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80KSC021R0009-DRAFT

NASA Protective Services Contract-South Region

(NPSC-SR)

Attachment F1

Past Performance Questionnaire

NPSC-SR

Attachment F1- Past Performance Questionnaire 80KSC021R0009-DRAFT

PAST PERFORMANCE QUESTIONNAIRE

This evaluation should be completed by the Contracting Officer (CO) and Contracting Officer Representative (COR), Task Monitor (TM), or other person identified in the contract by the appropriate CO or business manager who monitors the Contractor’s compliance with the requirements of the contract.

In compliance with the direction in the FAR, the information contained in this evaluation is not subject to view by anyone other than the designated source selection evaluation personnel.

INSTRUCTIONS, DEFINITIONS, AND RATING GUIDELINES

Instructions

This evaluation is to be completed as indicated below. For purposes of these evaluations, the term “project” is intended to mean “contract”. This package consists of the following:

Section Description Who completes I Basic contract information Contractor being evaluated II Government /Industry Customer Evaluator identifying information Government /Industry Customer Evaluator

III Contractor Performance Report Government/Industry Customer Evaluator

For each contract selected, one assessment is required by the appropriate CO or COR.

In addition, the Offeror is responsible for completing Section I before forwarding the questionnaire to the appropriate CO for the evaluations required. The Offeror shall request the CO to complete the remainder of the questionnaire and submit the completed questionnaires via email to the address below prior to [Date]. Past Performance Questionnaires will not be accepted directly from the offeror.

Questionnaires shall be sent directly from the offeror’s past performance source via email to KSC-NPSC-SR-Info@mail.nasa.gov. no later than [Date] to Hillary Heard, Contracting Officer.

Any questions you might have concerning completion of this form should be addressed to Hillary Heard at via email to KSC-NPSC-SR-Info@mail.nasa.gov.

SECTION I

BASIC CONTRACT INFORMATION

This section to be completed by Offeror requesting evaluation

1. Contractor Name and Address:

2. Name of prime Contractor/Joint Venture submitting proposal on this effort:

3. This past performance questionnaire is relevant to the following NPSC-SR PWS Scope (Please select all that apply to the offeror being evaluated):

[ ] Information Security and Communications

Security [ ] Emergency Management (Emergency

Preparedness, Emergency Operations, COOP, TT&E)

[ ] PSCC Operations (Emergency Communications Center)

[ ] Resource Protection (Physical Security and Locksmith)

[ ] Security/Security Police Operations (Patrol, Investigations, Traffic Enforcement)

[ ] ICAM (Badging Operations) [ ] Personnel Security (Background

Investigations and Adjudication) [ ] Police Training

4. Contractor DUNS Number:

5. Contractor Cage Code:

6. During the contract performance being evaluated, this firm was a:

[ ] Prime or Team Lead [ ] Team Member [ ] Subcontractor [ ] Other (explain)

If the firm performed work under this contract as a team member or subcontractor, information about the subcontract, in addition to the prime information, shall be provided in the following blocks:

7a. Prime Contract Number:

7b. If the prime contract number is a

BPA or IDIQ, list the TO(s) the team member or subcontracted effort was performed under

7c. Prime Contract Period of Performance:

7d. Team Member or Subcontract Period of

Performance:

8a. Prime Contract Type:

8b. Team Member or Subcontract contract type:

8c. Contract Value (with options):

8d. Team Member or Subcontract contract value:

9. Contract name and description of contract or subcontract requirements.

SECTION II

EVALUATOR IDENTIFYING INFORMATION

To be completed by Government and/or Industry Customer performing the evaluation

1. Evaluator’s Name:

2. Evaluator’s Title:

3. Evaluator’s Email Address:

4. Evaluator’s Phone Number:

5. Evaluator’s Role in Program/Contract:

6. Evaluator’s Length of Involvement in this Contract:

7. Date:

SECTION III

CONTRACTOR PERFORMANCE REPORT

To be completed by Government and/or Industry Customer performing the evaluation

Rating Guidelines

Each criterion should be assigned a rating from the chart below, from highest to lowest, of Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory. If a particular criterion is not applicable, it should be rated in the far-right column as N/A. However, the evaluator is encouraged to provide comments on any rating to further support a particular rating.

Also, please ensure that this assessment is consistent with any other assessments that have been done for the same Contractor for the same work, such as for payment of fee purposes, exercise of option, other past performance requests, etc.

Exceptional Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the Contractor was highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the Contractor was effective.

Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the Contractor appear or were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the Contractor has not yet identified corrective actions. The Contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the Contractor’s corrective actions appear or were ineffective.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52 212-4. FAR 52.212-3 AND 52 212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

See F.1.(a) See F.1.(a)

Same as Block 9

Same as Block 9

See C.1

NASA Protective Services Contract-South Region (NPSC-SR) See Section B

NASA/John F. Kennedy Space Center Procurement Office, Mail Code: OP-OS Kennedy Space Center, Florida 32899

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

NASA Protective Services Contract-South Region (NPSC-SR) See Section B

SECTION A 80KSC021R0009-DRAFT

Table of Contents

SECTION A. STANDARD FORM (SF) 1449

SECTION B. CONTINUATION OF THE SF 1449

SCHEDULE OF SUPPLIES/SERVICES

CONTRACT PRICE LISTS

FAR 52.216-18 ORDERING (AUG 2020)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

TASK ORDERING PROCEDURES

PERIOD OF PERFORMANCE

PLACE OF PERFORMANCE

CONTRACT ADMINISTRATION

SECTION C. CONTRACT CLAUSES

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–

COMMERCIAL ITEMS: TAILORED PARAGRAPHS

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS

(JAN 2021)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

FAR 52.219-17 SECTION 8(A) AWARD (OCT 2019)

FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

PARTICIPANTS (MAR 2020)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

NFS 1852.204-75 SECURITY CLASSIFICATION REQUIREMENTS (SEPT 1989)

NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)

NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

NFS 1852.239-74 INFORMATION TECHNOLOGY SYSTEM SUPPLY CHAIN

RISK ASSESSMENT (DEVIATION 15-03D)

NFS 1852.245–71 INSTALLATION-ACCOUNTABLE GOVERNMENT

PROPERTY (JUN 2018)

NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS (JAN 2017)

NFS 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT

EQUIPMENT (JAN 2011)

NFS 1852.235-71 KEY PERSONNEL AND FACILITIES (MAR 1989)

KEY PERSONNEL MINIMUM QUALIFICATION REQUIREMENTS

NFS 1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED

PURSUANT TO FAR 52.245–1 (JAN 2011)

NFS 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEPT 2017)

POLICY DIRECTIVES, PROCEDURES, AND REQUIREMENTS

DATA REQUIREMENTS LIST (DRL)

GOVERNMENT'S RIGHT TO INFORMATION INCIDENTAL TO CONTRACT

ADMINISTRATION

KSC SPECIFIC CLAUSES

JSC SPECIFIC CLAUSES

WSTF/WSC SPECIFIC CLAUSES

MSFC/MAF SPECIFIC CLAUSES

SECTION D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

SECTION E. SOLICITATION PROVISIONS

FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION. (OCT 2020)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(AUG 2020)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-

COMMERCIAL ITEMS (FEB 2021) ALTERNATE I (OCT 2014)

FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)

ALTERNATE I (SEP 2015)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

NFS 1852.245–81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN 2011)

SECTION F. PROPOSAL INSTRUCTIONS

CONTINUATION OF SF 1449 BLOCK 7

CONTINUATION OF SF 1449 BLOCK 8

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN

2020)

ADDENDUM TO FAR 52.212-1 OFFERORS-COMMERCIAL ITEMS (JUN 2020):

TAILORED PARAGRAPHS

NFS 1852.215-81 PROPOSAL PAGE LIMITATIONS (APR 2015)

REQUIREMENTS FOR PROPOSAL CONTENT

EVALUATION FACTORS FOR AWARD

SECTION B 80KSC021R0009-DRAFT

SECTION B. CONTINUATION OF THE SF 1449

(a) The Contractor shall provide all services, facilities, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to provide protective services in accordance with the attachments, exhibits, and documents specified in Section D, and as specified in task orders for additional services pursuant to B.6 Task Ordering Procedures.

(b) All work performed shall be initiated through task orders issued in accordance with B.3 FAR 52.216-18 Ordering; B.4 FAR 52.216-19 Order Limitations; and B.6 Task Ordering Procedures, and subject to the terms and conditions of this contract. Task orders shall be subject to NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract).

(c) The total guaranteed minimum amount of services to be ordered under this contract is the sum of contract line item numbers (CLINs) X00XX.0 specified in B.2.1 Baseline Services, where “X” represents the location and “XX” represents performance work statement sections 01, 02, 03 … through 10. The guaranteed minimum applies only if the contract expires or is terminated for the Government’s convenience. The guaranteed minimum does not apply if the contract is terminated for cause.

(d) The maximum amount of work which may be required under this contract is the sum of all CLINs listed in B.2.1 Baseline Services (for the base contract period and all option periods), plus $22,500,000, which represents the maximum value (base contract period and all option periods) for issuance of task orders that use the B.2.2 IDIQ Unit Rates and B.2.3 IDIQ Hourly Rates contract price lists.

(e) B.2 Contract Price Lists identifies three methods for pricing task orders:

(1) Issuance of task orders for baseline services at the fixed price for the respective contract period as specified in B.2.1 Baseline Services.

(2) Issuance of task orders for indefinite-delivery indefinite-quantity (IDIQ) services using the fixed-price, fully-burdened unit rates specified in B.2.2 IDIQ Unit Rates.

(3) Negotiation and issuance of task orders for IDIQ services priced in accordance with the fixed, fully-burdened hourly rates specified in B.2.3 IDIQ Hourly Rates.

(f) Except as may be expressly stated in this contract, all contract period prices and fully-burdened unit and hourly rates include all wages, fringe benefits, general and administrative, overhead, profit, and any other direct and indirect costs including, but not limited to, workforce training and certifications/recertifications, materials, tools, equipment, vehicles, transportation, and internal work processes.

(End of clause)

CONTRACT PRICE LISTS

B.2.1. BASELINE SERVICES

This clause sets forth the fixed prices by contract year for performance and supply of all services, facilities, and resources (except as may be expressly stated in this contract as furnished by the Government) necessary to provide protective services in accordance with the attachments, exhibits, and documents specified in Section D.

Table B.2.1 Baseline Services

[The Government will complete Table B.2.1 with the offeror’s pricing proposed in Attachment F2, NPSC-SR Price Proposal Template.]

B.2.2. IDIQ UNIT RATES

This clause sets forth the fixed-price, fully-burdened unit rates to be used by the Government in ordering additional requirements as needed. Because of the uncertainties involved with IDIQ work, there is no stated minimum or maximum quantities for each CLIN and no future adjustments to CLIN prices, increase or decrease, will be made as a result of ordering.

Table B.2.2 IDIQ Unit Rates

[The Government will complete Table B.2.2 with the offeror’s pricing proposed in Attachment

B.2.3. IDIQ HOURLY RATES

This clause sets forth the fixed, fully-burdened hourly labor rates to be used by the Government in negotiating and ordering additional requirements as needed.

Table B.2.3 IDIQ Hourly Rates

[The Government will complete Table B.2.3 with the offeror’s pricing proposed in Attachment

B.2.4. CUMULATIVE VALUE OF TASK ORDERS

The table below lists the task orders issued in accordance with B.1 Schedule of Supplies/Services. This table will be updated periodically by the Contracting Officer.

Table B.2.4 Cumulative Value of Task Orders

Center Task Order No. Award Date CLIN CLIN Total

FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from: see B.7 Period of Performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $35 million;

(2) Any order for a combination of items in excess of $50 million; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after March 30, 2027.

TASK ORDERING PROCEDURES

B.6.1. BASELINE SERVICES AND IDIQ UNIT RATES

(a) At any time during the performance of this contract, the Government may unilaterally issue task orders for CLINs provided under B.2.1 Baseline Services and B.2.2 IDIQ Unit Rates.

Only a Contracting Officer may issue task orders for services under this contract.

(b) The Government has defined the overall requirements of each CLIN identified in B.2.1 Baseline Services and B.2.2 IDIQ Unit Rates. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(c) At a minimum, a task order will contain the following information:

(1) Effective date of the order

(2) Contract number and order number

(3) CLIN and description

(4) Unit price

(5) Number of units ordered

(6) Total amount of the order

(7) Period of performance

(8) Accounting and appropriation data

(d) The contractor shall provide acknowledgment of receipt of the order to the Contracting Officer within 1 business day after receipt of the order.

(e) The Contracting Officer may modify task orders in the same manner in which they were issued. A modification to increase the quantity of unit rates may be done prior to the need for work on a given task order.

(f) In the event of a conflict between the requirements of a task order and the contract, the contract shall prevail.

B.6.2. IDIQ HOURLY RATES

Task orders priced in accordance with the rates specified in B.2.3 IDIQ Hourly Rates are subject to the ordering procedures specified in B.6.3 NFS 1852.216-80 Task Ordering Procedure, Alternate II.

B.6.3. NFS 1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) ALTERNATE II

(APR 2018)

(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within two business days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order.

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task.

(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

(7) Delivery/performance schedule including start and end dates.

(8) If contract funding is by individual task order, accounting and appropriation data.

(e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer within one calendar day after receipt of the task order.

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The Contracting Officer may amend tasks in the same manner in which they were issued.

(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.

(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:

(1) Contract number, task order number, and date of the order.

(2) Price and billed amounts to date for each task order.

(3) Significant issues/problems associated with the task order.

(4) Status of all task order issued under the contract.

(5) Invoice number.

PERIOD OF PERFORMANCE

(a) The period of performance of this contract is as follows:

Base Period: December 1, 2021, through September 30, 2023 Option Period 1: October 1, 2023, through September 30, 2024 Option Period 2: October 1, 2024, through September 30, 2025 Option Period 3: October 1, 2025, through September 30, 2026

(b) The period of performance dates are subject to change and are based on the assumption that the successful offeror will commence performance under this contract on December 1, 2021.

If the Government revises the contract start date or suspends performance prior to contract start, then the period of performance will be adjusted by the number of calendar days that performance was revised or delayed, except to the extent that the delay in performance results from the failure of the contractor to execute the contract. Unless otherwise directed by the Contracting Officer, nothing in this clause shall relieve the contractor from commencement of performance under this contract on December 1, 2021, nor shall the potential period of performance of this contract exceed five years, except as permitted under FAR 52.217-8. The contractor shall be entitled to an equitable adjustment to the extent that the contract value and associated fee is affected by a revised performance start date.

PLACE OF PERFORMANCE

Services to be performed under this contract shall be performed at the following locations:

Kennedy Space Center (KSC), Johnson Space Center (JSC), White Sands Test Facility/White Sands Complex (WSTF/WSC), Marshall Space Flight Center (MSFC), Michoud Assembly Facility (MAF), Stennis Space Center (SSC), and such other places of performances as required in this contract.

CONTRACT ADMINISTRATION

(a) This contract will be administered by the contracting activity identified in Block 16 of the

SF 1449.

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer.

(c) In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(d) Any request for contract changes/modifications shall be submitted to the Contracting Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

SECTION C 80KSC021R0009-DRAFT

SECTION C. CONTRACT CLAUSES

Refer to Block 27a of the Standard Form 1449, which incorporates FAR 52.212-4, Contract Terms and Conditions–Commercial Items (Oct 2018) by reference.

ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS–

COMMERCIAL ITEMS: TAILORED PARAGRAPHS

Paragraph (g) is tailored to add the following paragraphs:

(3) The Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(4) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (3) of this section.

(5) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

(End of addendum)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(3) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS

(JAN 2021)

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

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

(2) 52.204-23, 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 2020) (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:

(1) [X] 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) [X] 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

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

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

(8) [X] 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C.

6101 note).

(9) [X] 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 (Mar 2020) (15 U.S.C. 657a).

(ii) [ ] Alternate I (MAR 2020) of 52.219-3.

(12)

(i) [ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) [ ] Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

(14)

(i) [X] 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) [X] 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 (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

(22)

(i) [X] 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.S.C. 637(a)(17)).

(27) [X] 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(28) [ ] 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

(29) [X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30)

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

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

(31)

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

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

(32)

(i) [X] 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.

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

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

(35)

(i) [X] 52.222-50, Combating Trafficking in Persons (Oct 2020) (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) [X] 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.)

(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) [X] 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) [X] 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.

(44) [X] 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 (Jun 2016) (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 (Jan 2021) (41 U.S.C. chapter 83).

(49)

(i) [ ] 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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).

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

(52) [ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (Jun 2020).

(56) [ ] 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) [ ] 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

(58) [X] 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 (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:

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

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

206 and 41 U.S.C. chapter 67). Fill in: None.

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

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

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

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

(7) [X] 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(8) [X] 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 regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

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

(iii) 52.204-23, 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph

(f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C.