Attachment 2 - Combined Synopsis Solicitation Provisions and Clauses.pdf

9531BM23R0003

Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.212-4 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(Nov 2021)

Clauses incorporated by full text

52.252-2 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of clause)

52.212-5 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

(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 products and commercial services:

(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)).

ATTACHMENT 2

http://www.acquisition.gov/browse/index/far

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (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 products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

X (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. (Nov 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

X (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(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.

(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 (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

(18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s)

(20) 52.219-16, Liquidated Damages - Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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 (Jan 2022) (E.O. 13126).

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

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

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

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

X (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).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

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

X (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 (Jun 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American - Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (Nov 2021) (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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (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 (Oct 2018) (31 U.S.C. 3332).

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

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

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 (b) and 10 U.S.C. 2631).

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

(iii) Alternate II (Nov 2021) 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 products and commercial services:

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(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).

(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 (JAN 2021) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 (May 2014) (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 (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Nov 2021) (46 U.S.C. 55305 (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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS.

52.217-9 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 60 Months .

NTSB-001 NTSB-001 Confidentiality (March 2012)

a. The National Transportation Safety Board (NTSB) is an independent agency of the United States and enters into this contract with , herein known as "Contractor", as part of the fulfillment of its statutory duties under 49 U.S.C. §1131.

Be advised that all wreckage; written, electronic, and photographic data; testing protocols; descriptions of any existing, pending, or proposed work; conclusions; or any other information supplied to you by the NTSB or compiled, learned or otherwise acquired in the performance of work for the NTSB is, for the purpose of this contract, the property of the United States and is, under 18 U.S.C. §641, a thing of value. Be advised that 18 U.S.C. §641 provides, in pertinent part, as follows:

Whoever... steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record...or thing of value of the United States or of any department or agency thereof...Shall be fined not more than $10,000 or imprisoned not more than one year, or both.

b. All information, as described in paragraph (a) that is made available to the Contractor, its employees, subsidiaries, and agents in the course of performing the services sought through this contract, whether or not that information was directly or intentionally communicated, is confidential unless otherwise indicated in writing. The Contractor, its employees, subsidiaries, and agents shall not use, disclose or knowingly permit to be disclosed either orally, in writing, or by electronic means to any person (except those employees, subsidiaries, or agents who need to know the information for the purposes of this contract) any such information without the prior written consent of the NTSB.

c. The Contractor shall use its best efforts to prevent any disclosure of any confidential information to any third party and use at least the same care and discretion that it uses with similar data it designates as confidential.

d. In the event of any material breach of confidentiality by the Contractor, the contract will become void at the NTSB's option, at which time the Contractor will forfeit any payment and return 1) all monies paid under this contract to the NTSB and 2) any and all data collected or generated up to that point in performance of work for the NTSB. The NTSB will determine materiality of breach. The NTSB does not waive any other legal recourse available to the agency or the United States.

e. The Contractor will not act at any time as a consultant or provide opinion or expert testimony for any person or entity other that the NTSB on any matter related to the services performed under this contract. This prohibition includes but is not limited to any litigation or potential litigation arising from the accident(s) at issue.

NTSB-002 NTSB-002 Organizational Conflict of Interest (March 2012)

a. The NTSB technical point of contact, Contracting Officer's Representative (COR), or Contracting Officer are neither aware of any organizational conflicts of interest that may exist with respect to the company accepting work as a result of this Contract, nor is the Contracting Officer aware of any organizational conflicts of interest that may exist with respect to any employees of the company performing the services described in the contract. Pursuant to FAR Subpart 9.504 "Contracting Officer Responsibilities" paragraph (e), the Contracting Officer cannot make an award to any company for whom a conflict of interest is determined to exist which cannot be avoided or mitigated.

b. The Contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances, which could give rise to an Organizational Conflict of Interest (OCI).

c. The Contractor agrees that if an actual, apparent or potential OCI is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the contracting Officer, to avoid, mitigate, or neutralize the actual, apparent or potential conflict.

d. Remedies – If the Government discovers an actual or potential conflict after award, it may terminate this contract (and any task orders issued hereunder) for convenience, in whole or in part. If the government deems such termination necessary to avoid an OCI prior to award, no award will be made. If the Contractor did not disclose relevant information or misrepresented relevant information to the Contracting Officer, the government may terminate the contract for default, debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

NTSB-003 NTSB-003 On-Site Contractor Qualifications (June 2010) Prescription; This clause applies to the extent that a contract action requires that a contractor's employees, subcontractors, independent contractors, consultants and/or teaming partners have:

(1) Unescorted access to NTSB facilities; and/ or

(2) Access to sensitive information, regardless of the location where such access occurs

SPECIAL INSTRUCTONS

a. Definitions

As used in this clause- Contractor employees/personnel shall mean employees, subcontractors, consultants, independent contractors, and/or teaming partners who perform work for the NTSB, provide support to NTSB and who require unescorted access to NTSB-owned facilities, NTSB-controlled facilities, or commercial facilities operating on behalf of NTSB; or access to NTSB information technology (IT) systems and the systems' data; and/or national security information including classified information, regardless of the location where such access occurs.

(1) "Sensitive Information" (SI) is any information, including proprietary data or information of private individuals and entities that the NTSB has custody of and/or access to by virtue of its investigations and other activities, that, if subject to unauthorized access, modification, loss, or misuse, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in the Privacy Act, 5 U.S.C. 552(a), but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. In addition to SI defined above by the NTSB, SI shall include confidential information on this contract that is: (1) any specifications, know-how, strategies or technical data, processes, business documents or information, marketing research and other data, customer or client lists, or sources of information which are owned, used or possessed exclusively by or for the benefit of the NTSB and based on its SI; (2) SI derived work products(s); (3) all SI obtained by the Contractor from a third party in connection with performance under its contract.

b. Requirements for Safeguarding and Control of SI

1. Contractor employees/personnel shall protect all NTSB SI to which the Contractor is granted physical or electronic access by adhering to the specific IT security requirements of its contract and the NTSB security policies as described in the following:

NTSB Operations Bulletin CIO-GEN-017, Security Language for Contracts Policy and its references/links.

2. When work under a contract involves unescorted access to NTSB-owned facilities, NTSB-controlled facilities, or commercial facilities operating on behalf of NTSB and/or access to SI, contractor employees/personnel providing services under this contract shall be held to the same security standards as NTSB employees. Neither the Contractor nor its employees/personnel, as defined in this clause, shall disclose SI to anyone who does not have a valid need to know, nor shall it use or allow the use of SI to further any private interest other than those within the scope of the contract. The Contractor shall immediately notify the NTSB Contracting Officer in writing of any subpoena, court order, or other legal action requiring disclosure of SI. The requirements for safeguarding and controlling SI apply unless it is required by any law, court order, subpoena, congressional action, or another other action determined by NTSB to be a routine use pursuant to 5 U.S.C. 552a(b)(3), or as otherwise authorized in writing by the NTSB stating that release is required to perform the Contractor's duties under this contract.

c. Personnel Security Requirements

1. All contractor employees/personnel must have favorably adjudicated background investigations commensurate with the sensitivity level of the position held before being granted access to NTSB sensitive information.

2. The Contractor shall ensure all contractor employees/personnel are properly submitted for appropriate clearances.

3. The Contractor shall ensure that appropriate controls have been implemented to prevent contractor employees/personnel from obtaining access to NTSB SI before a favorably adjudicated background investigation has been completed and appropriate clearances have been issued. At the option of the NTSB, interim access may be granted pending completion of a pre-employment check or OPM investigation. Final access may be granted only upon favorable completion of the appropriate background investigation based on the risk level assigned to the contract by the NTSB Contracting Officer. The NTSB reserves the right to remove from service any Contractor employee whose background investigation returns unfavorable information.

4. The Contractor shall ensure that its employees/personnel have a validated need to access NTSB sensitive information and are granted the most restricted set of access privileges needed for performance of authorized tasks.

Upon request by the NTSB, the Contractor shall provide full and complete information as to an individual's suitability to have access to SI.

5. To protect sensitive information, the Contractor shall provide training to contractor employees/personnel who have access to SI. This training shall occur at least annually and shall promote a consistent understanding of the principles and concepts of security awareness, accepted security practices, and system rules of behavior.

6. The NTSB Contracting Officer may require the Contractor to remove individuals from the contract that demonstrate incompetence, carelessness, unsuitability, or other objectionable behavior that is inconsistent with the security requirements of the contract and national security interests.

7. Contractor employees/personnel with access to NTSB SI, prior to beginning work, shall sign a NTSB confidentiality and non-disclosure agreement to be furnished to the NTSB Contracting Officer.

d. Pre-employment Security Screening of Contractor Personnel

1. All Contractor employees/personnel assigned to work in a NTSB-owned facilities, NTSB-controlled facilities, or commercial facilities operating on behalf of NTSB under this contract and those with access to IT and SI will be required to undergo, at a minimum, a pre-employment security screening investigation prior to being permitted to report to work. For contracts requiring work on government site for greater than six (6) months, Contractor employees shall also be required to undergo an investigation to be conducted by the US Office of Personnel Management (OPM) (see paragraph 3 below). The NTSB reserves the right to authorize Contractors to start work prior to the completion of any investigations. For all contracts, the Contractor shall ensure and certify that every contractor employee/personnel meets the following criteria:

i. Contractor employees/personnel must be U.S. citizens or Legal Permanent Residents. Only U.S.

Citizens can access NTSB Information Technology (IT) Systems;

ii. Contractor employees/personnel have undergone a favorable Background Investigation (see paragraph 2 below);

2. For contracts requiring work on government site for less than six (6) months and/or access to SI, the Contractor shall submit the following documentation (all forms will be provided at time of contract award) to the NTSB Contracting Officer and COTR for all applicable Contractor employees by no later than 15 days after receipt of contract. If, by extension to the contract, work on government site will exceed six (6) months, the requirements of paragraph 3 will become applicable.

a. Background Investigation Form. This is a release for NTSB to conduct a verification of education, previous employment/work history, credit history, motor vehicle records, contact personal references, require the provision of a urine specimen to be tested for the presence of drugs or alcohol, investigate worker's compensation claims and obtain any criminal or civil history record information pertaining to me which may be in the files of any Federal, State or Local criminal justice agency in any state or province or any information as deemed necessary to fulfill the job requirements;

b. Resume(s). Each resume shall be signed by the employee and shall list the employees Social Security number;

c. Report Request Form (also known as an Investigative Request Form). The top portion of the form is to be completed by the contractor and the bottom (bold) portion of the form is to be completed by a NTSB Human Resources (HR) Representative;

d. The Contractor shall provide a statement indicating whether or not a background investigation has been performed previously on the employee by a federal agency;

e. The Contractor shall make available to the NTSB any information obtained from a background check performed by the Contractor on the employee.

3. For contracts requiring work on government site for greater than six (6) months, the Contractor shall submit the documentation (all forms will be provided at time of contract award) listed below by no later than 15 days after receipt of contract:

a. Background Investigation Form. This is a release for NTSB to conduct a verification of education, previous employment/work history, credit history, motor vehicle records, contact personal references, require the provision of a urine specimen to be tested for the presence of drugs or alcohol, investigate worker's compensation claims and obtain any criminal or civil history record information pertaining to me which may be in the files of any Federal, State or Local criminal justice agency in any state or province or any information as deemed necessary to fulfill the job requirements;

b. Resume(s). Each resume shall be signed by the employee and shall list the employees Social Security number;

c. Report Request Form (also known as an Investigative Request Form). The top portion of the form is to be completed by the contractor and the bottom (bold) portion of the form is to be completed by a NTSB HR Representative;

d. The Contractor shall provide a statement indicating whether or not a background investigation has been performed previously on the employee by a federal agency;

e. The Contractor shall make available to the NTSB any information obtained from a background check performed by the Contractor on the employee;

f. SF-85, Questionnaire for Non-Sensitive Positions. Use http://www.opm.gov/forms/pdf_fill/sf85.pdf to access and complete the fillable version of the SF-85 form. When completing the SF-85 pay particular attention to the instructions (i.e., all addresses MUST have State and zip codes; and some of the responses must be in a descending chronological order). Depending on the nature of the work to be performed, an SF-86, Questionnaire for National Security Positions, may be required in place of the SF-85;

g. Fingerprints will be taken using the SF-87 Fingerprint Card (to be provided by the NTSB). Contractors shall have fingerprints taken at a police station using the SF-87 provided by the NTSB;

h. A Contractor that participates in the National Industrial Security Program (NISP) may certify in writing, through the COTR, that its employees/personnel have met the standard defined above.

e. Information Technology Security Program

When performance of the contract requires that NTSB SI be stored or processed on Contractor-owned information systems, the Contractor shall establish and maintain an IT Security Program which implements security controls as defined in National Institute of Standards and Technology Special Publication 800-53 Recommended Security Controls for Federal Information Systems that includes, but not limited to, physical and environmental security; operations planning; information classification, control and disclosure; security awareness, training and education; and incident response. Prior to the approval to store or process NTSB SI, the system must receive Certification and Accreditation by the NTSB in accordance with National Institute of Standards and Technology Special Publication 800-57 Guide for the Security Certification and Accreditation of Federal Information Systems. This program shall at a minimum, contain the following elements:

http://www.opm.gov/forms/pdf_fill/sf85.pdf

(a) Handling of NTSB SI and IT resources to include media protection, access control, auditing, network security, and rules of behavior;

(b) Ongoing SI Training and Awareness for contractor personnel;

(c) Security Incident Reporting;

(d) Contingency Planning;

(e) Security Reviews;

(f) Contract Closeout Actions.

f. Flowdown to subcontracts

The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

NTSB-004 NTSB-004 Contracting Officer's Representative (March 2012)

(a) The Contracting Officer may appoint a Contracting Officer's Representative (COR) for this requirement. The COR is responsible for the technical administration of this contract and is the technical liaison with the Contractor. He/she is authorized to give technical direction and review and recommend approval of:

(1) Technical matters not involving a change in the scope, price, terms or conditions of this contract

(2) Progress Reports

(3) Inspection and acceptance of supplies/services

(4) Invoices.

(b) The COR IS NOT authorized to issue technical instructions that:

(1) Institute additional work outside the scope of the contract

(2) Constitute a change as defined in FAR 52.243-2

(3) Cause an increase or decrease in the estimated cost of the contract

(4) Alter the period of performance

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

(c) The COR for this contract is:

National Transportation Safety Board (NTSB) Office/Division 490 L'Enfant Plaza East. SW, Washington, DC 20594 Name, title: , Phone:

E-mail:

NTSB-005 NTSB-005 Key Personnel (December 2006)

a. Personnel assigned by the contractor to this contract must possess requisite technical qualifications to perform the described tasks. The Contractor must identify any personal, professional or business relationship that could cause a conflict of interest with performing any of the proposed work requirements.

b. If performance by the contractor personnel is determined to be unsatisfactory at any time during the life of the contract, the Government reserves the right to request and receive satisfactory personnel replacement within 45working days of contractor notification. Notification will include the reason for requesting the replacement personnel. Replacement personnel qualifications must be equal to or greater than those of the personnel being replaced. Resumes shall be furnished to the Contracting Officer for each proposed replacement to ensure they meet the technical qualifications.

c. The Key Personnel under this Contract are:

NTSB-006 NTSB-006 Contractor Supervision (December 2006) This is a non-personal services contract per FAR 37.101. The Contractor shall provide total supervision of its staff. The Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Project Manager for this contract is and he/she shall ensure that these contract requirements are fulfilled.

NTSB-007 NTSB-007 Non-Personal Services (December 2006)

(a) As stated in the Federal Register, Volume 57, No. 190,45096, dated, September 30, 1992, Policy Letter on Inherently Government Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee's supervisor. If the Contractor believes a Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently governmental action under this contract. No Contractor employee shall present himself or herself as a Government employee. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employees shall state that they have no authority to, in any way, change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause.

Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's rights to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

NTSB-009 NTSB-009 Indemnification (December 2006) The Contractor Indemnifies the Government against all claims, demands, or causes of action to which the government might be subject to as a result of damage, injury and/or death to the property or person of anyone other than the Government or its employees, arising in whole or in part from the negligence or other wrongful act of the Contractor, or its agents or employees, or any subcontractor, or its agents or employees. The indemnity includes, without limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work under this contract. For any claim, made after 90 days, the rights of the parties shall be as determined by other provisions of this contract and by law. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity.

NTSB-011 NTSB-011 Standard Invoices – IPP (June 2020)

The Contractor shall follow the instructions for electronic submission of invoices detailed in clause IPP-001 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP). With each payment request made in IPP, the Contractor shall upload an original invoice as an attachment, along with any supporting documentation, as required under the contract. An invoice must include:

a. Name and address of the Contractor;

b. Contract number, task order number (if applicable), and contract line item number;

c. Invoice date and number;

d. Description, quantity, unit of measure, unit price and extended price of the items delivered;

e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

f. Terms of any discount for prompt payment offered;

g. Name and address of official to whom payment is to be sent; Name, title, and phone number of person to notify in event of defective invoice; and Taxpayer Identification Number (TIN). The Contractor shall include its

TIN on the invoice only if required elsewhere in this contract.

h. Electronic funds transfer (EFT) banking information:

1. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

2. If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by electronic Funds Transfer-

System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

3. EFT banking information is not required if the Government waived the requirement to pay by EFT.

i. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

NTSB-021 NTSB-021 Holidays (July 2022) (a)(1) The National Transportation Safety Board observes the following days as holidays:

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day

Christmas Day

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

(a)(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) NTSB may close a NTSB facility for all or a portion of a business day as a result of—

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

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(b)(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical 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.

(b)(3) The contractor agrees to continue to provide sufficient personnel to perform requirements of critical tasks already in operation or scheduled for performance during the period in which NTSB 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 NTSB 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 21 days per month.

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

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.

(c)(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, NTSB 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.

NTSB-023 NTSB-023 Availability of Funds During a Continuing Resolution (March 2012) The NTSB is currently operating under a Continuing Resolution (CR). Performance of work under this contract/agreement is only authorized through the end date of the current CR and cannot exceed the contract/agreement price.

If this contract/agreement is partially funded and requires funds be obligated to continue performance, the Contracting Officer (CO) authorizes performance of work through the end date of the current CR. The CO will obligate additional funds not to exceed the contract/agreement price, by unilateral modification(s).

If this contract/agreement has been fully funded at a level equal to the contract/agreement price, the Contracting Officer (CO) authorizes performance of work through the end date of the current CR.

Performance of work is not authorized at any time to continue beyond the end date specified in the contract line item(s) period of performance unless authorized by the Contracting Officer.

The NTSB is not liable for any payment that may arise under this contract/agreement which results from:

(1) Expenditures exceeding the contract/agreement price; or

(2) Performance continuing beyond the end date of a CR and the Fiscal Year (FY) budget has not been enacted.

Upon the enactment of the FY budget, the terms of this clause will no longer remain in effect and the CO authorizes performance of work through the end date specified in the contract line item(s) period of performance. If this contract/agreement is partially funded and requires funds be obligated to continue performance, the CO will obligate additional funds not to exceed the contract/agreement price, by unilateral modification(s).

Additional information on the status of the Appropriations Bills, including current Continuing Resolutions, may be found at http://thomas.loc.gov/.

IPP-001 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must…