80KSC020R0020 Kennedy Flight Operations Contract Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

4200736016 39

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

80KSC020R0020

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

Lisa Morales, lisa.morales-1@nasa.gov (321) 360-6434

06/19/2020

8. OFFER DUE DATE/

LOCAL TIME

07/16/2020

3:30 PM EST

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

NASA SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Kennedy Space Center Procurement Office Mail Code: OP-ES Kennedy Space Center, FL. 32899

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

NAICS:

488190

SIZE STANDARD:

$35 Mil

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

NASA, Kennedy Space Center Kennedy Space Center, FL. 32899

17a. CONTRACTOR/

OFFEROR

CODE 3GSZ1 FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Airbus Helicopters Inc.

2701 N. Forum Drive Grand Prairie, TX 75052

NASA Shared Services Center (NSSC) NSSC-AccountsPayable@nasa.gov https://www.nssc.nasa.gov/vendorpayment

TELEPHONE NO. (903) 241-5000

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

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

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Kennedy Flight Operations Contract (KFLOC)

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

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

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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 mailto:lisa.morales-1@nasa.gov mailto:NSSC-AccountsPayable@nasa.gov http://www.nssc.nasa.gov/vendorpayment

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

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:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Kennedy Flight Operations (KFLOC) 80KSC020R0020

Table of Contents

SECTION 1: CONTINUATION OF SF 1449

1.1 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

1.2 SERVICES TO BE PROVIDED

1.3 PERIOD OF PERFORMANCE

1.4 PLACE OF PERFORMANCE

1.5 ADDITIONAL “FLIGHT HOUR” RATE SCHEDULE

1.6 EXERCISE OF ADDITIONAL FLIGHT HOURS

SECTION 2: ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS

2.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

2.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

2.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR

2000)

2.4 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATIONS

SERVICES (APR 2012)

2.5 1852.225-70 EXPORT LICENSES. (FEB 2000)

2.6 1852.232-80 SUBMISSION OF VOUCHERS FOR PAYMENT (APR 2018) ..

2.7 1852.245-71 INSTALLATION ACCOUNTABLE GOVERNMENT

PROPERTY. (JUN 2018)

2.8 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP

2017)

2.9 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING

WORKPLACE VIOLENCE (JUL 2018)

2.10 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S

ACTIVITIES (JUL 2018)

2.11 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT- ONSITE

CONTRACTORS AND SUBCONTRACTORS ALT II (NOV 2019)

2.12 KSC 52.245-90 MANAGEMENT OF NASA-OWNED/CONTRACT HELD

RECORDS (JUL 2018)

2.13 KSC 52.245-97 RECORDS MANAGEMENT (JUL 2018)

SECTION 3: 52.212-5 Attachment

3.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS. (MAR 2020)

SECTION 4: CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

4.1 Statement of Work (SOW)

4.2 Data Requirement List

4.3 Installation Accountable Government Property (IAGP)/Administrative Controlled Equipment (ACE)

4.4 Installation Accountable Government Property (IAGP)/Controlled

4.4 Collective Bargaining Agreement

4.5 Department of Labor Wage Determination No. 2015-4555

4.6 Contractor’s Safety and Health Plan

SECTION 5: ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS-

COMMERCIAL ITEMS

5.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

5.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

5.3 52.216-1 TYPE OF CONTRACT. (APR 1984)

5.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

5.5 1852.219-73 SMALL BUSINESS SUBCONTRACTING PLAN (MAY 1999) .

5.6 1852.245-80 GOVERNMENT PROPERTY MANAGEMENT

INFORMATION Alt. 1 (JAN 2011)

5.7 1852.245-81 LIST OF AVAILABLE GOVERNMENT PROPERTY (JAN

2011)

5.8 KSC 1852.223-73 SAFETY AND HEALTH PLAN (JUL 2018)

5.9 PROPOSAL CONTENT

5.9.1 TECHNICAL APPROACH

5.9.2 PRICE

5.10 PROPOSAL INSTRUCTIONS

SECTION 6: Evaluation Factors for Award

6.1 52.212-2 EVALUATION - COMMERCIAL ITEMS. (OCT 2014)

6.1.1 TECHNICAL APPROACH

6.1.2 PRICE

SECTION 1: CONTINUATION OF SF 1449

1.1 1852.216-78 FIRM FIXED PRICE. (DEC 1988)

The total firm fixed price of this contract is $ TBP.

(End of clause)

1.2 SERVICES TO BE PROVIDED

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Description/Specifications/Statement of Work incorporated Attachment 4.1, Statement of Work.

CLIN Fiscal Year

Pilots Maintenance Airframe and Engine Parts

Additional Flight Hour

Total

01 FY21 $ TBP $ TBP $ TBP To Be Exercised $ TBP FY22 $ TBP $ TBP $ TBP To Be Exercised $ TBP Total $ TBP $ TBP $ TBP N/A $ TBP

02 FY23 $ TBP $ TBP $ TBP To Be Exercised $ TBP FY24 $ TBP $ TBP $ TBP To Be Exercised $ TBP Total $ TBP $ TBP $ TBP N/A $ TBP

03 FY25 $ TBP $ TBP $ TBP To Be Exercised $ TBP FY26 $ TBP $ TBP $ TBP To Be Exercised $ TBP Total $ TBP $ TBP $ TBP N/A $ TBP

04 FY27 $ TBP $ TBP $ TBP To Be Exercised $ TBP FY28 $ TBP $ TBP $ TBP To Be Exercised $ TBP Total $ TBP $ TBP $ TBP N/A $ TBP

05 FY29 $ TBP $ TBP $ TBP To Be Exercised $ TBP FY30 $ TBP $ TBP $ TBP To Be Exercised $ TBP Total $ TBP $ TBP $ TBP N/A $ TBP

Contract Total $ TBP $ TBP $ TBP N/A $ TBP

1.3 PERIOD OF PERFORMANCE

The period of performance of this contract is from 10/01/2020 through 09/30/2022.

Available Option Periods:

Option Period 1: 10/01/2022 – 09/30/2024 Option Period 2: 10/01/2024 – 09/30/2026 Option Period 3: 10/01/2026 – 09/30/2028 Option Period 4: 10/01/2028 – 09/30/2030

1.4 PLACE OF PERFORMANCE

The services to be performed under this contract shall be performed at the following location(s):

1. NASA John F. Kennedy Space Center (KSC);

2. Any other location authorized by the CO.

1.5 ADDITIONAL “FLIGHT HOUR” RATE SCHEDULE

The purpose of this clause is to set forth the Firm Fixed Price fully burdened rates, identified in the table below, to be used by the Government in ordering additional flight hours (above the 300 hours up to 600 hours, included as part of the Airframe and Engine Parts) as needed during the period of performance. The rates below will be used to increase the contract value and firm fixed price for the associated CLIN.

Option Period Base Period Option 1 Option 2 Option 3 Option 4 Gov. Fiscal Year FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 FY30

Service Unit

Additional Flight Hour

1 hour $TBP $TBP $TBP $TBP $TBP $TBP $TBP $TBP $TBP $TBP

1.6 EXERCISE OF ADDITIONAL FLIGHT HOURS

At any point during the fiscal year, the Government may unilaterally exercise additional “flight hours” based on the rate per flight hour for the period identified in the Section 1.5, up to an additional 300 flight hours per fiscal year. The Government will exercise “flight hours” prior to exceeding the baseline 300 hours, as needed. At the completion of each fiscal year, the Government will perform an equitable downward adjustment to contract value for any unused “flight hours” exercised, utilizing the same rate as exercised. The increase/decrease in contract value will be reflected in Section 1.2, Services to be Provided.

TABLE 1.6.1 FLIGHT HOURS EXERCISED

Contract Year Mod No. Flight Hours Exercised

Contract Value Flight Hours Remaining

(End of Clause)

SECTION 2: ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS-

COMMERCIAL ITEMS

2.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

For Federal Acquisition Regulation (FAR) clauses, see:

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

For NASA FAR Supplement (NFS) clauses, see:

https://www.acquisition.gov/nfs

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

52.203-3 GRATUITIES. (APR 1984)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (JUN 2020)

52.204-2 SECURITY REQUIREMENTS (AUG 1996)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER. (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL. (JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-19 INCORPORTATION BY REFERENCE OF REPRESENTATION AND

CERTIFICATION. (DEC 2014)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(MAY 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

(MAY 2011)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT. (DEC 2007)

52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN

1997)

52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION. (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY. (JUL 1995)

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.245-1 GOVERNMENT PROPERTY. (APR 2012) - ALTERNATE I (APR 2012)

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

52.245-9 USE AND CHARGES (APR 2012)

52.251-1 GOVERNMENT SUPPLY SOURCES. (APR 2012)

NASA FAR SUPPLEMENT CLAUSES:

1852.203-70 DISPLAY OF INSPECTOR GENERAL HOTLINE POSTERS (JUN 2001)

1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (AUG 2014)

1852.204-76 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (JAN 2011)

1852.208-81 RESTRICTIONS ON PRINTING AND DUPLICATING. (NOV 2004)

1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION. (SEP 2005)

1852.215-84 OMBUDSMAN. (NOV 2011)

1852.219-75 1852.223-70

INDIVIDUAL SUBCONTRACTING REPORTS (APR 2015)

SAFETY AND HEALTH MEASURES AND MISHAP REPORTING. (DEC

2015)

1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY ALT 1. (FEB 2006)

1852.228-71 AIRCRAFT GROUND AND FLIGHT RISK. (OCT 1996)

1852.228-75 MINIMUM INSURANCE COVERAGE. (OCT 1988)

1852.242-72 DENIED ACCESS TO NASA FACILITIES. (OCT 2015)

1852.237-70 EMERGENCY EVACUATION PROCEDURES. (DEC 1988)

1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

1852.245-72 LIABILITY FOR GOVERNMENT PROPERTY FURNISHED FOR

REPAIR OR OTHER SERVICES (JAN 2011)

1852.245-75 PROPERTY MANAGEMENT CHANGES (JAN 2011)

1852.245-78 PHYSICAL INVENTORY OF CAPITAL PERSONAL PROPERTY (AUG

2015)

2.2 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract expiration.

2.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 years 6 months.

2.4 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATIONS

SERVICES (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

Central Supply Facility Building M6-744, Attn: Property Kennedy Space Center, FL 32899

2.5 1852.225-70 EXPORT LICENSES. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract.

In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA Kennedy Space Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

2.6 1852.232-80 SUBMISSION OF VOUCHERS FOR PAYMENT (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, 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.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice 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 (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) 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.

2.7 1852.245-71 INSTALLATION ACCOUNTABLE GOVERNMENT PROPERTY.

(JUN 2018)

(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:

NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;

NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements;

NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements;

Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract. The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.

(b)(1) The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:

(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.

(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.

(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.

(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the installation. NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.

(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.

(c) The following property and services are provided if checked:

X (1) Office space, work area space, and utilities. Government telephones are available for official purposes only.

X (2) Office furniture.

X (3) Property listed in Attachment 4.3, Installation Accountable Government Property/Administrative Controlled Equipment and Attachment 4.4, Installation Accountable Government Property/Controlled.

(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.

(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.

(4) Supplies from stores stock.

(5) Publications and blank forms stocked by the installation.

(6) Safety and fire protection for Contractor personnel and facilities.

(7) Installation service facilities:

(8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.

(9) Cafeteria privileges for Contractor employees during normal operating hours.

(10) Building maintenance for facilities occupied by Contractor personnel.

(11) Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.

LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO NFS 1852.245-71

For performance of work under this contract, the Government will make available the below listed Government property on a no charge-for-use basis. The Contractor shall use this property in the performance of this contract at the place of performance specified in this contract or at other location(s) as may be approved by the Contracting Officer.

Attachment 4.3, Installation Accountable Government Property (IAGP) Administrative Controlled Equipment (ACE)

The above list, when provided in the Request for Proposal (RFP), is a list of available Government property as of the dates on the list. This list may not represent the Government property that the Government will provide to the Contractor on the date contract performance begins. The Government will update the list before contract award and include it in the awarded contract. Any difference in the list and the Government property actually provided by the Government will not be subject to an equitable adjustment.

* After contract award, this list of Government Furnished Property will be maintained electronically in the NASA Integrated Asset Management Property Plant and Equipment (IAM PP&E) Application, and the Supply Management System (SMS). This electronic record will supersede the listing provided at contract award and will serve as the contractually binding official list of record.

2.8 1852.245-82 OCCUPANCY MANAGEMENT REQUIREMENTS (SEP 2017)

(a) In addition to the requirements of the clause at FAR 52.245–1, Government Property, as included in this contract, the Contractor shall comply with the following in performance of work in and around Government real property:

(1) NPD 8800.14, Policy for Real Estate Management.

(2) NPR 8831.2, Facilities Maintenance and Operations Management.

(b) The Contractor shall obtain the written approval of the Contracting Officer before installing or removing Contractor-owned property onto or into any Government real property or when movement of Contractor-owned property may damage or destroy Government-owned property.

The Contractor shall restore damaged property to its original condition at the Contractor’s expense.

(c) The Contractor shall not acquire, construct or install any fixed improvement or structural alterations in Government buildings or other real property without the advance, written approval of the Contracting Officer. Fixed improvement or structural alterations, as used herein, means any alteration or improvement in the nature of the building or other real property that, after completion, cannot be removed without substantial loss of value or damage to the premises. Title to such property shall vest in the Government.

(d) The Contractor shall report any real property or any portion thereof when it is no longer required for performance under the contract, as directed by the Contracting Officer.

2.9 KSC 52.223-121 REPORTING OF INCIDENTS INVOLVING WORKPLACE

VIOLENCE (JUL 2018)

The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3 Policy on Prevention of and Response to Workplace Violence. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office.

If the NASA Threat Assessment Team (TAT) Chair and Co-Chair determine it is appropriate for the contractor to participate in a TAT meeting, the contractor shall comply with the TAT request.

The contractor is also responsible for reporting disposition of the incident reported to the NASA

TAT.

This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.

2.10 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES

(JUL 2018)

The Contractor shall comply with the publications listed and those checked as applicable below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.

The Contractor shall comply with the following publication, which can be found at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :

NPR 1600.4A, Identity and Credential Management

The Contractor shall comply with the following publications and those publications checked as applicable below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP) KNPR 1600.1, KSC Security Procedural Requirements KNPR 8500.1, KSC Environmental Management Requirements KNPR 8715.3, KSC Safety Procedural Requirements KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[ X ]KNPD 1810.1 KSC Occupational Medicine Program [ X ]KNPR 1860.1 KSC Ionizing Radiation Protection Program [ X ]KNPR 1860.2 KSC Nonionizing Radiation Protection Program [ X ]KNPR 1820.3 KSC Hearing Loss Prevention Program [ X ]KNPR 1820.4 KSC Respiratory Protection Program https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A http://procurement.ksc.nasa.gov/PPD/documents

[ X ]KNPR 1840.19 KSC Industrial Hygiene Programs [ ]45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program [ X ]KNPR 1840.1 KSC Hazard Communication Program [ ]KNPR 1870.1 KSC Sanitation and Public Health Program [ ]KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural Requirements [ X ]KNPR 4000.1 Supply and Equipment System Manual [ ]KNPR 6000.1 KSC Transportation Support System Manual [ ]KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural Requirements [ X ]KNPR 8830.1 Facility Asset Management Procedural Requirements (End of clause)

2.11 KSC 52.242-93 CONTRACTOR WORKFORCE REPORT- ONSITE

CONTRACTORS AND SUBCONTRACTORS ALT II (NOV 2019)

The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit, total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which ends March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with a copy to the Industrial Labor Relations Office KSC-DL-OP- IndustrialRelations@mail.nasa.gov.

The contractor shall ensure that the physical location of all on-site employees is documented and kept current in the Self Service Management Tool (SSMT). The contractor shall require their employees to update SSMT within 30 calendar days of the relocation of an on-site employee.

Every six months, the contractor shall perform a review of SSMT to verify accuracy of each employee’s data.

2.12 KSC 52.245-90 MANAGEMENT OF NASA-OWNED/CONTRACT HELD

RECORDS (JUL 2018)

(a) NASA-owned/Contractor-held records shall be maintained by the Contractor in accordance with the instructions set forth in the latest editions of NPD 1440.6 NASA Records Management, NPR 1441.1 NASA Records Management Program Requirements, NRRS 1441.1 NASA Record Retention Schedules, and KNPR 1440.6 KSC Records Management. As directed by the Contracting Officer, the Contractor shall obtain prior approval from the Contracting Officer to destroy or remove records subject to this clause.

(b) NASA-owned/Contractor-held records shall consist of documentation of Contractor activities and functions necessary for the performance of this contract, including, but not limited to, documentation of those day-to-day operating procedures that are essential to carrying out the statement of work and those actions, organizational structure, policies, decisions, operations, and activities necessary to perform or continue the work performed under the contract. NASA-owned/Contractor-held records shall not include those Contractor records that relate exclusively mailto:ksc-dl-op-industrialrelations@mail.nasa.gov mailto:ksc-dl-op-industrialrelations@mail.nasa.gov to the Contractor's internal business or are of a general nature not specifically related to the performance of work under the contract. The Contractor's general policies, procedures, etc., that apply to the general conduct of its business do not fall under the purview of this clause. When in doubt, the Contractor shall seek the Contracting Officer's determination as to which records are subject to this clause.

(c) The Contractor shall ensure that NASA-owned/Contractor-held records are segregated from company-owned records and from non-record materials. This clause operates independently from and is not intended to affect, or be effected by, the Contractor records provisions contained in FAR Subpart 4.7 and the clauses referenced therein.

(d) The Contractor, through the Contracting Officer, shall coordinate with the KSC Records Manager, on matters requiring advice, such as marking and segregating such records, or technical assistance in all areas of management pertaining to such records.

(e) When the contractor generates NASA-owned/Contractor-held records, the contractor shall prepare and submit KSC Form 16-473, KSC Annual Summary of Record Holdings, to the KSC Records Manager on an annual basis.

2.13 KSC 52.245-97 RECORDS MANAGEMENT (JUL 2018)

The contractor shall ensure accurate and complete records of Government business are maintained in accordance with the NASA Procedural Requirement (NPR) 1441.1 NASA Records Management Program Requirements and NASA Records Retention Schedules (NRRS)

1441.1. This includes legacy, electronic and vital records. Records of Government Business shall be segregated from company-owned records and from non-record materials, and the contractor shall provide NASA or authorized representatives access to all Government records in accordance with Federal Acquisition Regulations (FAR) Subpart 4.7. The term "records" is defined as "all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them.

Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included." The Government reserves the right to inspect, audit, and copy record holdings.

The contractor shall complete, submit, and maintain a Records Management Program Plan for all data/records produced as part of this contract in accordance with DRD-06.

The contractor shall submit an annual Records Management Program File Plan and Summary of Records Holdings and Transfers Report to the NASA KSC Records Manager in accordance with

DRD-07.

At the completion or termination of this contract, or as required by the records retention schedule expiration, the contractor shall deliver Government records to the NASA KSC Records Manager in accordance with NASA Policy Directive (NPD) 1440.6 NASA Records Management, NPR

1441.1 NASA Records Management Program Requirements, and Kennedy NASA Procedural Requirement (KNPR) 1440.6 KSC Records Management.

The contractor shall contact the Contracting Officer, in order to obtain the NASA KSC Records Manager's determination as to which records are subject to this Clause.

SECTION 3: 52.212-5 Attachment

3.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS. (MAR 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)).

X (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 (SEP 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).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

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

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (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 (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) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.

644).

(ii) Alternate I (MAR 2020).

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

644).

(ii) Alternate I (MAR 2020) 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)).

X (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 (MAR 2020) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

X (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) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 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 (EDWOSB) 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 (MAR 2020) (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) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(ii) Alternate I (July 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (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).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

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

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

X (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

X (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

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

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

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

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

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (51) 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).

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

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

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

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

(56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C.

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

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

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

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

637(d)(13)).

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

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

(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).

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

X (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).

X (4) 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).

(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).

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

X (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 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…