this contract shall stop multiple impacts from the following threat projectiles at the

2 It is the intent of the Government to procure NIJ certified Rifle Resistant Steel; however, we recognize the delay in certification caused by the pandemic. As the Government does not want to discourage the submission of new products, which may be pending NIJ approval, the Government will permit NIJ Notice of Compliance letters to be submitted post award. The NIJ Notice of Compliance Letter shall be received by the Government prior to shipment of product under this contract.

3 For the purposes of this solicitation, the Rifle Resistant Steel may be steel or a steel-based alloy. The Government understands that alloyants may improve the ballistic properties of a steel plate and therefore it may be a benefit to the Government.

specified impact velocities:

(a) 7.62x51mm M80 Ball NATO FMJ Steel Jacket Spire PT BT with a nominal weight of 147 grains and an impact velocity of 2,780 feet per second (fps), plus or minus (+/-) 50 fps.

(b) 7.62x39mm Mild Steel Core (MSC) with a nominal weight of 123 grains and an impact velocity of 2,380 fps, +/- 50 fps.

(c) 5.56x45mm M193 BT with a nominal weight of 55 grains and an impact velocity of 3,250 fps, +/- 50 fps.

(d) 5.56x45mm M855 BT with a nominal weight of 62 grains and an impact velocity of 3,100 fps, +/- 50 fps.

(e) 5.56x45mm Federal Tactical Bonded Soft-Point with a nominal weight of 64 grains and an impact velocity of 2,850 fps, +/- 50 fps.

Rifle Resistant Steel sold under this contract shall be able to stop, at a minimum, six (6) impacts from the above-noted threat projectiles. The plates shall be capable of stopping those threat impacts anywhere on the plate up to one (1) inch from any edge (i.e., the outermost perimeter of the test item).

C.4.2 ARMOR SIZES

The FBI requires Rifle Resistant Steel in the following sizes:

Torso Plates

• SAPI cut, size Extra Small (~ 7” x 11”)

• SAPI cut, size Small (~ 8” x 11”)

• SAPI cut, size Medium (~ 9” x 12”)

• SAPI cut, size Large (~ 10” x 13”)4

• SAPI cut, size Extra Large (~ 11” x 14”)

Side plates

• Medium Side Plates (~ 6” x 6”)5

• Large Side Plates (~ 6” x 8”)

The FBI recognizes different manufacturers offer slightly different sizes for Rifle Resistant Steel armor plates. Consequently, the tilde symbol (“~”) is used to represent the nominal or approximate sizes. Size variations (not to exceed 0.5”) are acceptable provided they fit securely into the FBI’s current carriers as described in Section C.5.

4 The FBI anticipates that most of the torso Ballistic Resistant Hard Armor purchased under these contracts will be in size Large.

5 The FBI anticipates that most of the side Ballistic Resistant Hard Armor purchased under these contracts will be in size Medium.

C.4.3 COATINGS

Rifle Resistant Steel shall be coated to protect against corrosion.

Corrosion-resistant coating shall be available Navy Blue (or similar) and black.6

C.4.4 MINIMIZATION OF SPALL

Rifle Resistant Steel sold under this contract shall provide a mechanism to limit potential injury from spall. This may be accomplished with a spall bag (included in the contract as a separate line item) or this may be accomplished with a protective coating surrounding the armor plate. If a spall bag is provided, it shall conform to the general shape of the plate.

It is essential that the spall bag or protective coating contain or capture fragmentation caused from projectile impacts with the steel plate. The spall protection shall, at a minimum, contain all fragmentation from at least one (1) threat projectile impact.

C.5 SIZING AND FIT

C.5.1 Rifle Resistant Steel must be available in sizes that fit securely in the FBI’s current inventory of carriers. The carries in use are:

Point Blank, model FBI Tactical Plate Carrier Crye Precision JPC2.0 TYR PICO-DS Assaulters Plate Carrier TYR Epic-Fed

C.5.2 The following table is offered as a size recommendation. Note: Offerors may submit different sizes provided that they fit securely into the carriers listed in C.5.1.

Suggested / Possible Steel Plate Sizes Soft Armor Size of Torso Plate

Point Blank, FBI Tactical Plate Carrier SAPI Large 11" x 13" TYR Epic Fed - Female size XS SAPI X-Small 7" x 11" TYR Epic Fed - Female size S SAPI X-Small 7" x 11" TYR Epic Fed - Female size M SAPI Small 8" x 11" TYR Epic Fed - Female size L SAPI Small 8" x 11"

TYR Epic Fed - Female size XL SAPI Medium 9" x 12" TYR Epic Fed - Male size S SAPI Small 8" x 11" TYR Epic Fed - Male size M SAPI Medium 9" x 12"

6 It is the intent of the FBI to procure Rifle Resistant Steel with a Navy Blue (or similar) coating; however, a black coating shall be available at the request of other U.S. Government entities.

TYR Epic Fed - Male size L SAPI Large 11" x 13" TYR Epic Fed - Male size XL SAPI X-Large 11" x 13"

C.5.3 Rifle Resistant Steel may be single curve or multi curve. Flat plates will not be accepted.

C.6 QUALITY CONTROL PLAN

C.6.1 Contractor shall provide information on Quality Control measures applied to armor sold under contract. Any revisions to the Quality Control Plan shall be forwarded to the COR within five (5) calendar days of the effective date.

C.6.2 Armor which fails any portion of Contractor’s Quality Control testing shall be rejected and not shipped.

C.7 AUTHORIZED BUYERS

C.7.1 Authorized Buyers include Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case-by-case basis. Interested parties shall contact the Contracting Officer (CO) for authorization. If approved by the CO, an authorization number will be utilized for record keeping purposes.

C.7.2 All orders shall be prioritized in the order they are received. Emergency orders placed by the FBI, as identified by CO or COR, shall receive priority over all other orders.

C.8 REPORTS

C.8.1 Contractor shall provide quarterly reports to the Contracting Officer within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless of if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

C.8.2 It is preferred that this information be provided using Microsoft Excel.

C.8.3 If the quarterly report is not provided within ten (10) calendar days of the end of quarter as required, a written explanation as to why the report is tardy shall be provided with the quarterly report.

C.9 SECURITY AND ACCESS CONTROL

C.9.1 On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior CO or COR approval.

C.10 MEDIA STATEMENTS

C.10.1 All press statements and releases related to the contract shall receive advance written approval by the Contracting Officer.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

D.1.1 Packaging and packing for all items delivered under this contract shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

E.1.1 As Ballistic Protective Armor is worn in defense of life; the Government expects the Contractor to maintain the quality of the product throughout the life of the contract. Quality of the product delivered will be monitored by the COR or Technical Point of Contact (TPOC).

In addition to physical inspection of the product, the COR/TPOC will monitor timely delivery and accuracy of order.

E.1.2 The Government may also conduct random Quality Assurance (QA) testing of product to ensure that the armor meets performance requirements.

E.1.3 Any armor that fails the FBI’s QA testing will be returned to the Contractor, at no cost to the Government, and replaced with an equal amount of supplies. The Contractor will be notified by the COR, in writing, of the nature of the failure, defect, or deficiency.

E.1.4 Contractor shall provide a primary point of contact and an alternate point of contact for any matters pertaining to armor supplied under the contract.

E.1.5 Contractor shall take corrective action within ten (10) business days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect armor; and provide the CO and/or COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances. Any issues pertaining to defective or deficient armor shall be resolved to the satisfaction of the FBI.

E.1.6 Failure to maintain the standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of termination proceedings.

E.2 WARRANTIES

E.2.1 Rifle Resistant Steel sold under this contract shall be warrantied for a period no less than ten (10) years from receipt by the Government. The spall protection offered (either integral to the plate or from a separate spall bag) shall also be warrantied for a period no less than ten (10) years.

E.2.2 Contractor shall specify all that is covered during the warranty period (e.g., finish and workmanship; ballistic resistance, etc.).

E.2.3 Warranty claims shall be remedied at no expense to the government except for shipping item to the Contractor. Contractor will be responsible for return shipping costs.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

F.1.1 The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) one-year option periods.

F.2 DELIVERY SCHEDULE

F.2.1 Contractor shall deliver Ballistic Protective Armor, Rifle Resistant Steel within 90 days after receipt of order. In the event of a delay, see F.3.1.

F.2.2 Contractor is to deliver the entire quantity of Rifle Resistant Steel; however, partial shipments may be accepted with prior approval from the CO or COR.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

F.3.1 In the event the Contractor encounters difficulty in meeting delivery schedules or completion dates, or if the Contractor has knowledge of a situation that may delay the timely performance of this contract, the Contractor shall notify the CO and COR in writing within five (5) business days. Contractor shall provide the COR with (1) a detailed justification for the delay and (2) a realistic time for delivery.

F.4 PLACE OF DELIVERY

F.4.1 Delivery of Ballistic Resistant Hard Armor shall be FOB “Destination.”

F.4.2 Ballistic Protective Armor, Rifle Resistant Steel shall be shipped to all FBI (and other approved Federal government purchasers) locations within CONUS, as well as Hawaii, Alaska, Puerto Rico, and U.S. Virgin Islands. Shipping address will be noted at the time of order.

F.5 F.O.B. DESTINATION (52.247-34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications;

or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (JAN 1985)

A. An individual that shall be named after contract award is hereby designated to act as the Contracting Officer’s Representative (COR) under this contract.

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 shall issue such changes.

(End of clause)

G.2 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.505, Ordering, and the clause at 52.216-18, Ordering, any supplies to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the contract.

G.3 INVOICING REQUIREMENTS

Invoices shall be submitted electronically to Invoice Processing Platform (IPP.gov).

All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e., revised, resubmitted) shall be marked "REVISED".

G.4 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.5 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.6 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The Government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract.

Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 DOJ RESIDENCY REQUIREMENT

All contractor personnel employed within the United States, both United States citizens and non-United States citizens, are required to meet the following residency requirements:

a. For three of the five years immediately prior to applying for the specific contract position, the individual must have 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capability; or 3) be a dependent of a Federal or military employee serving overseas.

The requirement may be waived for short term contractor personnel (performing duties for a cumulative total of 14 days or less) if there is a critical need for their specialized and unique skills. These individuals must, however, be United States citizens or Permanent Resident Aliens.

H.6 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS NOV 2013

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2016

52.212-4 CONTRACT TERMS & CONDITIONS – JAN 2017

COMMERCIAL ITEMS

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

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

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)

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

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

https://www.acquisition.gov/far/

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (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).

XX (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).

XX (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]

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

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

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

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

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

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

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

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

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

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

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

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

___ (22) 52.219-28, Post Award Small Business Program 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)).

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

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

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

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

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

XX (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).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

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

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

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

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

3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

637(d)(12)).

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

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

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

[Contracting Officer check as appropriate.]

___ (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) (E.O.

13658).

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

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dispute clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

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

(iii)…