A21 RFP W90VN920R0021.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN920R0021 27-Mar-2020

b. TELEPHONE NUMBER

315-763-5698

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 27 Apr 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W90VN99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS. CHONG, HYE-YONG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011469050

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W81F9N 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CHAPLAIN, SOLDIER MEMORIAL CHAPEL

YI, SAM SUK

CHAPLIN

APO AP 96218-5746

UNITED STATES

TEL: 764-4498 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

813110

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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 . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN920R0021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 26 Each Saturday/Sunday/Major Holy Service

FFP

Non-Personal Service; As a Catholic Priest shall perform this requirement at Camp Walker in accordance with (IAW) Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011469050

PSC CD: G002

NET AMT

0002 1 Each Estimated War Hazard Losses is

FFP

Zero (0) FOB: Destination

0003 1 Job Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31 October of each calendar year during the life of the contract in accordance with the Performance Work Statement (PWS) herein.

1001 26 Each OPTION Saturday/Sunday/Major Holy Service

FFP

Non-Personal Service; As a Catholic Priest shall perform this requirement at Camp Walker in accordance with (IAW) Performance Work Statement (PWS).

1002 1 Each OPTION Estimated War Hazard Losses is

FFP

Zero (0)

1003 1 Job OPTION Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31 October of each calendar year during the life of the contract in accordance with the Performance Work Statement (PWS) herein.

2001 26 Each OPTION Saturday/Sunday/Major Holy Service

FFP

Non-Personal Service; As a Catholic Priest shall perform this requirement at Camp Walker in accordance with (IAW) Performance Work Statement (PWS).

2002 1 Each OPTION Estimated War Hazard Losses is

FFP

Zero (0)

2003 1 Job OPTION Contractor Manpower Report (CMR)

FFP

The Department of Army requires Contractor Manpower Reporting (CMR) by 31 October of each calendar year during the life of the contract in accordance with the Performance Work Statement (PWS) herein.

SPECIAL NOTE

Offers from Korean contractors, US dependents and US contractors not seeking, requesting or requiring invited contractor (IC) status will be considered for award without any preferences beyond being lowest-priced and technically acceptable. The resulting contract will NOT be eligible for IC status, IAW SOFA Article XV. If no offers are received, this requirement could be re-solicited with the appropriate IC status clauses/provisions inserted, but US dependents and other US citizens already resident in Korea would not be eligible for IC status.

***To prevent delay in award of this contract, prospective contractors should immediately begin the SAM registration process by going to http://www.sam.gov.***

***US Citizens submitting an offer shall therein prominently indicate their and their sponsor’s current expected departure/PCS/DEROS date(s) or they may not be considered for award***

IAW AR 165-1, para 5.4(a) and 13.4(b), this contract will only be utilized when no military personnel (or other uniformed personnel), DoD civilians, or volunteers are available to perform these services. Use of the Contractor will be on an intermittent/temporary basis. The Contractor shall invoice only for services actually performed and the using chapel/church will actively recruit volunteers in printed literature and verbally before, during, or after religious services. The presiding chaplain/ Contracting Officer’s Representative (COR), will advise the Contractor at the end of each performance of the day if the Contractor’s services will be required for the next occasion. The Contractor shall obtain such advice prior to performing subsequent services, either from the chaplain or COR. This contract may be terminated at any time for the convenience of the government.

CONTRACT PERIOD

Contract Period of Performance CLIN

Base Year 1 June 2020 through 31 May 2021 0001and 0003

1st Option Year 1 June 2021 through 31 May 2022 1001 and 1003 2nd Option Year 1 June 2022 through 31 May 2023 2001 and 2003

*The period of performance is subject to change depending on actual date of award.

PWS

PERFORMANCE WORK STATEMENT

FOR

CATHOLIC PRIEST, CAM WALKER

GARRISON CHAPLAIN OFFICE USAG DAEGU

1.0 GENERAL. The contractor shall provide all personnel, labor, supervision, coordination, necessary to perform non-personal services as the Civilian Contract Clergy for the Soldier Memorial Chapel located at Camp Walker, Taegu, Korea. The contractor shall work independently and shall not be subject to the supervision or control of the Government.

1.1 SCOPE OF WORK.

a. The Civilian Contract Clergy, hereinafter referred to as the contractor. The contractor will provide religious support to the Catholic Congregation located at Camp Walker, Taegu, Korea. The contractor shall provide all personnel, tools, materials, and transportation necessary to perform religious services and administrations as defined in this PWS except as specified in paragraph 3.0 specifies to be Government furnished.

b. The contract will be for a base period up to one year from the date of reward of the contract with an option of four additional twelve-month option periods, if exercised. The option period will be reviewed prior to executing by the COR and the Contracting Officer. This is a fixed price contract. All prices are on a firm fixed basis and will not be subject to an adjustment. The Government will make contractor selection based on the following factors: (1) education, (2) experience, (3) past performance, and (4) price.

c. Substitution. In the event that the contractor cannot fulfill his/her service obligation he/she will provide a substitute. The substitute must meet all qualifications established for the contractor. Any use of a substitute shall be identified to the Contracting Officer Representative (COR) seven days prior to commencement of the substitution.

In the event of an emergency, i.e. Illness or family crisis, this seven-day notification requirement may be waived at the discretion of the COR or the Contracting Office. The contractor shall be responsible for the payment of the substitute.

1.2 Personnel. Contractor shall submit a resume for this position. Address the following information within the resume:

a. The ability to work well with a variety of people in a military setting.

b. Contractor must be fluent in English for both oral and in written communications.

c. A level of ministry experience that would enable him to function as pastor of a Catholic congregation.

d. A minimum of two years experience as a Catholic Pastor.

All applicants will be considered and the government reserves the right to select the contractor based on minimum needs of the government and demonstrated ability to provide the necessary services.

1.3 Quality Control. See attached Surveillance Plan.

1.4 Quality Assurance. Weekly inspections will be made by the chapel staff to ensure that the contracted services are provided to standard. Additionally, the COR, and/or Receiving Officer will monitor the contractor’s performance under this contract through unannounced spot checks in direct correlation with the Specific Tasks outlined below. A quality control/surveillance plan check list (see enclosure) will be completed for each unit of service that the contractor provides and maintained on file along with the contractor’s invoices with the COR. The government reserves the right to inspect services at any time.

1.5 Physical Security. The contractor shall safeguard all keys issued to him/her by the Government. If a key is lost, the contractor is responsible for notifying the Chaplain’s Office Key Control NCOIC within 24 hours of noticed loss. The contractor shall ensure that the equipment and facilities being used have been secured prior to departure.

Contractor shall not remove any property from the Chapel for any reasons without prior approval from the COR.

1.6 Hours of Operation. Services shall be provided Sunday-Saturday. In order to provide the necessary services required. The contractor shall be available to his/her congregation as deemed necessary to accommodate the Catholic Congregation. Contractor shall be paid for only services performed. The contractor shall be required to perform services on US federal holidays as required by his/her religious order and in accordance with the needs defined by the government and the COR.

1.7 Conservation of Utilities. Contractor shall ensure that only the items and the quantities of those items that are absolutely necessary for the conduct of the service are used. Contractor shall ensure that candles have been extinguished, unused communion wine has been properly stored etc.

1.8 Environmental Controls. N/A

1.9 Government Observations. The government may have senior military officers and/or civilian dignitaries attend the worship service. Contractor will continue to perform services as contracted.

2.0 Definitions.

a. COR. The Contracting Officer’s Representative.

b. Scope of Work. The work of the clergy will be to provide for worship services and sacramental rites while serving in the capacity as pastor of the Catholic congregation.

c. Specific Tasks. See paragraph 5.0 for specific tasks.

2.1 Standard Definitions.

a. Service/Mass. A period of worship or religious ministration.

b. Quantity - Unit of Issue. One mass or worship service or religious ministration.

c. Unit Price. Contractor fee for service.

d. Special services. Scheduled services that support the congregation other than the weekly scheduled worship services or rehearsals.

2.2 Technical Definitions. N/A

3.0 Government Furnished Items and Services. The Government will make available to the contractor the use of Chapel facilities, the community standard operating procedures, telephone access for official calls, materials and equipment (i.e. communion ware and supplies, worship books, piano and organ, and sound system) that the contractor needs for the performance of the services under this contract.

4.0 Contractor Furnished Items and Services. The contractor shall provide all transportation, meals, and lodging required to perform services.

4.1 General. “Except for those items or services specifically stated to be government furnished in Section 3.0, the contractor shall provide everything required to perform this contract.”

4.2 Minimum Quality Standards.

a. The contractor shall present a neat, well groomed appearance at all times during the performance of this contract.

b. Contractor shall present all contracted services in the English language.

4.3 Government Reimbursements. None

5.0 Specific Tasks. The contractor will perform the following service:

a. Conduct Mass. Contractor will be available and responsible for conducting and presenting a Catholic Mass in the absence of the Catholic military chaplain. This mass will be presented in the English language at Camp Walker Soldier Memorial Chapel. Contractor shall consult and coordinate the times of the Mass with the Catholic Chaplain and Installation Chaplain.

b. Conduct Holy Day/Special Masses. In the absence of the Catholic military chaplain, contractor will offer mass on the major Holy Days of the American Catholic liturgical calendar. Dates and times for the Mass shall be coordinated with the Catholic Chaplain and Installation Chaplain.

c. Offer Sacrament of Reconciliation (Confession). Contractor will be available for 30 minutes either before or after the performed mass to hear confession from those members of the congregation desiring such ministry.

d. Offer Prayers for the Sick (Last Rites). In the absence of the Catholic military chaplain, contractor will be available in case of emergency to offer appropriate pastoral care to Catholic members of the Soldier Memorial Chapel located at Camp Walker, Taegu, Korea. Emergency shall be defined as a potentially life threatening situation.

6.0 Applicable Publications and Forms.

a. AR 165-1, Chaplain Activities in the United States Army, 3 December 2009.

7.0 Technical Exhibits. N/A

8.0 AT-OPSEC Cover Sheet: The following items are checked “Yes”

a. AT level 1 training (general): This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.

b. Access and general protection policy and procedures. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil

c. For contractor not eligible for CAC, but requires access to DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

d. iWATCH training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

9.0 Contractor Manpower Reporting (CMR): The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Ground Maintenance Service via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2020 TO

31-MAY-2021

N/A CHAPLAIN, SOLDIER MEMORIAL

CHAPEL

YI, SAM SUK

CHAPLIN

APO AP 96218-5746

UNITED STATES

764-4498

W81F9N

0002 POP 01-JUN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUN-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUN-2021 TO

31-MAY-2022

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUN-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2022 TO

31-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUN-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-3 Offeror Representations and Certifications--Commercial

Items

DEC 2019

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-23 Assignment Of Claims MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7039 Defense Contractors Performing Private Security Functions

Outside the United States

JUN 2016

252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.229-7001 Tax Relief SEP 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

ADDENDUM TO 52.212-1

Addendum to FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

1. Quotations shall be submitted to beta.SAM.gov (https://beta.sam.gov/) Quotation submitted other than beta.SAM.gov will not be considered for award. The technical proposal for specification shall include the company name. All questions should be emailed to hyeyong.chong1.ln@mail.mil within five (5) days after the solicitation is issued. The electronic quotation shall be submitted by 1300 hours (Korean Local Time) on the closing date of RFP.

2. The quotation(s) shall include the following requirements in accordance with (IAW) Para 1 above.

3. Submittal Requirements: A rating of unacceptable for any factor or sub-factor will result in technically unacceptable rating. Failure to provide documents addressed below will result in a rating of “Unacceptable”.

I. Factor A - Technical Proposal: Technical evaluation factors are equal to price.

(a) Subfactor 1 - Offeror(s) shall submit a resume identifying as Catholic Priest. See paragraph 1.2(a)(b)(c) of Performance Work Statement (PWS).

(b) Subfactor 2 – Prior Experience: The Contractor must have at least two (2) years experience performing the same or similar type of experience for this services. See paragraph 1.2(d) of PWS.

II. Factor B - Past Performance:

(a) The offeror shall provide past performance information on past or current contracts (including Federal/local Government and private) for efforts that are the same or similar to the Government’s requirement. Offerors shall provide information on problems encountered on the identified contracts and the offeror’s corrective actions. The offeror shall describe its past performance on contracts it has held which are of similar scope, magnitude, and complexity to that which is detailed in the solicitation. Data presented will be limited to two (2) pages per contract described. A maximum of five (5) references will be evaluated.

The title of the Project or Contract No for the Commercial or Government performance A clear description of qualifying work experience Length of contract/project (Year/Month/Date – Year/Month/Date) Value of contract/project in KW for total amount Complete POC of employer (including name, phone no, e-mail) and validating POC

(b) The Government reserves the right to obtain past performance information from any reasonable source available, including Government database in order to evaluate past performance.

III. Factor C - Prices. Price Proposal: The offeror shall complete the pricing information for each Contract Line Item Numbers (CLIN) and Sub Contract Line Item Numbers (SLIN) as specified in the solicitation.

IV. FAR Clause 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items. The offeror shall complete 52.212-3 Alt I, paragraph (h) and (k).

V. Local Clause 5152.204-4032 – Representations and Certifications. The offeror shall complete local clause 5152.204-4032.

VI. Local Clause 5152.209-4009, Notice of Evaluation of Past Performance shall complete.

VII. Name(s) and telephone number, and e-mail address of person(s) authorized to conduct discussions/negotiations and to financially bind the company.

(End of provision FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (Jan 2017)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See below Addendum to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2

EVALUATION – COMMERCIAL ITEMS (OCT 2014)

In accordance with FAR 15.101-2, the Government will award a contract resulting from this solicitation to the responsible offeror submitting the lowest priced, technically acceptable offer that satisfies all terms and conditions of this solicitation.

Award will be made to the responsible Offeror submitting the Lowest Priced, Technically Acceptable (LPTA) offer that satisfies all terms and condition of the solicitation. Offers will be evaluated for acceptability, but not ranked using non-price factors/sub-factors. All non-price factors and sub-factors will be rated as either “acceptable” or “unacceptable”. In order to be considered for award, there must be an “acceptable” rating in every non-price factor/sub-factor. In other words, a rating of “unacceptable” for any factor or sub-factor will result in the entire offer being rated “unacceptable”.

The following ratings will be used in evaluating all non-price technical factors and sub-factors.

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

In order to be considered for award, there must be an “acceptable” rating in every non-price factor/sub-factor. In other words, a rating of “unacceptable” for any factor or sub-factor will result in the entire offer being rated “unacceptable”.

FACTOR A – TECHNICAL PROPOSAL

(a) Sub-factor 1 – Offeror(s) shall submit a resume identifying as Catholic Priest. See paragraph 1.2(a)(b)(c) of Performance Work Statement (PWS).

(b) Sub-factor 2 – Prior Experience: The Contractor must have at least two (2) years experience performing the same or similar type of experience for this services. See paragraph 1.2(d) of PWS.

FACTOR B - PAST PERFORMANCE: The past performance factor considers the offeror's demonstrated recent and relevant record of performance in supplying services that meet the contract requirements. Past performance will be evaluated on an acceptable/unacceptable basis. The offerors are required to identify contracts, both commercial and Government contracts for the same or similar service. The Government may ascertain past performance information on the offeror from sources other than the contracts/ references provided.

The following ratings will be used in evaluating Past Performance:

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (See note below)

Unacceptable Based On the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”

The recency and relevancy of Past Performances will be evaluated on the contractor’s list of contracts which they have performed same or similar services relevant to this solicitation’s requirement within the last five (5) years. The offeror’s past performance will be evaluated in accordance with FAR 15.305(a)(2 based on the following processes:

(1) Review of the detailed explanation submitted by offerors, demonstrating the relevance of the references to the requirements of the solicitation.

(2) References will be contacted by phone to verify contents in detail explanation and to determine record of compliance with contract requirements, accuracy of reports, technical and quality awards/certificates.

(3) The Government reserves the right to obtain past performance information from any reasonable source available, including the Past Performance Information Retrieval System (PPIRS) website http://www.ppirs.gov in order to evaluate offerors’ past performance. Also CPARs, if applicable, will be used for evaluation of the past performance.

Note: As part of the Responsibility Determination, the Contracting Officer will evaluate past performance to determine the offeror’s capability to perform the contract. Failure to provide data or lack of any performance history will not in itself be a reason for determination of non-responsibility. The Contracting Officer is not limited to the information provided. The Contracting Officer may use this data along with data obtained from other sources the Contracting Officer determines appropriate to obtain sufficient information on the offeror’s past performance to make a responsibility determination.

FACTOR C - PRICE: Proposed price will be reviewed to ensure completeness, realism, reasonableness, and balanced to assess the offeror's understanding of the solicitation. The pricing proposals will be evaluated in accordance with FAR 15.404-1 (b). The following applies to that evaluation.

(1) Completeness. The offeror shall complete the pricing information for all CLINs/Sub-CLINs identified for base period plus two (2) options. Any underlying assumptions including proposed escalation rates between the 1st and subsequent periods shall be clearly explained.

(2) Price Realism. Price analysis in conjunction with Technical Analysis will be used to perform a Price Realism Analysis to determine if the price is realistic for the work to be performed. The proposal will be evaluated using price analysis techniques to determine whether the proposal reflects a thorough understanding of the Performance Work Statement (PWS), and whether the price proposed is realistic for the work to be performed and is consistent with approaches described in the technical proposals. Price proposals, which are unrealistically low, will be deemed reflective of a failure to comprehend the complexity and risk of the proposed contractual requirement and may be grounds for rejection of the proposal.

(3) Price Reasonableness. Price should also reflect fair market value and be reasonable when compared to the independent Government estimate, current market prices for same or similar services and/or when compared among other technically acceptable offerors.

(4) Unbalanced Pricing. As part of the price evaluation, proposals will be reviewed to identify any unbalanced pricing. IAW FAR 15.404-1(g)(3), Unbalanced Pricing, a proposal may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

Note: The Government will examine price proposals for artificially low unit prices. Offers found to be unreasonably high, unrealistically low (an indication of “buy-in”), or unbalanced, may be considered unacceptable and may be rejected on that basis.

(5) Price is not scored. The Government will review the price proposal to determine the extent to which it is realistic, reasonable, and consistent with the technical proposal. The lowest price for award purposes will be the combined total of the effective period of five (5) years from the date of award. Price must include all CLINs as listed on the Price Schedule. The Government intends to evaluate proposals and award a contract without discussions.

Therefore, Offerors are instructed that submitted proposals should contain their best pricing.

FAR Clause 52.217-8 Option to Extend Services.

(a) As part of price evaluation, the Government will evaluate its option to extend services (FAR Clause 52.217-8 - Option to Extend Services) by adding one-half of the Offeror’s final option period prices to the Offeror’s total price.

Thus, the Offeror’s total price for the purpose of evaluation will include the base period, 1st option, 2nd option, and one-half of the 2nd option. Offerors are required only to price the base and two (2) options. Offerors shall not submit a price for the potential one-half year extension of services period.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

____ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (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).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

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

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

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

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

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

__X__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

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

__X__ (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

____ (30)(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.

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

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

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

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

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

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

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

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

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

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

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

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

13513).

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

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

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

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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

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

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

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

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

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

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

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

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

5150).

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

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

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

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

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

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

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (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).

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

_____ (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 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…