Solicitation AG-82FT-S-12-0013MOD0001.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

12:00 p.m. MT

USDA Forest Service

|_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

Net 30

14. METHOD OF SOLICITATION

|_| RFQ |_| IFB |X| RFP

15. DELIVER TO CODE 82FT…..

USDA Forest Service Rocky Mountain Research Station 240 West Prospect Ave Fort Collins, CO 80526-2098

16. ADMINISTERED BY CODE 82FT…..

USDA Forest Service

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

Attn:

18a. PAYMENT WILL BE MADE BY CODE CSC-FS…..

USDA Rural Development; Central Servicing Center 4300 Goodfellow Blvd (FC-233); Bldg 105E St. Louis, MO 63120-1703 (314)457-5706

TELEPHONE NO. E-MAIL:

|X| SEE ADDENDUM

Tax ID Number:

DUNS Number:

MOD0001 is to add provision AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction and AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants

Optimization Modeling of Fire Fighting Resources

SEE ATTACHED

This solicitation is issued under FAR Part 12 Using FAR Part 13 evaluation procedures

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

JB

25. ACCOUNTING AND APPROPRIATION DATA

See Schedule

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

Anthony Salas 31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

All inquiries must be through email to the Contracting Officer.

Contracting Officer: asalas@fs.fed.us

32a. QUANTITY IN COLUMN 21 HAS BEEN |_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECTFOR

|PARTIAL | |FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.3/2005) BACK

FAR 52.212-1 Instructions to Offerors—Commercial Items (SEP 2006) is incorporated by reference see full text at http://farsite.hill.af.mil/vffara.htm

Addendum to 52.212-1 Instructions to Offerors—Commercial Items (SEP 2006)

Contracting Officer: asalas@fs.fed.us

(End of provision)

INSTRUCTIONS

SECTION

1. Provide Technical Capability Information with Quote

Provide the following written information clear and complete:

1. The Offeror’s understanding of the PWS objectives and requirements.

1. The comprehensiveness of the Offeror’s approach to meet all PWS requirements.

1. The feasibility of the Offeror’s approach ensuring low performance risk to the Government.

1. The skills, experience, expertise, and qualifications of the personnel proposed for the Key Positions ensure success in relation to the PWS requirements.

1. The education, credentials and/or certifications of personnel proposed for Key Positions are relevant to the PWS requirements.

Provide a resume with the qualifications to perform the requirements on the statement of work.

2. Provide Past Performance Information with Quote

Provide same or similar work information. The Government may contact references other than those identified by the offeror and the information received may be used in the evaluation of the offeror’s past performance. Provide minimum of 3 latest contracts prior or current, no more than 5. Contracts listed may include those entered into with the Federal Government, State and Local governments and Commercial enterprises. Offerors that are newly formed entities that do not have past performance experience for the newly formed entity, should list contracts and subcontracts that all key personnel were a part of. The offeror may provide information on problems encountered on the contract and corrective actions taken to resolve those problems.

· Name of firm and address for which the work was performed.

· Contact person and telephone number.

· Contract Number

· Place of Performance

· Period of Performance

· Type of service provided.

· Monthly amount of contract.

The contractor is responsible in providing correct and accurate information. References that provide incorrect phone numbers, contacts, unrelated service will not be counted as a reference.

Contractor may provide reference letters from their customers.

The Government reserves the right to obtain information from other sources (e.g., CPARS, PPIRS) to assess Offeror’s performance risk. The Government may consider positive and negative information not mentioned by the Offeror, but found during the course of assessing relevant Past Performance.

1.4 PRICE FACTOR

Price/Cost realism will be evaluated to ensure that the proposed prices reflect a clear understanding of the work and skills required for contract performance. Price/Cost proposals determined to be unrealistic in terms of technical commitment or unrealistically low in cost or price will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity and risk of the contract requirements and may be grounds for the rejection of the proposal.

The Government reserves the right to reject any quote that includes any assumption that adversely impacts the Government’s requirements.

52.212-2 -- Evaluation -- Commercial Items Jan 1999) is incorporated by reference see full text at http://farsite.hill.af.mil/vffara.htm

NOTICE: Your proposal will be evaluated in accordance with FAR part 13 as authorized by FAR part 12. Evaluation will be based on a comparable assessment.

(End of Provision)

Important -Evaluation: Submit your best offer as award may be made on initial offers without discussions. The technical evaluation is limited to the extent of the information you provide to us with your quote. Ensure you follow the instructions and submit the requested information, in detail, complete. The government may rely ‘only’ on the information you provide and is not obligated to ask for clarification or more information. Your technical quote must convey your complete understanding of the requirements of this contract. The government must be able to determine your technical capability and past performance.

(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:

Price Technical Factors:

Past Performance Technical Capability

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

It is advised that the offeror’s initial quote contain the Offeror’s best terms from a price and technical standpoint since the Government reserves the right to award this contract without discussions and/or to the Offeror possessing the “best value” to the Government. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

EVALUATION

SECTION

1. TECHNICAL CAPABILITY:

Not to exceed 5 pages.

Evaluation of contractor’s technical ability will be based on information provided that ensures adequate ‘risk’ associated with the level of technical ability.

Contractor shall provide adequate information as requested in the instructions section above along with a resume with the qualifications to perform the requirements on the statement of work.

2. PAST PERFORMANCE:

Minimum of 3 no more than 5 references.

Evaluation of the offeror’s past performance will be completed using references provided by the offeror. The Government may contact references other than those identified by the offeror and the information received may be used in the evaluation of the offeror’s past performance.

--Reference letters from customers may also be submitted.

- Provide all requested information in the past performance instructions.

The government may contact each reference to provide the following information:

3. PRICE: Evaluated for Price Reasonable balanced with Technical Factors for ‘Best Value”.

Price shall be evaluated on reasonable cost comparisons to market and other bidders, combined with the Technical factors to determine “Best Value”.

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS (Nov 2006)

Contractor is required to complete at site below: Verification shall be accomplished prior to award..

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (j) of this provision. (Access at http://farsite.hill.af.mil/vffara.htm , print out and complete, return with solicitation) (k)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (k)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (b) through (j) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (End of Provision)

PERFORMANCE WORK STATEMENT (PWS)

Optimization Modeling of Fire Fighting Resources

SECTION

1.0 Background: The Forest Service initiates research activities for the purpose of optimizing use and placement of fire fighting resources (crews, aircraft, engines etc.). Scientists and staff at the Missoula Fire Sciences Laboratory (FiSL) have been developing components of this optimization process but require programming support to integrate them and complete the research cycle in evaluating how well the optimization works.

The existing components include:

1. Fire ignition generator (FIG) using historical fire occurrence data and modeled weather

2. Initial attack (IA) model that uses the FIG together with resource attributes (location, type etc.) and dispatch logic to simulate fire fighting

3. Neural-network programming to drive the IA with different configurations of resources and depict the responses for use with different budget targets and performance constraints.

The programming requires integrating these components and producing a research-level graphical interface for testing, displaying and debugging. Given the timeframe for this project (completed by June 2013), ready and detailed knowledge of fire behavior modeling, fire behavior and weather inputs, spatial mapping and display, and multi-platform toolsets to support different operating systems is required to be successful.

2.0 Tasks:

1. Produce a monthly report detailing activities initiated and completed, status of each activity and hours utilized in the task categories, as broken out below.

2. Adapt FS-supplied existing code used for calculating fire behavior for the artificial fire seasons generated by the Fire Ignition Generator (FIG). This involves ingesting the table of ignitions (and their attributes, e.g. time, date, location), a spatial landscape file containing fuel and terrain data, and weather summaries from gridded modeling to produce fire behavior characteristics for each ignition from FlamMap or derived fire behavior model code.

3. Adapt FS-supplied existing code for the initial attack model (IA) to permit user-specified geographic areas, configurations and geographic locations of firefighting resources, dispatch logic, and FIG data.

4. Integrate an existing neural net heuristic solver with the IA module such that it will run user-specified numbers of IA runs for specified ranges of the input variables, store the suite of inputs and results in an on-disk database (for re-running as necessary), display queries from this database in graphical and tabular form, display results geographically for the analysis area, and identify solutions that achieve user-specified objectives and constraints.

5. Implement CMake cross-platform build system into this combined application (Tasks 2-4) and document the build process on the Redmine web site.

6. Develop and test a stand-alone command-line interface to the model code described in Tasks 2-4 on multiple OS and hardware platforms.

7. Work directly with the scientists and staff at the FisL to develop a cross-platform graphical interface for the model code described in Task 6, to achieve a research-useable version of the software that displays and analyzes the data associated with each stage of the program operation and the results of the optimization.

8. Work with FiSL scientists and staff to document the code integration and operation of the command-line and graphical software products.

3.0 Performance Requirements

(AQL)

Monitoring Method

· Intimate knowledge of fire behavior modeling components used at the FiSL (FlamMap, FireFamilyPlus), databases and SQL queries, geographic information system toolkits (GDAL), and spatial map displays.

· Expertise using these libraries and code to develop computer models that are used by wildland fire managers.

· Expert knowledge of C++, Python, and cross-platform software development tools.

· Knowledge of function of spatial data required for fire behavior modeling.

Contract Incentives/Disincentives

Disincentives:

1. If performance does not meet the required performance standards, more frequent reporting is required, as directed by the COR, without the Contractor billing additional hourly costs to the Government.

2. Rework required for unsatisfactory performance or deliverables (including typos, coding errors, etc) shall be done at no expense to the Government.

4.0 Deliverables

The COR/designee will have fifteen (15) workdays to review draft deliverables and make comments. The Contractor will have five (5) workdays to make corrections. Upon receipt of the final deliverables, the COR/designee will have five (5) workdays for final review prior to acceptance or providing documented reasons for non-acceptance. Should the Government fail to complete the review within the review period the deliverable will become acceptable by default.

The COR/designee will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR/designee of the specific reasons for rejection. The Contractor shall have five (5) workdays to correct the rejected deliverable and return it per delivery instructions.

Contracting Officer’s Representative (COR): Karen Iverson, USDA Forest Service, Rocky Mountain Research Station, Missoula Fire Sciences Laboratory, Missoula, MT.

Technical Contact: Mark Finney, USDA Forest Service, Rocky Mountain Research Station, Missoula Fire Sciences Laboratory, Missoula, MT.

5.0 Government Furnished Resources:

5.1 The work must be completed at the Fire Sciences Laboratory to ensure that the Forest Service scientists and staff have direct interaction in the development process. The Forest Service shall provide a computer, software, and network connection, occasional working space in a Forest Service laboratory, and any non typical office supplies that may be required for completion of the work.

5.2 Forest Service shall provide contractor identification cards and keys as necessary for access to government offices, research facilities and field study sites -if required by the assigned tasks.

5.3 The Forest Service shall provide all field and analytical equipment, if required by the assigned tasks.

5.4 IT Training Requirements: Contractor is required to successfully complete the USDA Computer Security Awareness Training and the USDA Privacy Basics training. The Forest Service will provide any access to training course(s) requirements such as the use of Government computer-Security Training and any other Safety or Security requirements required for the use of Government Property, Services, and Equipment prior to use.

6.0 Dependency Factors: All existing code will be provided by the individual scientists and staff of the FiSL.

7.0 Period of Performance

Anticipated Period of Performance: June 1, 2012 – May 31, 2013

The contractor will be allowed flexibility to provide services between the hours of 0700 and 1900, Monday – Friday except recognized Federal holidays (see list below) or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential.

Recognized Holidays:

8.0 Place of Performance and Travel:

8.1 Onsite work at the Missoula Fire Sciences Laboratory is required. The Forest Service will not reimburse overtime costs.

8.2 Travel is not expected for this task. In the event that travel is needed, the Contracting Officer must approve such travel prior to booking and commencement of travel. The Contractor shall be reimbursed for actual allowable and reasonable travel costs incurred during performance of this effort in accordance with the Federal Travel Regulation.

8.3 Work requested under this task order is not intended to improperly supplement the Forest Service staff and not intended to be used as a “personal services.” Further, the unit will assure that a “personal services” relationship will not be allowed to develop between using agency officials and contractor employees during the performance of any work under this task order. (Reference FAR section 37.104 regarding prohibited “personal services.”)

Inspection & Acceptance

AGAR 452.246-70 Inspection and Acceptance

(a) The Contracting Officer or the Contracting officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: destination.

(End of Clause)

Invoicing An electronic copy of the invoices shall be submitted to COR listed below for receipt/acceptance and then submitted to the Contracting Officer for final approval and forwarding to the National Finance Office for payment.

USDA FS, RMRS- Prospect Attn: Karen Iverson 5775 Highway 10 West Missoula, MT 59808

E-mail address: kiverson@fs.fed.us

FAR 52.212-4 - Contract Terms and Conditions – Commercial Items (Feb 2007)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2012)

SECTION

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313).

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] _X_ (12)(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).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011).

__ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

_X_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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.

(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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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.

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| Wage Determination No.: 2005-2317 Diane C. Koplewski Division of | Revision No.: 11 Director Wage Determinations| Date Of Revision: 06/13/2011