70RFP322QEH000005.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

OPO/FPS/EACCG/HQ/NC

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/HQ-Natl Contracts

000000 CODE 16. ADMINISTERED BYCODE

X

X

X

334511

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR70RFP3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/14/2022 1200 ET

01/24/2022

215-521-3053Maria Macerato (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP322QEH000005

5. SOLICITATION NUMBER

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

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

Attn: Melissa Stolle

TELEPHONE NO.

17a. CONTRACTOR/

VARIOUS LOCATIONS

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FPS EAST CCG DIV 3 ACQ DIV(70RFP3)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Homeland Security (DHS), Federal Protective Service (FPS), is requesting quotations for inert Covert Security Testing (CST) Kits in accordance with the attached Statement of Work.

This RFQ is comprised of the following documents:

-Standard Form (SF) 1449 -Statement of Work -Terms and Conditions

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Melissa Stolle

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 90 Days After Award

Points of Contact:

CO: Melissa Stolle, 215-521-2266, melissa.stolle@fps.dhs.gov

COR: Teddy England, 202-732-0308, teddy.e.englandjr@fps.dhs.gov

CS: Maria Macerato, 215-521-3053, maria.macerato@fps.dhs.gov

0001 Base Period: Inert Covert Security Testing (CST) 40 EA

Kits

Product/Service Code: 5180

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

0001 I Base Period: Optional Surge CLIN - Inert Covert 10 EA

Security Testing (CST) Kits

(Option Line Item)

Product/Service Code: 5180

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

1001 Option Period 1: Inert Covert Security Testing 20 EA

(CST) Kits

Product/Service Code: 5180

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

70RFP322QEH000005

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

1001 I Option Period 1: Optional Surge CLIN - Inert 10 EA

Covert Security Testing (CST) Kits

(Option Line Item)

Product/Service Code: 5180

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

2001 Option Period 2: Inert Covert Security Testing 20 EA

(CST) Kits

Product/Service Code: 5180

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

2001 I Option Period 2: Optional Surge CLIN - Inert 10 EA

Covert Security Testing (CST) Kits

(Option Line Item)

Product/Service Code: 5180

Product/Service Description: SETS, KITS, AND

OUTFITS OF HAND TOOLS

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

Sponsored by GSA

FAR (48 CFR) 53.110

DEPARTMENT OF HOMELAND SECURITY (DHS)

STATEMENT OF WORK (SOW)

FOR

Inert Covert Security Testing (CST) Kits

1.0 GENERAL

1.1 BACKGROUND

The Federal Protective Service (FPS) has a need to acquire Inert Covert Security Testing (CST) Kits to be used for Red Team operations to test the security infrastructures and implemented countermeasures at federally owned or leased facilities nationwide to detect innocuous items containing threat materials.

1.2 SCOPE

The purpose of this requirement is to procure inert CST Kits for Red Team operations. The items must be able to be stored and concealed in a standard sized backpack or bag. Additionally, the items must be a commonly utilized brand, and cannot be over five years old. Samples of the products must be provided prior to acceptance to ensure they meet these specific requirements.

These inert training aids shall contain the items listed below in paragraph 2.0 Specific Requirements.

1.3 OBJECTIVE

The objective of this effort is to initially procure forty (40) inert CST Kits to improve security at federal facilities protected by FPS with the possibility of additional kits procured in subsequent optional periods.

2.0 SPECIFIC REQUIREMENTS

The Contractor shall provide forty (40) Covert Security Testing Kits, each of the items cannot have “Inert” or other similar adhesive labels on them, that consist of the following items (see required specifications):

• Covert Security Testing (CST) items o Inert Black .380 caliber Pistol (40 each) o Inert Soda Can filled with C4 (40 each) o Inert Computer Laptop (40 each) o Inert Computer Tablet (40 each) o Inert Portable Speaker (40 each) o Inert Bluetooth Over the Ear Portable Audio Headphones (40 each) o Pelican “like” storage cases (40 each) o Black Backpack (40 each)

NOTE: FPS intends to create 40 kits and store them in pelican “like” storage cases.

The vendor shall only provide the devices, the storage cases and backpacks.

Required specifications:

• Inert Black .380 Caliber Pistol Requirement (subcompact weapon) o Black in color o Subcompact easily concealable o Have Removable Magazine and Inert Bullets (full magazine of bullets plus full box of bullets) o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o Walk-Through Metal Detector (WTMD) compliant

• Inert Soda Can Requirement o Filled with inert C4 o Can must appear factory intact, and simulant must not slide or rattle if shaken o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o Walk-Through Metal Detector (WTMD) compliant

• Inert Computer Laptop Requirement o Manufacturer: Dell, Lenovo, Apple, HP. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Model Year: 2016 – Present o Explosive: Hexamethylene Triperoxide Diamine (HMTD) o Firing Circuit: Digital Timer o Maximum Dimensions:

Screen Size: 15 inches Height: 1.25 to 1.5 inches when closed Width 13 inches Depth: 9 inches Weight: 3.09 pounds o Power Source: Computer Laptop Battery and Power Cord o Blasting Cap: Cardboard Blasting Cap o Appear factory new o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o Walk-Through Metal Detector (WTMD) compliant

• Inert Computer Tablet Requirement o Manufacturer: Samsung, Apple, Microsoft, Amazon, Lenovo. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Model Year: 2016 – Present o Explosive: Sheet explosives o Firing Circuit: Digital Timer o Maximum Dimensions (shall not exceed the following):

Screen Size: 9.7 – 11 inches Height: 9.4 inches Width 6.6 inches Depth: 0.29 inches Weight: 16.48 ounces o Power Source: Internal Battery and Power Cord o Blasting Cap: Electric Blasting Cap o Appear factory new o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o Walk-Through Metal Detector (WTMD) compliant

• Inert Portable Speaker o Manufacturer: JBL, Sony, Panasonic. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Model Year: 2016 – Present o Explosive: Plastic Explosives o Firing Circuit: Digital Timer o Power Source: Removeable power cord for simulation purposes, battery will be removed to ensure explosives can be placed into the device.

o Blasting Cap: Electric Blasting Cap o Appear factory new o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o The device should be set up to be either suicide or victim initiated.

• Bluetooth Over the Ear Portable Audio Headphones o Manufacturer: Beats, JBL, Bose. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Model Year: 2016 – Present o Description: Over the ear headphones with removable cord, able to plug into a cellphone o Explosive: Sheet explosives o Firing Circuit: Digital Timer o Power Source: Power Cord o Blasting Cap: Non-electric Blasting Cap o Appear factory new o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray

Generator Systems) o This device would be functioned by time fuse and would be considered a suicide device (PBIED).

• Storage Cases o Manufacturer: Pelican. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Meet FAA regulations for carry-on baggage o Have wheels and retractable handle o Foam inserts o Black in color o Hard case o Ability to be locked with a padlock or combination lock.

o Overall case - no smaller than dimensions 19.75” x 11” x 7.6”

• Black Backpacks o Black backpacks that are able to accommodate a 15-inch laptop and ancillary items to conceal the item inside it. Items to be used as a vehicle to conceal the test kit items during operations.

o Material should be polyester or canvas and waterproof o Bag should be capable of carrying 35 pounds

3.0 OTHER APPLICABLE CONDITIONS

3.1 Program Organization

This program is under the technical direction of the Contracting Officer Representative (COR) assigned to the FPS Protective Security Operation Division (PSOD).

3.2 Government Management Organization

FPS management of this project will be accomplished through the FPS PSOD at 800 North Capitol Street NW, Suite 500, Washington, D.C. 20536.

3.3 Applicable Standards

3.3.1 The Contractor shall conform to the following regulations, and meet the Carrier’s minimum requirements for shipping dangerous and/or hazardous materials:

Code of Federal Regulations (CFR) 49 – Transportation

• Part 171 – General Information, Regulations, and Definitions

• Part 172 – Hazardous Materials Table, Special Provisions, Hazardous Materials

Communications, Emergency Response Information, Training Requirements, and Security Plans

• Part 173 – Shippers: General Requirements for Shipments and Packaging

3.3.2 Dangerous Goods

3.3.2.1 The Contractor shall be responsible for shipments of dangerous goods in accordance with current International Air Transport Association (IATA) regulations for air transport, as well as the Terms and Conditions of the chosen freight carrier. This is required regardless of the routing and whether the shipment is transported by air, ground, or a combination of air and ground transportation. Shipments of dangerous goods may or may not require a special handling fee. (See CFR 49 172 to determine carriers’ extra fees.)

Examples of dangerous goods include aerosol sprays, airbags, ammunition, butane, car batteries, cologne, dry ice, fireworks, gasoline, jet fuel, lighters, matches, nail polish, nail polish remover, nitrogen-refrigerated liquid, paint, perfume, solvents, and some chemicals, in addition to several other items.

3.3.2.2 The Contractor shall be responsible as the shipper to identify, classify, package, mark, label, and complete documentation for dangerous goods according to all national and international governmental regulations. Failure to do so could create dangerous conditions on an aircraft and result in the shipper being subject to governmental fines and penalties under applicable laws.

The following dangerous goods may be shipped within the U.S. and Puerto Rico in accordance with the current edition of CFR 49, which applies to air transportation:

• Magnetized material

• Toxics in exemption packaging

• Other Regulated Materials - Domestic (ORM-D): A marking for mail or shipping in the

U.S. that identifies other regulated materials for domestic transport only, i.e., Shipper's Declaration for Dangerous Goods required

• Small quantities under section 49 CFR 173.4

3.3.3 Container Shipping Requirements

• All bags must have a seal which is also listed on the Packing Slip or a Commercial Bill of Lading (CBL).

• Each sealed container shall be secured with security tape to reveal if the container has been opened.

• In the event that more than one (1) individual container is being shipped to a single location; the containers shall be marked in sequence, e.g., “Container 1 of 20 Containers.”

• In the event that several containers are shipped on a pallet, each container shall be secured to the pallet using pallet banding (Plastic or Metal) and securely wrapped in Black Stretch Film or shrink-wrap.

• Pallets shall have ALL appropriate warning labels, shipping labels, and a preference for a “Do Not Stack” labels.

3.4 Product

3.4.1 The Contractor shall provide CST Kits that are “in-sourced” by the Contractor’s own company, and not obtained through a sub-contracted arrangement.

3.4.2 The Contractor must provide CST Kit items that appear factory new.

4.0 DELIVERY

4.1 The Contractor shall deliver the CST Kit items to FPS within ninety (90) days of contract award.

4.2 FPS reserves the right to alter the schedule and quantities shipped, as FPS mission requirements may change. Such change may only be done via contract modification. Initial shipment quantities may change but will require written direction from the FPS Contracting Officer (CO) to do so.

4.3 The Contractor shall deliver the CST Kits to:

Federal Protective Service

Attn: Jeffrey Glow or Harold Robinson Mail Stop 5300

800 North Capitol Street, NW Suite 300 Washington, D.C. 20536

4.4 The Contractor shall not create the Covert Security Testing Kits prior to delivering the items, as FPS will handle the assembly of the CST Kits. The Contractor may use the pelican cases to package the items for shipment.

4.5 The sample kit from the selected vendor will be retained and be considered kit #1 and the vendor will be responsible for providing an additional 39 kits. Sample products will be returned to the unsuccessful offerors within 60 days. The Government will be responsible for all costs associated with the shipment to return. Offeror must provide a complete return address for the shipment. (POC name , address, email and phone number).

5.0 WARRANTY

The manufacturer shall provide a one (1) year warranty on inert Covert Security Testing Kits to begin after receipt of complete delivery of products. The Contractor shall repair or replace any defective merchandise covered under warranty, along with any shipping costs incurred, at the Contractor’s expense. Any replacement products shall be of equal or better functionality to that of the product being replaced.

6.0 First Article Testing

52.209-4 First Article Approval-Government Testing.

FIRST ARTICLE APPROVAL-GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 1 unit(s) of each item within 14 calendar days from the date of this contract to the Government at: Federal Protective Service 800 N. Capitol NW Washington, DC 20536 Attn: Protective Security Operations Branch Suite 500.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government.

The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

Attachment A

Stock photos:

Request for Quotation # 70RFP322QEH000005

1.0 DESCRIPTION OF SERVICES

The Contractor shall provide inert Covert Security Testing (CST) Kits as specified in the Statement of Work (SOW) for the Federal Protective Service (FPS) Protective Security Operation Division (PSOD). These training devices are to be used for Red Team operations to test the security infrastructures and implemented countermeasures at federally-owned or leased facilities nationwide to detect innocuous items containing threat materials. The items must be able to be stored and concealed in a standard sized backpack or bag. Additionally, the items must be a commonly utilized brand, of high quality, and cannot be over five years old. Samples of the products must be provided prior to acceptance to ensure they meet these specific requirements.

2.0 CONTRACT TYPE

This Request for Quotation (RFQ) will result in the placement of a single award, Firm Fixed Price Purchase Order.

3.0 PACKING, MARKING AND BRANDING

3.1 Payment of Postage and Fees

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the COR shall be paid by the Contractor.

3.2 Marking

All information submitted to the Contracting Officer or the COR shall clearly indicate the purchase order number for which the information is being submitted.

3.3 Branding

The Contractor shall comply with the requirements of any DHS Branding and Marking policies.

As a matter of law, Federal criminal statutes prohibit unauthorized use of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements.

The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in way an endorsement of a product, company or technology.

Request to use the DHS Seal must be submitted using the DHS Official Seal Usage Approval form. A copy of this form may be requested from the Contracting Officer. The comments section should be used to describe why use of the seal is being requested, and how it will be used.

Completed forms shall be sent via e-mail to the Deputy Director of Strategic Communications for Public Affairs, and to the Contracting Officer.

4.0 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of all items provided for under this requirement shall be done so in accordance with FAR 52.212-4(a), Contract Terms and Conditions – Commercial Items, Inspection/Acceptance (OCT 2018).

5.0 DELIVERIES OR PERFORMANCE

The Contractor shall deliver the supplies in the timeframes specified in the Statement of Work, Section 4.0 – Delivery. Shipments shall be FOB Destination. The Contractor shall be responsible for all costs associated with the shipments of the supplies.

6.0 CONTRACT ADMINISTRATION DATA

A. Invoicing

Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII).

Invoices shall be submitted via one of the two following methods:

1. By mail: FPS-HQ

DHS, FPS

Financial Operations – Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS-HQ Invoice

2. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov

• The invoice number shall be annotated in the subject line of the e-mail

• Only one (1) invoice shall be submitted per e-mail message

• The invoice attached to the e-mail shall be in Portable Document Format (PDF)

Invoices submitted by other than these two methods will not be processed and will be returned.

The Contractor shall provide an informational copy of each invoice to the Contracting Officer, melissa.stolle@fps.dhs.gov, and the Contracting Officer’s Representative, teddy.e.englandjr@fps.dhs.gov concurrent with submission to the designated billing office referenced above.

In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g)(1), Contract Terms and Conditions – Commercial Items (OCT 2018) the Contractor shall include the following information:

mailto:FPSInvoice.Consolidation@ice.dhs.gov mailto:melissa.stolle@fps.dhs.gov mailto:teddy.e.englandjr@fps.dhs.gov

1. Annotate “FPS-HQ” on the face of each invoice

2. Clearly identify the period of performance for which the services were rendered or the date the supplies were delivered to the Government (invoices for periods of performance that encompass less than a full month of service must show the specific dates that services were rendered).

3. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed in the purchase order.

4. Where there are variances between the requirements cited in the Order and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance.

Contractors shall submit only one invoice per contract or order per month. Failure to comply with these submission requirements will result in rejection of the invoice.

Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3 (12/07)) available at http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-03.pdf or by request to the Contracting Officer.

B. Payments

Payment will be made on a calendar month basis in arrears upon submission of an invoice.

Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of services, whichever is later.

The Contractor is responsible for submitting accurate invoices that reflect the actual services provided each month. Where there are variances between the requirements cited in the Order and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance. The Contractor shall compute the invoice price to reflect the actual service(s) performed. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during contract performance. Submission of false invoices shall be subject to contractual and legal actions.

The Government will only pay for services actually rendered by the Contractor and funded on the Orders. Any inquiries regarding payment shall be directed to the COR and/or CO.

7.0 THE ROLE OF GOVERNMENT PERSONNEL AND ADMINISTRATION

RESPONSIBILITY

A. Contracting Officer (CO)

1. The CO for this RFQ and resultant award is: Melissa Stolle, 215-521-2266;

melissa.stolle@fps.dhs.gov

2. The CO has the overall responsibility for the administration of the contract. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-03.pdf mailto:melissa.stolle@fps.dhs.gov contract terms and conditions; make final decisions on unsatisfactory performance; terminate the contract for convenience or cause; and is final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer’s Representative (COR)

1. The COR for this requirement is: Teddy England, 202-732-0308;

teddy.e.englandjr@fps.dhs.gov

2. The COR is designated to assist the CO in the discharge of his or her responsibilities when he or she is unable to be directly in touch with the work. The responsibilities of the COR and his/her alternate include, but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the DO, acting as the Government's representative in charge of work at the site(s); ensuring compliance with the DO requirements insofar as the actual performance is concerned; advising the Contractor of proposed deductions for non-performance or unsatisfactory performance; and advising the CO of any factors which may cause delay in the performance of work.

3. After award of the contract, the CO will issue a written Delegation of Authority memorandum to the COR that details the scope of duties the COR is authorized to perform and manage. The COR shall not make any decisions regarding the performance of the work under the contract except as outlined in the memorandum. A copy of the memorandum shall be sent to the Contractor.

4. The Contractor shall immediately notify the CO in the event the COR directs the Contractor to perform work that the Contractor believes is not part of the contract or the COR assumes duties not designated in the memorandum. The CO will then make a determination as to the issue and respond to all affected parties in the most appropriate manner deemed necessary.

SPECIAL CONTRACT REQUIREMENTS

01. DISCLOSURE OF INFORMATION

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. However, marking of items will not necessarily preclude disclosure. All FOIA requests for procurement material will be handled according to agency procedures at 6 CFR Part 5, Subpart B.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this effort and must not be divulged or made known in any manner to any person except as may be necessary in the performance of this requirement.

(c) In performance of this effort, the Contractor assumes responsibility for the protection and confidentiality of Government records and must ensure that all work performed by its mailto:teddy.e.englandjr@fps.dhs.gov subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641, Public Money, Property or Records. That section provides in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine as prescribed by Section 641, or imprisoned up to ten years, or both.

02. PERSONALLY IDENTIFIABLE INFORMATION (PII)

(a) The Contractor is responsible for submitting in a secure manner all PII generated and/or used in the execution of the public affairs support services efforts within the SOW included herein.

Specifically, establishing, managing and/or maintaining all PII herein shall be done so in a secure manner, to include but not limited to:

i. Password protection or encryption via e-mail with the password provided out of band;

ii. Coordinating the receipt of a fax prior to sending the fax; and

iii. Using a tracking mechanism for packages that are physically mailed

(b) The Contractor agrees to immediately, and in no event later than one hour after discovery, report any actual or suspected breach of PII to the COR and CO. Suspected breaches of PII include, but are not limited to, loss of control, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access whether physical or electronic. The Contractor is responsible for positively verifying that notification is received and acknowledgement by at least one of the foregoing Government parties.

(c) The Contractor shall have in place procedures and the capability to promptly notify any individual whose PII was, or is reasonably believed to have been, breached, as determined appropriate. The method and the content of any notification by the Contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk analysis conducted by the Government in accordance with DHS Privacy incident handling guidance.

Notification shall not proceed unless the Government has determined that:

i. Notification is appropriate; and

ii. Notification would not impede a law enforcement investigation or jeopardize national security

(d) Subject to Government analysis of the breach and the terms of its instructions to the Contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. A minimum a notification shall include:

i. A brief description has to how the breach occurred;

ii. A description of the types of personal information involved in the breach

iii. A statement as to whether the information was encrypted or protected by other means;

iv. Steps an individual may take to protect themselves;

v. What is being done to investigate the breach, to mitigate losses and to protect against further breaches; and

vi. Provide point of contact information identifying who affected individuals may contact for further information

(e) In the event that a PII breach occurs as a result of the violation of a term or condition of this effort by the Contractor or its employees, the Contractor shall, as directed by the CO and at no additional cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed twelve (12) months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor shall be responsible for reimbursing the Government for those expenses.

03. ADVERTISING, PUBLICIZING AWARDS and NEWS RELEASES

All press releases or announcements about agency programs, projects and contract awards need to be cleared by the Program Office and the CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services or equipment furnished pursuant to the provisions of this effort in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the CO.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

CONTRACT CLAUSES

The following clauses from the Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) are incorporated.

FAR 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 address:

http://www.acquisition.gov/far/

NUMBER TITLE/DATE

FAR Clauses

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.242-15 Stop Work Order (AUG 1989)

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items

FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(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.]

_X (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. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _X (14) (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.

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 2021) of 52.219-9.

__ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

_X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (35) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 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.)

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

_X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

_X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

(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…