70LGLY24QGLB00122.pdf

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Photography Products and Services
Solicitation number
70LGLY24QGLB00122
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This document is a Request for Proposal (RFP) for Photography Products and Services at the Department of Homeland Security's Federal Law Enforcement Training Center (FLETC) located in Glynco, Georgia. The period of performance is a base period of one year from October 1, 2024 to September 30, 2025, with four one-year option periods.

The RFP covers three main categories of photography services: class photos, graduation photos, and administrative photos. The Government requires the contractor to provide various photography services such as camera time, photo prints in different sizes, digital files, and setup/delivery. The solicitation is set aside for small businesses under NAICS code 541921 with a size standard of $7.5 million. Offers are due by September 20, 2024 at 4:00 PM EST. Award will be made to the lowest priced, technically acceptable offeror. The Government may conduct discussions if deemed prudent. Key contract requirements include compliance with FAR 52.222-50 Combating Trafficking in Persons, and adherence to FLETC safety, security, and environmental regulations.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

70LGLY

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

X

541921

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70LGLY

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/20/2024 1600 ET

09/17/2024

912-267-3537Maritza Jennings (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70LGLY24QGLB00122

5. SOLICITATION NUMBER

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

1 46 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

GLYNCO GA 31524

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

DEPARTMENT OF HOMELAND SECURITY

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

1131 CHAPEL CROSSING RD

ATTN: MARITZA JENNINGS

GLYNCO GA 31524

Offerors shall provide a statement of compliance with FAR 52.222-50, Combating Trafficking in Persons, requirements and confirm subcontractors will accomplish a statement of compliance upon award.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Maritza L. Jennings

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THE FOLLOWING TERM AND CONDITIONS ARE MANADATORY:

1. DESCRIPTION OF AGREEMENT: The Contractor shall furnish Photography products and services if and when requested by the Contracting Officer (or the authorized Representative of the Contracting

Officer) during the period of performance of for the blanket purchase agreement (BPA).

Period of Performance: 10/01/2024 to 09/30/2029

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

52.232-18 Availability of Funds. (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Contractor Security Screening Packet will be issued time of award

TABLE OF CONTENTS

SECTION A SOLICITATION/CONTRACT FORM

SECTION B PRICE SCHEDULE

Line Item Details

SECTION C – STATEMENT OF WORK

SECTION D – CONTRACT CLAUSES………………………………

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION J – ATTACHMENTS

SECTION L – INSTRUCTIONS TO OFFERORS

SECTION A SOLICITATION/CONTRACT FORM

1. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized purchases actually made under the Blanket Purchase Agreement (BPA).

2. PURCHASE LIMITATION: The dollar limitation for each individual purchase under the BPA shall not exceed the amount cited in FAR 2.101 without the written approval of the Contracting Officer.

3. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA: By letter a list of individuals authorized to purchase under this BPA, identifying by name of individual and organizational component and the dollar limitation per purchase for each individual shall be furnished to the supplier by the Contracting Officer.

4. DELIVERY TICKETS: All deliverables under this BPA shall be accompanied by a delivery ticket or sales slip which shall contain the following information

a. Name of Contractor

b. Blanket Purchase Agreement Number

c. Date of call

d. Name of person placing call

e. Call Number

f. Itemized list of supplies and/or services furnished

g. Quantity, unit price, and extension of each item less applicable discounts. (Unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information.)

h. Date of delivery or shipment

5. INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliverables made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

a. A consolidated payment will be made for each specified period; and

b. The period of any discounts will commence on the final date of the billing period or on the date of receipt of the invoices for all deliveries accepted during the billing period, whichever is later.

c. The invoices shall be forwarded to the following email maritza.l.jennings@fletc.dhs.gov with a copy of the authorized caller indicated at the time of call.

SECTION B PRICE SCHEDULE

The Period of Performance shall be a base period of one (1) year with four optional one (1)-year periods as follows:

Base Period: October 1, 2024, through September 30, 2025 Option Period 1: October 1, 2025, through September 30, 2026 Option Period 2: October 1, 2026, through September 30, 2027 Option Period 3: October 1, 2027, through September 30, 2028 Option Period 4: October 1, 2028, through September 30, 2029

PERIOD OF PERFORMANCE 10/01/2024 TO 9/30/2025

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

0001 CAMERA FEE HOUR $

0002 PHOTO PRINT 5x7 EA $ 0003 PHOTO PRINT 8x10 EA $ 0004 PHOTO Print 16x20 EA $

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

0005 CAMERA FEE HOUR $

0006 5x7 EA $ 0007 8x10 EA $

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

0008 CAMERA FEE HOUR $

0009 CD/DVD EA $

0010 Website ordering EA $

PERIOD OF PERFORMANCE 10/01/2025 TO 9/30/2026

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

1001 CAMERA FEE HOUR $

1002 PHOTO PRINT 5x7 EA $

1003 PHOTO PRINT 8x7 EA $ 1004 PHOTO Print 16x20 EA $

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

1005 CAMERA FEE HOUR $

1006 5x7 EA $ 1007 8x10 EA $

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

1008 CAMERA FEE HOUR $

1009 CD/DVD EA $

1010 Website Ordering EA $

PERIOD OF PERFORMANCE 10/01/2026 TO 9/30/2027

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

2001 CAMERA FEE HOUR $

2002 PHOTO PRINT 5x7 EA $ 2003 PHOTO PRINT 8x10 EA $ 2004 PHOTO Print 16x20 EA $

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

2005 CAMERA FEE HOUR $

2006 5x7 EA $ 2007 8x10 EA $

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

2008 CAMERA FEE HOUR $

2009 CD/DVD EA $

2010 Website Ordering EA $

PERIOD OF PERFORMANCE 10/01/2027 TO 9/30/2028

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

3001 CAMERA FEE HOUR $

3002 PHOTO PRINT 5x7 EA $ 3003 PHOTO PRINT 8x10 EA $ 3004 PHOTO Print 16x20 EA $

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

3005 CAMERA FEE HOUR $

3006 5x7 EA $ 3007 8x10 EA $

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

3008 CAMERA FEE HOUR $

3009 CD/DVD EA $

3010 Website Ordering EA $

PERIOD OF PERFORMANCE 10/01/2028 TO 9/30/2029

PHOTOGRAPHY PRICING

Item No. Description Unit Unit Price

4001 CAMERA FEE HOUR $

4002 PHOTO PRINT 5x7 EA $ 4003 PHOTO PRINT 8x10 EA $ 4004 PHOTO Print 16x20 EA $

PRINTED BANNER ON PHOTO (TYPE SET)

PORTRAITS

Item No. Description Unit Unit Price

4005 CAMERA FEE HOUR $

4006 5x7 EA $ 4007 8x10 EA $

DIGITAL FILE CD/DVD

Item No. Description Unit Unit Price

4008 CAMERA FEE HOUR $

4009 CD/DVD EA $

4010 Website Ordering EA $

Total for Base and all Option Years

Option to extend services for 6 months

PHOTOGRAPHY STATEMENT OF WORK

FEDRAL LAW ENFORCEMENT TRAINING CENTER

The purpose of the following Statement of Work is to provide the requirements for the Federal Law Enforcement Training Centers (FLETC) and the offer of photography products and services. The types of photography shoots will be divided into three main categories: (1) class photos, (2) graduation photos, and (3) administrative photos. There may be slightly different delivery requirements including locations, sizes of prints, and delivery timeframes associated with the three categories.

I. Class Photos (Group Shot)

Photographer will be notified of a shoot in writing via email, or telephone. Information for the shoot will include photo location, number of students to photograph, call number, time and date of shoot, and type(s) of photo needed. The minimum notification is 24 hours or 8 working hours. Class Group Photos are taken Monday through Thursday, between 11:00AM and 1:00 PM in approximately fifteen (15) minute increments where there are multiple classes scheduled on the same day. If notification is under 24 hours or 8 working hours, (workday is between 8:00AM – 5:00PM), the contractor can decline the shoot with no penalty. Should for some reason the contractor arrive for a schedule shoot and the class does not arrive at the designated time or the schedule changed and the photographer has no subjects to photograph;

the contractor is entitled to be paid a pre-negotiated fee for their travel time if FLETC failed to notify the contractor of the schedule change.

1. The following elements are to be considered to determine the price of a class group photo shoot:

• Camera Fee (Photographer Services): Camera fee, hourly rate, minimum charge for jobs requiring less than one hour.

• Photos: (1) 8”x 10”, with a digital file high resolution of (300 dpi or greater, 8x10 inches) class photo with banner (see banner info below) for each agency represented in the class and one for FLETC records. The number of agencies represented in the class makeup determines the quantity of photos needed. The banner should be constructed as noted (see 1.0 below).

• Digital file (disc or electronically delivered): Each job will require a disc or electronic delivery -- the successful offer will have the capability to create a disc or provide electronic delivery in a high-resolution useable format photo file. The Government will select the file type and format they require for each job and will notify the photographer in advance or in post processing prior to digital delivery via electronic messaging ie, email or internet. A class roster must accompany the file.

2. Class sizes are in typical ranges from 24 to 48 students, but some may have differing sizes.

3. The Federal Law Enforcement Training Centers (FLETC) is to receive the photos (regardless of format) within 5 working days of the shoot unless otherwise requested.

A printed banner (the banner reflects the exact language used to identify the class on the actual photo: photo time, call number, class number, class name, agency, facility, dates, city and state, seals or logos) is required for the 8" x 10". The 8" x 10" photo (landscape) bleeds to the left, right, and top of the print. At the bottom of the 8" x 10" area, there is a 'white space" created.

The photographer may be asked to insert the agency logo in this white space on the left, as well as additional verbiage provided on a class-by- class basis and centered in this white space, in Times New Roman type. No banner information or logo/seals will be changed on a photo without written approval from the appropriate agency academy director.

Example 1.0:

11:30 14-226 CITP FEDERAL

LAW ENFORCEMENT TRAINING CENTER CRIMINAL

INVESTIGATOR TRAINING CLASS #CITP-032

SEPTEMBER 06 – NOVEMBER 23, 2015

GLYNCO, GEORGIA

1-DHS Seal

Total copy (logo and class copy) will be centered from left to right side and from bottom of photo to bottom of print. Logos/seals and their correct usage will be furnished by the FLETC.

4. Class photos are taken at Building 98 Game Room, unless an alternate location is specified by the Government point of contact (POC). The contractor will be set-up and ready to take photographs at least 15 minutes prior to the time of the class arriving. The contractor will only take photographs of classes listed on the official class photo schedule provided by the government point of contact.

The photographer will work with the FLETC or agency representative on site to meet aesthetic and positioning requirements of the group photo. In the absence of a representative, the photographer will position the group shot according to its size.

On some occasions, more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

II. Graduation Photos

1. Photographer will be notified of a shoot in writing via email, fax or telephone.

Information for the shoot will include photo location, number of students to photograph, call number, time and date of shoot, and type(s) of photo needed. The minimum notification is 24 hours or 8 working hours (using a workday of 8am-5pm for dealing with hours that cross into a second day). If notification is under 24 hours or 8 working hours, the contractor can decline the shoot with no penalty.

2. The following elements are to be considered to determine the price of a shoot:

• Camera Fee (Photographer Services): Camera fee, hourly rate, minimum charge for jobs requiring less than one hour.

• Photos: An average class graduation requires one (1) 5”x 7”, individual photo of each student receiving their credential or badge pinning. Some graduating classes will also require an 8" x 10" class graduation group photo with banner (see banner info below - 5). The number of students photographed determines the quantity of photos needed. Print or digital delivery to students will be required based on agency needs and specified during time of order.

• Digital file (disc or electronically delivered): Each job will require a disc or electronic delivery -- the successful offer will have the capability to create a disc or provide electronic delivery in a high-resolution useable format photo file. The Government will select the file type and format they require for each job and will notify the photographer in advance or in post processing prior to digital delivery via electronic messaging ie, email or internet.

3. Class sizes are in typical ranges from 24 to 48 students, but some may have differing sizes.

4. The Federal Law Enforcement Training Centers (FLETC), agencies, and graduating students should receive the photos (regardless of format) within 5 working days of the shoot unless otherwise requested.

5. A printed banner is required for the 8" x 10" group graduation photo. The 8" x 10" photo (landscape) bleeds to the left, right, and top of the print. At the bottom of the 8" x 10" area, there is a “white space" created. The photographer may be asked to insert the agency logo in this white space on the left, as well as, additional verbiage provided on a class-by- class basis and centered in this white space, in Times New Roman type. Total copy (logo and class copy) will be centered in the banner area both: from left to right side and from top to bottom in banner area. See example of photo requirements attached. Logos and their correct usage will be furnished by the FLETC.

7. Normally, graduations are held in Bldg. 912, and the graduation group photos are taken in front of Bldg. 912. In other instances, notification will be given for other locations for graduation photos.

8. The photographer will work with the FLETC or agency representative on site to meet aesthetic and positioning requirements of the group or individual photos.

9. On some occasions, more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

10. Graduation photos are to be delivered to students and agencies by the contractor.

III. Administrative Photo Services

1. The photographer will be notified of a shoot via a phone call, fax, or email request.

Information provided by the Government for the shoot will include the photo location, event type, time and date of shoot, and type(s) of administrative photos needed. The period of notice to the photographer for an administrative photo service may be as short as two hours and is subject to last minute changes. When there are particular types of administrative photographs to be taken (speakers, presentation of awards, various group positions, with or without certificates, awards, or otherwise), the order will contain as much specificity as possible.

2. The following elements are to be considered to determine the price of a shoot:

• Camera Fee (Photographer Services): Camera fee, hourly rate, minimum charge for jobs requiring less than one hour.

• Digital file (disc or electronically delivered): Each job will require a disc or electronic delivery -- the successful offer will have the capability to create a disc or provide electronic delivery in a high-resolution useable format photo file. The Government will select the file type and format they require for each job and will notify the photographer in advance or in post processing prior to digital delivery via electronic messaging ie, email or internet.

3. Photography services may include aerial photos of the FLETC, Award Presentations and other special ceremonies and visits by Federal, State or Local Political Leaders, Senior Executive Leadership from the Department of Homeland Security Headquarters Operations, The Secretary (S1), Deputy Secretary (S2), Diplomatic/Public Affairs visits, or others. These may or may not require custom banners as determined at the time of the request.

4. The Publishing Services Branch of the Federal Law Enforcement Training Centers (FLETC) is to receive the photos (prints and/or digital content, as requested/required), regardless of format, within 5 working days of the shoot. The Protocol & Communications Office (PCO) often requires a representative collection of the photos (photographer's choice) to be emailed to their office within the same day for use in publicizing visits and events. These photos may be taken indoors or outdoors, both on and off the Center, within the local Brunswick region. Email will also be provided to the Publishing Services Branch of the same photographs sent to PCO.

5. On some occasions more than one photographer will be required. The government will not ask for more than three photographers simultaneously.

6. OFFICIAL STAFF (Portrait) PHOTOS may be required and the vendor will utilize the

MMD Portrait studio in bldg. 680 or other designated location to complete the official portraits requested. Staff members will arrive at the shoot location at agreed upon times.

Samples indicating proper setup and placement of US Flag and/or other items will be communicated at the time of placing the call/order for services. Sizes for deliverables will vary and could be (but not limited to) color prints and/or disc or electronic format.

GFE may not be comprehensive and meet the needs for each shoot. Contractor will furnish any camera equipment required and may need to provide additional items and supplies based on individual shoot requirements. .

7. Administrative photos may be requested in various formats and sizes when prints are ordered.

IV.CONFIDENTIALITY, GOVERNMENT OWNERSHIP, AND OPERATIONAL

SECURITY

1. The nature of some of the work on this contract will be sensitive and confidential. For example, a Dignitary/Senior Executive may be planning a trip to the FLETC and for security reasons (or otherwise) the visit will not to be made known to the general public.

In some cases, the entire event may be sensitive, and its occurrence will need to be held in strict confidence between the Government and the photography vendor.

2. The digital images and all associated files with this contract are the sole property of the FLETC and the Department of Homeland Security, and the FLETC will own the copyrights to all photos taken. There is to be no other use made of photos, logos of agencies, or of any of the photography work taken except with the express written consent of the Publishing Services Branch at the FLETC.

3. Furthermore, many of the photos will be of agents and officers who are graduating from the FLETC and returning to jobs in the field, which may include undercover work. For that reason, all photos and/or electronic files under this contract must be safeguarded (only authorized FLETC staff can view, copy, or have electronic/hardcopy access to photos) in such a way as to ensure that the identity of the agents and officers would not ever be compromised.

No release or sale of prints, negatives, or electronic files to individuals of the photography work on this contract is to be made without the written permission of the FLETC. All aspects of a job must be performed by the vendor and not outsourced to a third party for operational security. (No written permission is required from the FLETC, or the individual depicted in the photo, for the photographer to sell that individual their own photos). Note: This does not apply to photos identified as "For Official Use Only."

4. In view of the above, the FLETC may coordinate with the photography vendor and identify portions of work as "For Official Use Only." Within the FLETC, the caveat “For Official Use Only” is used to identify sensitive but unclassified information with the Department of Homeland Security agencies that is not otherwise specifically described and governed by statute or regulation. The marking, use, protection and dissemination of photography deliverables identified by the FLETC as “For Official Use Only” will be in accordance with Department of Homeland Security Management Directive System MD Number 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only Information).

V. DRESS CODE

The dress code requirement of this contract will be based on the formality of the photography occasion/event. In most instances, "business casual" will be acceptable (i.e., khaki pants with polo shirt). Business casual is acceptable attire for class graduation shoots, demo shoots, and local award presentations. Formal ceremonies or dignitary visits will require "Business Professional Attire”: professional attire means dress shirts, suits and ties; for men. Business wear for women is very similar to what men are expected to wear. Wear a women's business suit in a dark color like navy, charcoal, black, dark brown, or gray. Your skirt should match your suit jacket. The skirt should be hemmed at mid-knee or below; avoid mini-skirts or skirts with deep slits at the front, back, or sides.

CONTRACT CLAUSES

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(JAN 2017)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that-

(1) It ___ is, ___ is not an inverted domestic corporation; and

(2) It ___ is, ___ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2024)

(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 products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[X] (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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved]

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (DEC 2023) of 52.204-30.

[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

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

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (SEP 2023) of 52.219-9.

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

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

[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.

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

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[ ] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.

637(m)).

[ ] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[ ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (32) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[ ] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JULY 2014) of 52.222-35.

[ ] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JULY 2014) of 52.222-36.

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

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

[ ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989).

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

[ ] (41)(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.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[X] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[X] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).

[ ] (ii) Alternate I (OCT 2022) of 52.225-1.

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[ ] (iii) Alternate II (DEC 2022) of 52.225-3.

[ ] (iv) Alternate III (FEB 2024) of 52.225-3.

[ ] (v) Alternate IV (OCT 2022) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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. Subtitle A, Part V, Subpart G 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).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[ ] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

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

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided…

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