Draft RFP STC PRD 14APR20_Final.pdf

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70RWMD20R00000003 - Securing the Cities (STC) Personal Radiation Detectors (PRD)
Solicitation number
70RWMD20R00000003
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This draft request for proposal from the Department of Homeland Security seeks to establish multiple award indefinite delivery, indefinite quantity contracts for personal radiation detectors and associated training to support the Securing the Cities program. The anticipated requirements include a minimum of 3 and maximum of 5 contract awards for personal radiation detectors, accessories such as holsters and cables, operator and maintenance training, and a 5-year ordering period. Interested vendors are requested to provide feedback on the draft RFP by April 28th, and the agency plans to host a pre-solicitation conference on May 5th to discuss requirements and address questions.

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70RWMD20R00000003 SF30_P00001 05AUG20_FE.pdf PDF
Attachment 4 - Bailment Agreement- 05AUG20.pdf PDF
Government Response to Questions - STC PRD RFP P00001 05AUG20.pdf PDF
Attachment 2 - IDIQ_Pricing_Template.xlsx XLSX spreadsheet
RFP STC PRD.pdf PDF
Attachment 1 - Requirements.pdf PDF
Attachment 6 - NDA Template 70RWMD20R00000003 STC PRD.pdf PDF
SF1449 RFP 70RWMD20R00000003.pdf PDF
Attachment 3 - IDIQ_Pricing_Template_Weighted Evaluated Price.xlsx XLSX spreadsheet
Attachment 5 - STC PRD Questions Template.xlsx XLSX spreadsheet
Attachment 4 - Bailment Agreement.pdf PDF
CRB CONTINUATION OF SF1449 - 70RWMD20R00000003 STCPRD.pdf PDF
Govt Response to Draft STC PRD Questions_70RWMD20R00000003 P00002.xlsx XLSX spreadsheet
Govt Response to Draft STC PRD Questions_70RWMD20R00000003 P00001.pdf PDF
Govt Response to Draft STC PRD Questions_70RWMD20R00000003 12MAY20.pdf PDF
STC PRD pre-solicitation conference_05MAY20.pdf PDF
DRAFT SF1449 RFP 70RWMD20R00000003_P00001_14APR20.pdf PDF
Draft Attachment 1 - Requirements_06APR20.pdf PDF
Draft Attachment_2 - IDIQ_Pricing_Template_13APR20.xlsx XLSX spreadsheet
DRAFT SF1449 RFP 70RWMD20R00000003_14APR20_FINAL.pdf PDF
Draft Attachment_3 - IDIQ_Pricing_Template_Total Evaluated Price 13APR20.xlsx XLSX spreadsheet
Draft Attachment 6 - NDA Template 70RWMD20R00000003 STC PRD.pdf PDF
Draft Attachment 5 - STC PRD Questions Template.xlsx XLSX spreadsheet
Draft Attachment 4 - Bailment Agreement 14APR20.pdf PDF
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DRAFT REQUEST FOR PROPOSAL NO. 70RWMD20R00000003

for

THE DEPARTMENT OF HOMELAND SECURITY

COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE

PERSONAL RADIATION DETECTORS

FOR SECURING THE CITIES

DHS Office of Procurement Operations 245 Murray Lane, SW

Mailstop #0115 Washington, D.C. 20528DRAFT

(Intentionally left Blank)

DRAFT

Table of Contents

Contents

SECTION I – Supplies or Services and Pricing/Cost

Type of Contract

Contract Term

1.1 Contract Coverage

1.2 General Description

1.3 Contract Minimum/Maximum

1.4 Contract Pricing

1.5 Contract Line Item Number (CLIN) Structure

SECTION II – DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

2.1 Background

2.2 Mission and Objectives

2.3 Mission Need

2.4 Specific Requirements/Tasks

PRE-SOLICITATION CONFERENCE NOTICE: ............................................... Error! Bookmark not defined.

2.4.1 Personal Radiation Detectors

2.4.2 Training

2.4.3. Warranties

SECTION III - PACKAGING AND MARKING

3.1 Packaging, Packing, and Marking

3.2 Environmental Considerations

3.3 Branding / Marking

SECTION IV – INSPECTION AND ACCEPTANCE

4.1 Clauses Incorporated by Reference FAR 52.252-2 (FEB 1998)

4.2 Inspection and Acceptance Official

SECTION V – DELIVERABLES OR PERFORMANCE

5.1 Order Term

5.2 Period of Performance

5.3 Method of Shipment

5.4 Place of Task or Delivery

5.5 Partial Task or Delivery and Acceptance

5.6 Deliverables and Delivery Schedule

Deliverable

Date Required

Post Award Conference

See Section 7.8

Training Material

As specified in task/delivery order ............................................................... Error! Bookmark not defined.

IDIQ Report

As Requested. See Section 7.1

5.7 Clauses Incorporated by Reference FAR 52.252-2 (FEB 1998)

SECTION VI – CONTRACT ADMINISTRATION DATA

6.1 Authorized Users

6.2 Contracting and Administrative Authority

6.2.1. Contracting Officer

6.2.2 Contracting Officer’s Representative (COR)

6.2.3 Definitions

6.3 CO and COR Contact Information

6.4 Electronic Funds Transfer Payment Requirements

6.5 Invoices

SECTION VII – SPECIAL CONTRACT REQUIREMENTS

7.1 Reporting Requirements

7.2 Ordering Procedures

7.3 Orders

7.4 Unauthorized Work

7.5 Equipment Modifications/Substitution under Issued Orders

7.6 Information Security Requirements

7.7 Enterprise Architecture Requirements

7.8 Post-Award Conference

7.9 Software, Firmware, or Hardware Changes

SECTION VIII – CONTRACT CLAUSES

8.1 Clauses Incorporated By Reference and Clauses Incorporated in Full Text

8.2 Clauses Incorporated By Reference and Clauses Incorporated in Full Text FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2020)

FAR 52.216-18 Ordering (Oct 1995)

FAR 52.216-19 Order Limitations (Oct 1995)

FAR 52.216-22 Indefinite Quantity (Oct 1995)

52.219–32 Orders Issued Directly Under Small Business Reserves (MAR 2020)

FAR 52.223-7 Notice of Radioactive Materials (Jan 1997)

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases. (Sep 2012)

HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

HSAR 3052.209-72 Organizational Conflict of Interest (Jun 2006)

HSAR 3052.209-73 Limitation of Future Contracting (Jun 2006)

HSAR 3052.242-72 Contracting Officer's Technical Representative (Dec 2003)

HSAR CLASS DEVIATION 15-01

SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015)

SECTION IX – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

(This section will be removed after award.)

9.1 Proposal Submission

9.2 Communications and Questions

9.3 Proposal Validity Period

9.4 Format and Instructions for Proposal Submission

Proposal Cover/Transmittal Letter

9.4.1 Notification to Offerors of Contractor Support Services in Support of the Selection Process

9.4.2 Volume I – Technical Proposal

9.4.3 Volume II – Price Proposal

SECTION X – EVALUATION AND AWARD (This section will be removed upon award.)

10.1 EVALUATION CRITERIA AND BASIS FOR AWARD

10.1.1 Basis for Award

10.1.2 Evaluation Factors for Award

10.1.3 Evaluation Process

SECTION XI – LIST OF ATTACHMENTS

STANDARD FORM 1449

Personal Radiation Detector (PRD) Request For Proposal Section I – Supplies or Services and Price/Cost

RFP No. 70RWMD20R00000003

CONTINUATION OF SF 1449, BLOCK 10

SECTION I – Supplies or Services and Pricing/Cost

Type of Contract

This is a Multiple Award Firm Fixed Priced Indefinite Delivery, Indefinite-Quantity (IDIQ) contract for Personal Radiation Detectors (PRD) to be established with Offerors at a minimum of 3 and maximum of 5 PRD awards. This contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items.

Contract Term

The term of the contract(s) will be a five-year ordering period.

1.1 Contract Coverage

The purpose of the contract is to provide DHS with the ability to purchase PRDs, accessories and training courses, including Operator/User, Train-the-Trainer, and Maintenance technician training.

1.2 General Description

The contractor shall supply devices as described in Section II.

1.3 Contract Minimum/Maximum

(a) The minimum guaranteed amount for this entire IDIQ contract is 10% or more of the initial task order.

It is the Government’s intent to split the total quantity among all the IDIQ awardees with a minimum order of 10%, with greater percentages of the order awarded to the lowest priced awardees.

(b) The specific products and quantities will be identified on each Order. The Government has no contractual obligation to issue Orders beyond the guaranteed minimum specified in paragraph (a) above.

(c) The total value of all Orders awarded, including orders issued and minimum contract amounts shall not exceed 20,000 units. If more than one IDIQ contract is awarded as a result of this Solicitation, the Government shall establish the maximum amount specific to each IDIQ contract based on the projected need for devices and services, however, the cumulative value of all awarded contracts will not exceed TBD.

Competition will be promoted to the maximum extent practicable through full and open competition.

However, the government is reserving the right to make an award to a small business concern identified at 19.000(a)(3) eligible for participation in accordance with FAR 52.219-31 Notice of Small Business Reserve. The initial competition will establish a multiple award IDIQ contract with a minimum of 3 and

Personal Radiation Detector (PRD) Request For Proposal Section I – Supplies or Services and Price/Cost maximum of 5 PRD contract awards. Task order awards for the first year will be based on proposed pricing in the RFP proposal submissions.

Personal Radiation Detector (PRD) Request For Proposal Section I – Supplies or Services and Price/Cost

It is the Government’s intent to hold annual price competitions (task order competitions) and split the total annual quantity among all the IDIQ awardees. After the initial task order, each subsequent year all IDIQ holders will be given an opportunity to submit revised pricing for that year’s task order to capture cost/price reductions. Prices at each quantity cannot be increased from what’s identified in the contractors IDIQ contract, only lowered or remain the same. The government intends to award each year a minimum order of 10% to all IDIQ holders, with greater percentages of the order awarded to the lowest priced contractors.

1.4 Contract Pricing

Firm Fixed Price (FFP) orders will be placed under the resulting multiple award contract. The fixed unit prices on which orders will be based are contained in Attachment 2, IDIQ Pricing Template.

1.5 Contract Line Item Number (CLIN) Structure

For the purpose of the IDIQ contract(s), the CLINs are listed in Attachment 2, IDIQ Pricing Template.

(End of Section I)

Personal Radiation Detector (PRD) Request For Proposal. Section II – Description/Specifications/Statement of Work

SECTION II – DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

INTRODUCTION

2.1 Background

The Countering Weapons of Mass Destruction (CWMD) Office is an agency within the Department of Homeland Security. The CWMD Office is responsible for coordinating with other Federal efforts and developing a strategy and policy for the Department to plan for, detect, and protect against the importation, possession, storage, transportation, development, or use of unauthorized chemical, biological, radiological, or nuclear materials, devices, or agents in the United States and to protect against an attack using such materials, devices, or agents against the people, territory, or interests of the United States.

2.2 Mission and Objectives

The CWMD Office is the primary entity responsible for procuring radiological/nuclear detection systems for DHS; coordinating the development of the Strategic Plan across Federal, State, Territorial, Tribal, and local stakeholders; and executing the Implementation Plan for expanding the prevention, detection, and identification capabilities.

2.3 Mission Need

CWMD has a total potential requirement for up to 100,000 Personal Radiation Detectors (PRD) over 10 years in support of State, Tribal, and Territorial, and Local agencies.

PRDs automatically monitor the environment and alert the user when radiation levels above the background are detected. PRDs also assist the user in localizing the source of detected radiation. The high sensitivity and rapid response time to the variations in the ambient radiation levels clearly distinguish PRDs from the family of electronic dosimeters which are mainly used for accurate dose and dose rate.

2.4 Specific Requirements/Tasks

2.4.1 Personal Radiation Detectors

The contractor shall provide a Commercially Off The Shelf (COTS) PRD meeting the requirements in Attachment 1(Requirements), to include at least a two-year warranty, and any ancillary support equipment (to include, but not limited to, power cable, sync cable, user manuals, and software).

Personal Radiation Detector (PRD) Request For Proposal. Section II – Description/Specifications/Statement of Work

The following are to be included in the purchase of a PRD:

• PRD

• 2-year warranty

• Carrying case/holster/attachment method

• Any accessory necessary for basic operation and maintenance of the device

• Operator manual in the form of a smart phone application.

The contractor will update the Operator Manual (smart phone application) based on feedback from users, as needed.

The contractor shall deliver PRDs with Government-approved inventory control stickers adhered to the PRDs and with a CD containing completed relevant sections of a bulk upload inventory spreadsheet.

SEE ATTACHMENT 1 – Requirements

2.4.1.1 Accessories

The contractor shall provide a list of all accessories associated with the PRD, including different type of holsters, USB Cables, Car Chargers, etc. that are available. The contractor must indicate in their proposals if there are certain accessories that are necessary to maintain the proper functioning and field calibration/maintenance of PRDs. See Section 9.4 for further details.

2.4.2 Training

The contractor shall provide training to include Operator/User Training, Train-the-Trainer Training, and Maintenance Technician Training. The contractor shall be responsible for providing hard copy materials to the classes, as well as electronic copies. The contractor shall provide training instruction and material suitable to support the ability of local agencies to perform basic maintenance of the PRD equipment. All training classes shall include up to 25 students.

Operator/User Training and Train-the-Trainer Training

The training shall include basic functions, use, and maintenance of the PRD including, but not limited to:

• Power on/put into operation,

• Set/change user adjustable parameters,

• Monitor system status,

• Recognize and understand alarms/notifications (specifically address gamma and neutron detection alerts and safety alarms),

• Response in variable/changing backgrounds, operating the device in maritime environments with very low background levels

• Localize a source a radiation using the PRD,

• Power down,

• Basic user level maintenance including changing batteries.

Personal Radiation Detector (PRD) Request For Proposal. Section II – Description/Specifications/Statement of Work

Training shall include a quiz covering topics presented.

Each session shall include up to 25 students. Training shall be conducted at a locations to be specified when required.

Additionally, the Train-the-Trainer training will provide detailed instruction to enable attendees to become expert on the use of the PRD so they can use the provided training materials and train other personnel.

Maintenance Technician Training

See Attachment 1, SL-31.

The contractor shall provide one day (8 hours) of training for up to 25 students on the basic repair and maintenance of the PRD. User will be trained to conduct basic maintenance (pre-operational checks, battery exchange, cleaning, etc). Topics include but are not limited to:

• Repair and replacement of basic parts (buttons, rubber sleeves, battery covers, plugs, display faces, etc.)

• Use of PRD set up software

• Use of any related field calibration kits

Each session shall include up to 25 students. Training shall be conducted at locations to be specified when required, but for planning and proposal purposes assume training will occur in Denver, Colorado.

Training Materials

Training materials shall include: PowerPoint presentation used to facilitate the training, user manuals and quick start guides for operation of the PRD and any required software. For maintenance technician training, the contractor shall also include: maintenance manuals, troubleshooting guides and repair part parts lists as appropriate. Training materials may also include handbooks and/or downloads, quick start guides, reference guides, necessary software, etc.

Government Review and Approval of Training Content and Material

The contractor shall provide to the government draft copies of maintenance training materials 45 days prior to scheduled training. Government shall review and provide feedback to the contractor within 14 days after receipt of draft. Within 14 days of receiving initial government feedback, the contractor shall prepare a final draft for review and provide to government for final approval no later than 14 days prior to conduct of the first training class. The contractor shall provide final version of training materials in electronic copy to government prior to conduct of the training class. As part of the training classes, the contractor shall provide copies of all training materials to each student attending the training. Government reserves the right to use and modify training materials provided under this effort to train personnel deploying or maintaining the PRD.

Personal Radiation Detector (PRD) Request For Proposal. Section II – Description/Specifications/Statement of Work

Interactive manual and training:

Offeror’s are instructed to provide the smart phone applications required by SL-27 and 28 with their device(s) as part of their proposal submission.

See Attachment 1, SL-28 and SL-29. The contractor shall provide a smart phone interactive manual and training for use on Android 8.0 and higher. This includes the ability to record and track student training and test scores taken via the interactive smart phone application.

The curriculum for the instructional manual/smart phone basic training app must include the following:

1. Students will understand capabilities of the PRD and employment parameters.

2. Students will demonstrate how to perform an operations check on the PRD.

3. Students will demonstrate how to turn On the PRD.

4. Students will demonstrate how to verify battery status/change batteries on the PRD.

5. Students will demonstrate how to adjust the volume control of the PRD.

6. Students will demonstrate how to acknowledge alarms on the PRD.

7. Students will understand all alarm indicators and know the necessary actions to take in response to each.

8. Students will understand how each alarm indication relates to personal safety levels.

9. Students will demonstrate how to turn Off the PRD.

10. Students will demonstrate search techniques using the PRD.

11. Students will understand how and when to use a Locate or Search Mode of the PRD.

2.4.3. Warranties

The contractor shall provide at least a two-year warranty period on all materials and parts and workmanship associated with the PRD and accessories. Return Material Authorization (RMA) is required during the warranty period for all repairs by the contractor. The contractor is responsible for the cost of shipping associated with all warranty work.

The warranty on corrective repairs shall include all shipping costs to and from the designated equipment maintenance and repair center. The contractor shall be responsible for all warranty repair costs associated with labor, parts, components, devices, packing, handling, shipping, and other costs. If any component of the PRD is found to be regularly unable to perform to the requirements, the contractor is responsible for replacing the component in all affected devices. The warranty period starts upon acceptance by the end-user of the device (i.e., when the Material Inspection and Receiving Report (Form 700-21) is signed). Acceptance will be formally provided to the contractor by the Government.

(End of Section II)

Personal Radiation Detector (PRD) Request For Proposal

Section III – Packing and Marking

SECTION III - PACKAGING AND MARKING

3.1 Packaging, Packing, and Marking

Products shall be packaged, packed, and marked in accordance with the contractor’s standard commercial practices. The contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government. The contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the goods enclosed (manufacturer name, model number, serial number), and the customer point of contact. Individual orders will identify specific shipping instructions, task or delivery locations, and other necessary information.

3.2 Environmental Considerations

The contractor shall use (where possible) packing materials that have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and / or dyed, and materials that both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

3.3 Branding / Marking

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

As a matter of law, Federal criminal statutes prohibit unauthorized uses 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 any way an endorsement of a product, company, or technology.

Requests to use the DHS seal shall be submitted using DHS Official Seal Usage Approval, available from the COR. The Comments section should be used to describe why use of the seal is being requested, and how it will be used. Completed forms should be sent via e-mail to the DHS Director of New Media & Web Communications, and to the CO, with a copy to the COR.

All information submitted to the CO or COR by the contractor shall clearly indicate the:

1) Name and business address of the contractor

2) Contract Number

3) Order Number for which the information is being submitted.

(End of Section III)

Personal Radiation Detector (PRD) Request For Proposal Section IV – Inspection and Acceptance

SECTION IV – INSPECTION AND ACCEPTANCE

4.1 Clauses Incorporated by Reference FAR 52.252-2 (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:

www.acquisition.gov/far.

FAR Clause Number Clause Title and Date

52.246-2 Inspection of Supplies – Fixed Price (Aug 1996) 52.246-16 Responsibility for Supplies (Apr 1984)

4.2 Inspection and Acceptance Official

Inspection and acceptance of all work performed under this contract shall be by the Contracting Officer or a duly authorized representative.

(End of Section IV) http://www.acquisition.gov/far

Section V – Deliverables or Performance

SECTION V – DELIVERABLES OR PERFORMANCE

5.1 Order Term

Orders issued under this contract are not coterminous; that is, they do not all have common start and end dates, but may be issued at various times as needed throughout the contract term.

5.2 Period of Performance

The IDIQ shall consist of a five (5)-year ordering period.

Task Orders may be placed at any time during the 5-year contract period. Under no circumstances may an order be placed under the basic contract if the basic contract has expired or has been terminated or canceled by the Government.

The period of performance shall be specified in each Order and may be up to twelve (12) months beyond the expiration of the basic contract.

5.3 Method of Shipment

The contractor shall use industry best commercial practices.

5.4 Place of Task or Delivery

All goods ordered under this contract shall be shipped F.O.B. Destination within Consignees Premises, unless otherwise specified on individual orders.

5.5 Partial Task or Delivery and Acceptance

Partial deliveries will be allowed solely at the discretion of the Government. In the event the Government determines that partial deliveries are allowable, the order must specifically state that they are allowable. If the contractor is granted partial shipment authorization, the original packing slip shall clearly identify those items not shipped. The balance of the order shall also be accompanied by packing slip(s) and shall clearly indicate that the shipment(s) constitutes the balance of the original order.

Section V – Deliverables or Performance

5.6 Deliverables and Delivery Schedule

Deliverable Date Required Post Award Conference See Section 7.8 Training Material 45 days prior to scheduled training IDIQ Report As Requested, See Section 7.1

5.7 Clauses Incorporated by Reference FAR 52.252-2 (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:

52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 52.247-35 F.O.B. Destination Within Consignee’s Premises (Apr 1984)

(End of Section V)

Section VI – Contract Administration Data

SECTION VI – CONTRACT ADMINISTRATION DATA

6.1 Authorized Users

CWMD is the only authorized user of the entire IDIQ contract. CWMD will place orders on behalf of DHS Components and other agencies.

6.2 Contracting and Administrative Authority

The following subsections describe the roles and responsibility of individuals who will be the primary points of contact for the Government on matters regarding contract administration. The Government reserves the right to unilaterally change any of these individual assignments at any time.

6.2.1. Contracting Officer

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO. In the event the contractor effects any change at the direction of any person other than the CO, including any change beyond the scope of authority given to the duly authorized COR identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract cost to cover any increase in charges incurred as a result thereof. The CO has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

6.2.2 Contracting Officer’s Representative (COR)

The COR is responsible for administering the performance of work under this contract. IN NO EVENT, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed in writing by the Contracting Officer prior to completion of the contract.

6.2.3 Definitions

• Administrative Contracting Officer (ACO): The Government representative with overall responsibility for ensuring the successful performance and completion of the contact (See Section 6.2.1); also referred to in this document simply as the Contracting Officer.

• Contracting Officer’s Representative (COR): The individual, including a Contracting Officer’s Technical Representative (COTR) (See Section 6.2.2), designated and authorized in writing by the Contracting Officer (CO) to perform specific technical or administrative functions.

• Procuring Contracting Officer (PCO): The Government representative with the authority to enter into, administer, and / or terminate contracts and make related determinations and findings (See Section 6.2.3). The term includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer; also referred to in this document simply as the Contracting Officer.

• Subcontract: Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the contractor or subcontractor at any tier.

• Task Order: An order issued by a DHS procurement office to the contractor in accordance with the terms and conditions of the IDIQ contract requesting task services.

• Delivery Order: An order issued by a DHS procurement office to the contractor in accordance with the terms and conditions of the IDIQ contract requesting supplies/ commodities or the delivery of the product at an agreed to place and time.

6.3 CO and COR Contact Information

The IDIQ Level Contracting Officer is:

Name: Annemarie Spence Address: MGMT / OPO / CWMD / Mailstop 0115 U.S. Department of Homeland Security Office of Procurement Operations

245 Murray Lane, S.W.

Washington, DC 20528-0115

Telephone: (202) 447-0626 Email: annemarie.spence@hq.dhs.gov

The COR is:

Name: TBD Address: MGMT / CWMD / Mailstop 0115

U.S. Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528-0115

Telephone:

Email:

6.4 Electronic Funds Transfer Payment Requirements

FAR 52.232-33, PAYMENTS BY ELECTRONIC FUNDS TRANSFER—CENTRAL

CONTRACTOR REGISTRATION, is included in this solicitation / contract. All contractor payments will be made by electronic funds transfer (EFT) unless accepted or otherwise determined by the paying office designated in the contract.

The contractor must initiate enrollment in EFT by contacting the paying office designated in the contract and requesting form SF 3881, Automated Clearing House (ACH) contractor/Miscellaneous Payment Enrollment Plan. This form must be completed by the contractor and their financial institution and returned to the paying office. The paying office will complete the process and notify the contractor that EFT enrollment is complete. All payments under this contract will be held until the contractor provides the required EFT enrollment information.

6.5 Invoices

Invoices shall be prepared in accordance with FAR Clauses 52.232-25 Prompt Payment and 52.232-1, Payments. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include, at a minimum, the following information:

a) Name and address of the Contractor;

b) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.);

c) IDIQ number, Order number, and period of performance or other authorization for supplies delivered or services performed (including the IDIQ Order contract line item number);

d) The associated CLIN, dollar amount invoices per CLIN, and description;

e) The current amount billed along with a cumulative amount billed to date and the remaining balance;

f) Description of services to include each specific item delivered;

g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice;

Invoices shall be submitted no more than once per month and shall be received no later than the 5th of each month (or as otherwise approved by the COR) following the services provided.

The Contractor shall submit the invoice electronically to the address below:

E-mail: FIN-SMB-CWMDInvoices@uscg.mil

The Contractor can obtain status of each invoice by calling or e-mailing to:

USCG FINCEN Customer Service Call: 1-800-564-5507 or 757-523-6940 Website: http://www.fincen/uscg.mil/vendorinfor.htm mailto:FIN-SMB-CWMDInvoices@uscg.mil

The Contractor shall simultaneously provide an electronic copy of the invoice to the designated IDIQ Order COR, IDIQ Order Contracting Officer, and IDIQ Order Contract Specialist.

(End of Section VI)

Personal Radiation Detector (PRD) Request For Proposal Section VII – Special Contract Requirements

SECTION VII – SPECIAL CONTRACT REQUIREMENTS

7.1 Reporting Requirements

DHS may require reporting and data at the IDIQ contract level as detailed below. Unless otherwise prescribed the contractor shall provide all IDIQ contract level reports to the IDIQ Level CO and COR via email.

The contractor shall provide current and accurate data regarding the description of purchases, the amounts awarded and the components making the awards. The report will be submitted on a as needed basis and transmitted electronically.

A copy of the Orders and Order modifications awarded during the reporting period shall be submitted with the report. The report and attached Order / modification copies shall be submitted via email to the IDIQ Level CO and COR.

7.2 Ordering Procedures

(a) Task or Delivery Orders (TDO) will be issued on a FFP basis.

(b) The proposal shall indicate either compliance with, or exception to, the requirements, risks, and assumptions. Written technical proposals shall address, as appropriate:

1. Proposed goods;

2. Other proposal elements (e.g., shipping, etc.);

3. Task or Delivery terms;

4. Other pertinent data, (e.g., potential conflict of interest issues);

5. Any standards identified in the base contract, and / or any standards identified in the

Order;

(c) The proposal shall include detailed pricing. The contractor is encouraged to propose Order pricing that is lower than originally proposed and established in the IDIQ contract.

(d) Other related information shall always be in writing and shall address relevant information as required by the contract or requested by the TDO RFP. Proposal costs are unallowable as direct costs; they are allowable as indirect (overhead) costs to the extent permitted by FAR 31.205-18.

7.3 Orders

Orders issued under this contract will contain the following information:

(a) Date of order;

(b) Contract number and Order number;

(c) Description, quantity ordered and contract price;

(d) Required Task or Delivery date;

(e) Place of Task or Delivery;

(f) Accounting and appropriation data;

(g) Any other pertinent information such as name and address of the contractor;

(h) Specific billing address for each destination especially for multiple destination orders;

(i) Items for which partial deliveries are acceptable.

7.4 Unauthorized Work

The contractor is not authorized at any time to commence TDO performance prior to the issuance of a signed TDO or other written approval provided by the TDO CO to begin work.

7.5 Equipment Modifications/Substitution under Issued Orders

For Orders issued under the base contract, the contractor shall not substitute equipment or make any modifications to equipment ordered under issued Orders which would result in any change to the contractor model number, part number, or series on deliverable equipment unless authorized in writing by the TDO CO.

7.6 Information Security Requirements

The contractor shall comply with Government program security requirements for safeguarding DHS sensitive information and operational data. Relevant guidance is provided in DHS Management Directive (MD) 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information, and applicable Government program documentation.

contractor products and services must comply with applicable information security policies and security controls of DHS and DHS components to which the contractor products and services are provided / fielded. When DHS and DHS component information security policies and security controls differ, the contractor shall comply with the most restrictive of applicable information security policies and security controls. Applicable information security policies and security controls are determined by results of DHS component information security categorization. Depending on the nature and implementation of Contract provided products and services, applicable controls might include identification and authentication, access control, cryptography, systems engineering life cycle, and configuration management.

The contractor shall provide documentation and technical assistance as required to support validation of product and service compliance with DHS and DHS component information security policies and security controls.

DHS and DHS component information security programs are directed to follow guidelines and policies as outlined DHS MD 140-01, Information Technology Security Program, and associated IT Security Program Publications. For sensitive systems, DHS requirements are detailed in DHS Sensitive Systems Policy Directive 4300A and DHS 4300A Sensitive Systems Handbook. DHS Information security categorization is performed with Federal Information Processing Standards

(FIPS) Publication 199, Standards for Security Categorization of Federal Information and Information Systems, DHS Information Security Categorization Guide, and DHS FIPS 199 Security Categorization Template.

The Government will coordinate the details of DHS and DHS component information security reviews, validations, and authorizations and will determine requirements for supporting contractor documentation and technical assistance.

The contractror shall comply with the latest official versions. Currently (although subject to updating) those are: DHS Sensitive Systems Policy Directive 4300A, Version 10.0, May 20, 2013; DHS 4300A Sensitive Systems Handbook, Version 9.1; DHS Management Directive

11042.1 dated 1/6/2005; FIPS 199 dated February 2004.

7.7 Enterprise Architecture Requirements

The contractor shall ensure that products and services, conform to the applicable enterprise Architecture -- including DHS and DHS component business reference model (BRM), technical reference model (TRM), data reference model (DRM), service reference model (SRM)—of DHS and any DHS component to which the contractor products and services are provided/fielded.

The contractor shall provide documentation and technical assistance to support validation of product and service alignment and compliance with the enterprise architectures of DHS and any DHS component to which the contractor products and services are provided / fielded. The contractor shall also provide documentation and technical assistance, as required to support insertion of contractor provided products and services, as directed by DHS and DHS component architecture governance bodies.

The Government will coordinate the details of DHS and DHS component enterprise architecture governance reviews and insertions and will determine requirements for supporting contractor documentation and technical assistance. Modifications to equipment to ensure TRM compliance is not permitted unless authorized in writing by the IDIQ CO.

7.8 Post-Award Conference

The contractor shall participate in a post-award conference. The contractor will be notified of the exact time and location of the conference not later than seven (7) calendar days prior to the scheduled date of the conference.

The purpose of the post-award conference is to aid both the contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems (See FAR Subpart 42.5).

7.9 Software, Firmware, or Hardware Changes

The contractor shall not develop or install any software, firmware, or hardware changes to the selected device without written concurrence from the government. Any software, firmware, or hardware upgrades or updates to the selected device shall be reviewed and agreed upon by the government utilizing its configuration control process.

(End of Section VII)

Section VIII –Contract Clauses

SECTION VIII – CONTRACT CLAUSES

8.1 Clauses Incorporated By Reference and Clauses Incorporated in Full Text

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 / these address:

52.201-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

52.225-25

Prohibition on Contracting with Entities Engaging in Certain Activities and Transactions Relating to Iran—Representation and Certification (Aug 2018)

52.227-14 Rights in Data – General (May 2014) Alt II (Dec 2007) and Alt V (Dec 2007) 52.227-16 Additional Data Requirements (June 1987) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractor (Dec 2013)

8.2 Clauses Incorporated By Reference and Clauses Incorporated in Full Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2020)

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

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

Personal Radiation Detector (PRD) Request For Proposal Section VIII –Contract Clauses

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(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 items:

[Contracting Officer check as appropriate.]

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

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

3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

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

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

X (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 (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

(v) Alternate IV (Aug 2018) of 52.219-9.

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

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

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

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

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657 f).

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

632(a)(2)).

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

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

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

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

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

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

Alternate I (Feb 1999) of 52.222-26

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

Alternate I (July 2014) of 52.222-35

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

Alternate I (July 2014) of 52.222-36

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

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

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

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

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

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

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

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

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

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

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

X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

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

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

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

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

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

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

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

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

(47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

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

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

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

X (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

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

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

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

(iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

(2) The…

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