86614821Q00005 Subscription Service Solicitation.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

531390

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORHUD-NFWP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/02/2021 1100 MD

07/20/2021

EURADELL MCRAE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

86614821Q00005

5. SOLICITATION NUMBER

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

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

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

DENVER CO 80202-4801

1670 BROADWAY 23RD FLOOR

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US DEPARTMENT OF HUD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 09/27/2021 to 09/26/2026

0001 Base Year Online data tool with current construction estimating cost with periodic updating at least quarterly. Facility and construction cost data, software and expertise for all phases of the building lifecycle.

The service will support a minimum of five (5) licenses.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHRISTOPHER S. STUART

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

7/20/2021

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Information must include the following and be available online for all 50 states and Caribbean

(Puerto Rico and Virgin Islands).

Building Construction Cost Data

Concrete

Electrical

Green Building

Heavy Construction

Interior

Mechanical

Plumbing

Sitework/Landscape

Commercial Renovation

Residential New Construction Cost

Facilities Maintenance & Repair

Facilities Preventive Maintenance and General

Maintenance

Unit Price

Square Foot

Assemblies Cost

Trends and Cost Alerts

Historical Data

0001AA BY 1-10 Licenses EA

(Not Separately Priced)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

40 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005

0001AB BY 11-20 Licenses EA

(Not Separately Priced)

0001AC BY 21+ Licenses EA

(Not Separately Priced)

0001AD Usage Reports 1 LO

(Not Separately Priced)

0002 Option Year One

Online data tool with current construction estimating cost with periodic updating at least quarterly. Facility and construction cost data, software and expertise for all phases of the building lifecycle.

The service will support a minimum of five (5) licenses.

Information must include the following and be available online for all 50 states and Caribbean

(Puerto Rico and Virgin Islands).

Building Construction Cost Data

Concrete

Electrical

Green Building

Heavy Construction

Interior

Mechanical

Plumbing

Sitework/Landscape

Commercial Renovation

Residential New Construction Cost

Facilities Maintenance & Repair

Facilities Preventive Maintenance and General

Maintenance

Unit Price

Square Foot

Assemblies Cost

Trends and Cost Alerts

Historical Data

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005

(Option Line Item)

Period of Performance: 09/27/2022 to 09/26/2023

0002AA OY1 1-10 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2022 to 09/26/2023

0002AB OY1 11-20 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2022 to 09/26/2023

0002AC OY1 21+ Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2022 to 09/26/2023

0002AD OY1 Usage Reports 1 LO

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2022 to 09/26/2023

0003 Option Year Two

Online data tool with current construction estimating cost with periodic updating at least quarterly. Facility and construction cost data, software and expertise for all phases of the building lifecycle.

The service will support a minimum of five (5) licenses.

Information must include the following and be available online for all 50 states and Caribbean

(Puerto Rico and Virgin Islands).

Building Construction Cost Data

Concrete

Electrical

Green Building

Continued ...

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005

Heavy Construction

Interior

Mechanical

Plumbing

Sitework/Landscape

Commercial Renovation

Residential New Construction Cost

Facilities Maintenance & Repair

Facilities Preventive Maintenance and General

Maintenance

Unit Price

Square Foot

Assemblies Cost

Trends and Cost Alerts

Historical Data

(Option Line Item)

Period of Performance: 09/27/2023 to 09/26/2024

0003AA OY2 1-10 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2023 to 09/26/2024

0003AB OY2 11-20 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2023 to 09/26/2024

0003AC OY2 21+ Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2023 to 09/26/2024

0003AD OY2 Usage Reports 1 LO

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2023 to 09/26/2024

0004 Option Year Three.

Online data tool with current construction estimating cost with periodic updating at least

Continued ...

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005 quarterly. Facility and construction cost data, software and expertise for all phases of the building lifecycle.

The service will support a minimum of five (5) licenses.

Information must include the following and be available online for all 50 states and Caribbean

(Puerto Rico and Virgin Islands).

Building Construction Cost Data

Concrete

Electrical

Green Building

Heavy Construction

Interior

Mechanical

Plumbing

Sitework/Landscape

Commercial Renovation

Residential New Construction Cost

Facilities Maintenance & Repair

Facilities Preventive Maintenance and General

Maintenance

Unit Price

Square Foot

Assemblies Cost

Trends and Cost Alerts

Historical Data

(Option Line Item)

Period of Performance: 09/27/2024 to 09/26/2025

0004AA OY3 1-10 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2024 to 09/26/2025

0004AB OY3 11-20 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2024 to 09/26/2025

Continued ...

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005

0004AC OY3 21+ Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2024 to 09/26/2025

0004AD OY3 Usage Reports 1 LO

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2024 to 09/26/2025

0005 Option Year Four.

Online data tool with current construction estimating cost with periodic updating at least quarterly. Facility and construction cost data, software and expertise for all phases of the building lifecycle.

The service will support a minimum of five (5) licenses.

Information must include the following and be available online for all 50 states and Caribbean

(Puerto Rico and Virgin Islands).

Building Construction Cost Data

Concrete

Electrical

Green Building

Heavy Construction

Interior

Mechanical

Plumbing

Sitework/Landscape

Commercial Renovation

Residential New Construction Cost

Facilities Maintenance & Repair

Facilities Preventive Maintenance and General

Maintenance

Unit Price

Square Foot

Assemblies Cost

Trends and Cost Alerts

Historical Data

(Option Line Item)

Continued ...

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

86614821Q00005

Period of Performance: 09/27/2025 to 09/26/2026

0005AA OY4 1-10 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2025 to 09/26/2026

0005AB OY4 11-20 Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2025 to 09/26/2026

0005AC OY4 21+ Licenses EA

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2025 to 09/26/2026

0005AD OY4 Usage Reports 1 LO

(Option Line Item)

(Not Separately Priced)

Period of Performance: 09/27/2025 to 09/26/2026

0006 Transition Out. The transition out CLIN will 1 JZ only be ordered in the event that HUD determines to not exercise the next option period. This will be a unilateral decision by HUD and may be ordered at any time during the contract period of performance.

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

Combined Synopsis/Solicitation for Online Building Construction Cost Estimating Data & Tools

Subscription Tool

Solicitation #: 86614821Q00005

This is a notice that, in accordance with Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures, the U.S. Department of Housing & Urban Development (HUD) intends to award a firm fixed-price indefinite delivery, indefinite quantity (IDIQ) contract to purchase real property data services. This is a combined synopsis/solicitation in accordance with FAR 12.102(f)(1).

Part I -The Schedule

Statement of Work (SOW) Online Building Construction Cost Estimating Data and Tools

BACKGROUND

The Department of Housing and Urban Development (HUD) has a requirement for Online Building

Construction Cost Estimating Data and Tools subscription services which is needed by HUD’s Office of

Multifamily Housing (MFH) technical staff in estimating construction costs of multifamily structures and assist in the reviewing and processing of HUD FHA insured loans to support various programs, including the Elderly Section 202 and Disabled Program 811.

DESCRIPTION OF SERVICES

The subscription will support the FHA-insured portfolio for the MFH technical staff in performing their day-to-day job activities. The subscription will provide pertinent information needed by staff in estimating building construction costs. MFH needs construction cost estimating information used extensively in the planning, estimating, and budgeting phases of construction. Data is needed to project and control the cost of new building construction, green construction, renovations projects and facilities maintenance and repairs.

The online data and tools provided must be reliable with current construction estimating cost with periodic updating at least quarterly. HUD is seeking a provider of facility and construction cost data, software, and expertise for all phases of the building lifecycle.

The online data and tools subscription must include the following and be available online for all 50 states and Caribbean (Puerto Rico and Virgin Islands).

Building Construction Cost Data, Concrete, Electrical, Green Building, Heavy Construction, Interior, Mechanical, Plumbing, Sitework/Landscape, Commercial Renovation, Residential New Construction

Cost, Facilities, Facilities Maintenance & Repair, Facilities Preventive Maintenance and General

Maintenance, Unit Price, Square Foot, and Assemblies Cost, Trends and Cost Alerts, Historical Data.

Upon request from the COR, the contractor shall provide periodic usage reports no more than once a quarter.

Solicitation #: 86614821Q00005

Solicitation #: 86614821Q00005

LICENSING REQUIREMENTS

There will be a minimum of 5 licensed users. The licensees will be HUD employees located within the 50 states and the Caribbean (Puerto Rico and Virgin Islands). The contractor shall allow licenses to be transferred to different HUD employees if a license holder no longer requires the services or a licensee leaves the agency at no additional cost.

PERIOD OF PERFORMANCE

The contract will be procured as a one (1) year contact with four (4) one-year options.

The period of performance for the base year will be for one year, 09/27/2021 – 09/26/2022.

The period of performance for the second year will be for one year, 09/27/2022 – 09/26/2023.

The period of performance for the third year will be for one year, 09/27/2023 – 09/26/2024.

The period of performance for the fourth year will be for one year, 09/27/2024 – 09/26/2025.

The period of performance for the fifth year will be for one year, 09/27/2025 – 09/26/2026.

PERFORMANCE OBJECTIVE

The Contractor shall provide access to the online subscription with a performance level of 100% in accordance with this SOW. The Acceptable Quality Level (AQL) is 95% with a 5% deviation. If the services go off-line, the contractor is required to notify the Contracting Officer Representative (COR) of the outage as soon as practical but no less than two hours of the outage and an expected resolution timeframe. The outage should not exceed more than 24 hours.

Upon request from the COR, the contractor shall provide periodic usage reports no more than once a quarter. The report shall be provided within three business days of written request from the COR. The final report will be submitted in excel spreadsheet format. The Acceptable Quality Level (AQL) is 100% within three business days with a two-day deviation.

Solicitation #: 86614821Q00005

For the purposes of pricing evaluation. The total estimated amount should be based on 14 licenses.

BASE CONTRACT PERIOD

CLIN Description QTY UNIT

UNIT

PRICE

TOTAL

ESTIMATED

AMOUNT

0001 Base Period Funding*

0001AA 1-10 Licenses 10 Each

0001AB 11-20 Licenses 20 Each

0001AC 21+ Licenses 21+ Each

0001AD Usage Reports 1 Lot

TOTAL ESTIMATED PRICE FOR BASE PERIOD $

CONTRACT OPTION- PERIOD ONE

CLIN Description QTY UNIT

UNIT

PRICE

TOTAL

ESTIMATED

AMOUNT

0002 Option-Period 1Funding*

0002AA 1-10 Licenses 10 Each

0002AB 11-20 Licenses 20 Each

0002AC 21+ Licenses 21+ Each

AD

Usage Reports 1 Lot

Solicitation #: 86614821Q00005

TOTAL ESTIMATED PRICE FOR OPTION-PERIOD ONE

CONTRACT OPTION-PERIOD TWO

CLIN Description QTY UNIT

UNIT

PRICE

TOTAL

ESTIMATED

AMOUNT

0003 Option-Period 2 Funding*

0003AA 1-10 Licenses 10 Each

0003AB 11-20 Licenses 20 Each

0003AC 21+ Licenses 21+ Each

0003AD Usage Reports 1 Lot

TOTAL ESIMATED PRICE FOR OPTION-PERIOD TWO $

CONTRACT OPTION- PERIOD THREE

CLIN Description QTY UNIT

UNIT

PRICE

TOTAL

ESTIMATED

AMOUNT

0004 Option-Period 3 Funding*

0004AA 1-10 Licenses 10 Each

0004AB 11-20 Licenses 20 Each

0004AC 21+ Licenses 21+ Each

0004AD Usage Reports 1 Lot

TOTAL ESTIMATED PRICE FOR OPTION-PERIOD THREE

Solicitation #: 86614821Q00005

*User List Provided by HUD at time of award.

PART II – CONTINUATION OF SF1449

CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

HUDAR clauses may be accessed electronically at http://hudatwork.hud.gov/po/arc/regs/hudar/toc.cfm

Clause Title Date

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE SEP 2007

CONTRACT OPTION-PERIOD FOUR

CLIN Description QTY UNIT

UNIT

PRICE

TOTAL

ESTIMATED

AMOUNT

0005 Option-Period 4 Funding*

0005AA 1-10 Licenses 10 Each

0005AB 11-20 Licenses 20 Each

0005AC 21+ Licenses 21+ Each

0005AD Usage Reports 1 Lot

0006 Transition Out. The transition out CLIN will only be ordered in the event that HUD determines to not exercise the next option period. This will be a unilateral decision by HUD and may be ordered at any time during the contract period of performance

1 JOB

TOTAL ESTIMATED PRICE FOR OPTION-PERIOD FOUR

Solicitation #: 86614821Q00005

CERTAIN FEDERAL TRANSACTIONS

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUN 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC 2014

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS OCT 2018

52.216-18 ORDERING AUG 2020

52.216-19 ORDER LIMITATIONS OCT 1995

52.216-22 INDEFINITE QUANTITY OCT 1995

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-1 PAYMENTS APR 1984

52.232-11 EXTRAS APR 1984

52.233-1 DISPUTES—ALTERNATE 1 DEC 1991

52.243-1 CHANGES-FIXED PRICE- ALTERNATE 1 APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS NOV 2020

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE)

(SHORT FORM)

APR 1984

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE APR 1984

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).

Solicitation #: 86614821Q00005

(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) 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) 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.)

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X (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. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)

Solicitation #: 86614821Q00005

(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 (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.

_X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (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.

_X (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)).

Solicitation #: 86614821Q00005

__ (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)).

_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 (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)).

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

_X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

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

__ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31)

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

Solicitation #: 86614821Q00005

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

__ (32)

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

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

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__ (35)

(i) 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) 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) 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.

Solicitation #: 86614821Q00005

__ (41)

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

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (43)

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

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

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

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

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

__ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (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. 4 001 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.

Solicitation #: 86614821Q00005

__ (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)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

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

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

_X (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.

Solicitation #: 86614821Q00005

(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:

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

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

_X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

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

Solicitation #: 86614821Q00005 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).

Solicitation #: 86614821Q00005

(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. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

Solicitation #: 86614821Q00005

(End of clause)

FAR 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years.

(End of Clause)

FAR 52.252-6 Authorized Deviations in Clauses NOV 2020

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation of any HUDAR provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

2452.203-70 PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES (APR 2019)

In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to Federal employees or a business concern or other organization owned or substantially owned or controlled by one or more Federal employees. For the purposes of this contract, this prohibition against the use of Federal employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants.

(End of clause)

2452.208-71 REPRODUCTION OF REPORTS (APR 2019)

In accordance with Title I of the Government Printing and Binding Regulations, printing of reports, data or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed

25,000 production units in aggregate. The aggregate number of production units is determined by multiplying pages times copies. A production unit is one sheet, size 8.5 by 11 inches or less, printed on one side only and in one color. All copy preparation to produce camera-ready copy for reproduction

Solicitation #: 86614821Q00005 must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters and plates which are to be used on single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10 3/4 by 14 1/4 inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera-ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data or other written materials.

(End of clause)

2452.209-72 ORGANIZATIONAL CONFLICTS OF INTEREST (APR 1984)

(a) The contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a Government contract and a contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The contractor's objectivity in performing the contract work may be impaired.

(b) The contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the

Contracting Officer, which shall include a description of the action, which the contractor has taken or intends to take to eliminate or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

(c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

(End of clause)

HUDAR 2452.216-76 MINIMUM AND MAXIMUM QUANTITIES OR AMOUNTS FOR ORDER DEC 2012

Solicitation #: 86614821Q00005

(a) The minimum quantity to be ordered under this contract via task order shall not be less than five (5) licenses.

(End of Clause)

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (APR 2019)(ALT II)

(a) Payment Schedule. Payment of the contract price will be made upon completion and acceptance of all final reports unless a partial payment schedule is included below:

All submittals will be under CLIN 0001 for the base year - identify the task and relevant deliverable (e.g., Task 1, A001) and the period pf performance. Use subsequent Option Year CLINs in the same manner.

Each invoice shall be submitted not later than the 10th day of the month following the month that is being invoiced and shall be accompanied by supporting documentation detailing each deliverable on the invoice.

(b) Submission of Invoices.

(1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services’ Invoice Platform Processing System via the Web at URL:

https://arc.publicdebt.treas.gov/ipp/ fsippqrg.htm in accordance with the instructions on the Web site.

To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232– 25, ‘‘Prompt Payment.’’

(2) To assist the government in making timely payments, the contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF– 33, or block 25 of the SF–1449).

(End of Alternate II)

(c) Contractor Remittance Information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract.

(d) Final Invoice Payment. The final invoice shall not be paid prior to certification by the Contracting Officer that all work has been completed and accepted.

(End of clause)

2452.237-73 CONDUCT OF WORK AND TECHNICAL GUIDANCE (APR 2019)

(a) The Contracting Officer will provide the contractor with the name and contact information of the

Contracting Officer’s Representative (COR) assigned to this contract. The COR will serve as the

Solicitation #: 86614821Q00005 contractor’s liaison with the Contracting Officer with regard to the conduct of work. The Contracting

Officer will notify the contractor in writing of any change to the current COR’s status or the designation of a successor COR.

(b) The COR for liaison with the contractor as to the conduct of work is [to be inserted at time of award] or a successor designated by the Contracting Officer.

(c) The COR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:

(1) Causes the contractor to perform work outside the statement of work or specifications of the contract;

(2) Constitutes a change as defined in FAR 52.243-1;

(3) Causes an increase or decrease in the cost of the contract;

(4) Alters the period of performance or delivery dates; or

(5) Changes any of the other express terms or conditions of the contract.

(d) The COR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The COR may issue such guidance via telephone, facsimile (fax), or electronic mail.

(e) Other specific limitations [to be inserted by Contracting Officer]:

(f) The contractor shall promptly notify the Contracting Officer whenever the contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) above.

(End of clause)

2452.237-77 TEMPORARY CLOSURE OF HUD FACILITIES (MAR 2016)

(a)(1) The Department of Housing and Urban Development observes the following days as holidays—

New Year’s Day

Martin Luther King’s Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Solicitation #: 86614821Q00005

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Any other day designated by Federal law, Executive Order or Presidential Proclamation.

2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of-

(A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which HUD employees are dismissed and shall be guided by any specific instructions of the Contracting

Officer or his/her duly authorized representative.

(c) When contractor personnel services are not required or provided due to closure of a HUD facility as described in this clause, the contractor shall be compensated as follows-

(1) For fixed price contracts, deductions in the contractor's price will be computed as follows--

(A) The deduction rate in dollars per day will be equal to the per month contract price divided by the number of business days in each month.

(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

Solicitation #: 86614821Q00005

If services are provided for portions of days, appropriate adjustment will be made by the Contracting

Officer to ensure that the contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, HUD shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

(End of clause)

2452.246-70 INSPECTION AND ACCEPTANCE (APR 2019)

Inspection and acceptance of all work required under this contract shall be performed by the Contracting Officer’s Representative (COR) or other individual as designated by the Contracting Officer or COR. (End of clause)

SPECIAL CONTRACT REQUIREMENTS

NON-DISCLOSURE AGREEMENTS FOR CONTRACTOR EMPLOYEES

Contractor employees’ duties may require them to have access to protected information that may not be disclosed outside the Department, even to their coworkers and superiors within the contractor firm.

Protected information includes, but is not restricted to, Government procurement-sensitive information; proprietary business information provided to the Government by other parties (e.g., other contractors); and/or personal information protected by the Privacy Act (e.g., Social Security Numbers).

Any contractor employee that will need to have, or is expected to have, access to any type of protected information shall submit a signed copy of the non-disclosure agreement in Section J to the Contracting

Officer before the contractor employee commences work under the contract.

CONTRACTOR RESPONSIBILITY FOR APPLICABLE PUBLICATIONS AND FORMS:

The Contractor shall be responsible for obtaining and maintaining all applicable publications and forms.

It shall be the Contractor’s responsibility to ensure that all services are conducted according to current

HUD publications and forms. All of the publications and forms described in this contract are subject to revision. The COR shall, to the maximum extent possible, notify the Contractor of changes to HUD publications and forms. The Contractor shall inquire of the COR whenever the Contractor believes that the publication or form it is currently using has been superseded.

Solicitation #: 86614821Q00005

ADDITIONAL RESPONSIBILITIES

The Contractors shall take proper health and safety precautions to protect workers, the public and the property of others. The Contractor shall, without additional expense to the Government, obtain any necessary licenses, insurance, certifications and permits required in the performance of the contract and shall comply with any federal, city, state, county and municipal laws, codes and regulations applicable to the performance under this contract. The Contractor shall ensure that these additional responsibilities apply to all subcontractors.

AS-2313 EXAMINATION OF RECORDS BY HUD (Jul 2017)

(a) The Contractor agrees that the Secretary of the Department of Housing and Urban Development

(HUD) or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the

Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books,…