A02_PWS_ACQ-26-0681.pdf

DRAFT

PERFORMANCE WORK STATEMENT (PWS)

For

EMPLOYMENT VERIFICATION SERVICES

Department of Labor Office of Workers’ Compensation Programs Division of Energy Employees Occupational

Illness Compensation

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

Public Law 106-398, the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000, as amended (the Act), established a program to compensate nuclear weapons program workers who suffered adverse health effects from exposure to beryllium, ionizing radiation, and other hazards in the course of their nuclear weapons program-related work. The President, in an Executive Order dated December 7, 2000, assigned program implementation responsibilities to various executive departments. The Fiscal Year 2005 National Defense Authorization Act, signed by President Bush on October 28, 2004, abolished Part D of the EEOICPA administered by the Department of Energy (DOE) and replaced it with a new system of federal payments called Part E to be administered by the Department of Labor (DOL).

The DOL’s Office of Workers’ Compensation Programs (OWCP), Division of Energy Employees Occupational Illness Compensation (DEEOIC) is responsible for adjudicating claims associated with Part B and Part E of the Act. According to 20 CFR §30.105 under the DOL EEOICPA Regulations, the DOE has the responsibility for verifying employment at covered DOE facilities.

The DOL verification process includes: (1) establishing that a contractual relationship existed between the covered facility and the identified employer (contractor); (2) verifying that the claimant was an employee of a covered employer during a specific time period; and (3) placing the claimant on site at the covered facility.

Occasionally, DOE or the corporate verifier does not have records sufficient to verify employment. Therefore, it becomes necessary for DOL to search other resources for verification. Alternative methods for employment verification include: the Oak Ridge Institute for Science and Education (ORISE) electronic database, the claimant’s personal records, the Social Security Administration, affidavits from former co-workers of the claimant, and union records.

The DOL receives claims from many employees who worked in jobs related to construction or trades (e.g.

construction workers, electricians, plumbers, etc.). Due to these types of jobs usually being associated with a subcontract, employment is extremely difficult to verify using the DOL’s current resources. Hence, DOL has found the use of union records to be of tremendous assistance in the verification of contractor/subcontractor contractual relationships with the DOE. Some contractors have access to relevant union, pension, or other records that could assist the DOL in the verification of these contractual relationships.

1.1 OBJECTIVE: The objective of this effort is to research, analyze, and obtain documentation establishing contractor/subcontractor contractual relationships with the DOE and maintain a database that tracks the evidence collected that supports this relationship.

1.2 PERIOD OF PERFORMANCE: The period of performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods. The Period of Performance is as follows:

Base Period: November 1, 2026 – October 31, 2027 Option Period 1: November 1, 2027 – October 31, 2028 Option Period 2: November 1, 2028 – October 31, 2029 Option Period 3: November 1, 2029 – October 31, 2030 Option Period 4: November 1, 2030 – October 31, 2031

1.3 QUALITY CONTROL: The Contractor shall provide the Government with a quality control plan no later than 30 days from the date the contract is awarded.

1.4 QUALITY ASSURANCE: The government shall evaluate the Contractor’s performance under this contract in accordance with the performance standards.

1.4 RECOGNIZED HOLIDAYS: The Contractor is not required to perform services on the following Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth National Independence Day

1.5 HOURS OF OPERATION: The Contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance the task defined within this PWS 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 workforce are essential.

1.6 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the contractor’s facility or field offices.

1.7 TYPE OF CONTRACT: The government anticipates an award of a Fixed Price contract.

1.8 SECURITY REQUIRMENTS: Contractor employees are required to conform to DOL's security and privacy requirements as described below.

1.8.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this PWS shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this PWS will agree to and sign the DOL Rules of Behavior for Computer Use and a Non-Disclosure Agreement. A copy of each signed and witnessed Non-Disclosure Agreement shall be submitted to the COR prior to the employee performing any work under any task order.

1.8.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.8.3 Background Investigations:

Background investigations do not apply since the Contractor does not perform their work at a DOL or DOE facility.

1.8.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.8.3.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system. 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

1.8.4 Privacy

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.8.5 Ownership

All products and deliverables developed under this PWS are the property of the U.S. Government and DOL.

1.8.6 Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.9 CONTRACTING OFFICER’s REPRESENTATIVE (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract;

ensure the contractor complies with all requirements of the PWS; review and evaluate the contractor’s progress in relation to expenditures; review invoices and vouchers for reasonableness and applicability, conditionally approve or disapprove invoices; conduct periodic contractor site visits; and review progress reports from contractor. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.10 PERSONNEL: The Contractor and key personnel will have extensive institutional knowledge of the current and historical operations performed at the DOE sites – the work being performed, the occupations related to construction or trades and the time period the contractors were on site, as well as DOE medical screening programs and the records they may have, and any other sources of information to identify subcontractors. The Contractor must have access or the ability to gain access to documents from various local unions, health programs and pension funds. Contractor employees should have experience with researching and interpreting DOE and union related personnel records. The information may include data covered under the Privacy Act.

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COR – Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor.

DOE – Department of Energy

DOL – Department of Labor

FAR – Federal Acquisition Regulation

Quality Assurance – Those actions taken by the government to assure services meet the requirements of the PWS.

QC – Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

SF – Standard Form

PWS – Performance Work Statement

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

The Government shall provide the following resources to the Contractor staff performing under this PWS.

Information Sources

Knowledgeable DOL personnel will be made available to assist Contractor personnel in determining information pertinent to this PWS.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

None.

Contract DOLJ119E32607 on September 29, 2011, a determination was made that DOL and CPWR would co-own the structure, and that database records populated with CPWR proprietary information would be given to DOL, along with the structure, at the end of the contract between CPWR and DOL.

The government would provide a copy of the database information and database structure from the current vendor.

PART 5

SPECIFIC TASKS

5.0 TASKS

5.0.1 There are five main tasks to be performed under this contract:

Task 1: Requests for Information on Contractual Relationship

Upon receipt of a request for contractual information from the DOL, the Contractor will perform some or all of the following work and complete it within 20 business days from date of receipt from DOL:

Provide evidence that the employer had a contractual relationship with a covered facility

Task 2: Requests for Copies of Supporting Documentation

Upon receipt of a request for supporting documentation establishing the contractual relationship with DOE, the Contractor will perform some or all of the following work and complete it within five (5) business days from date of receipt from DOL:

Provide the DOL with a copy of supporting documentation that establishes the contractual relationship with DOE

Task 3: Develop and Maintain Database

The Contractor will develop and maintain a process for tracking, in an electronic format, all evidence collected/received in support of a contractor/subcontractor contractual relationship with the DOE and include the minimum data requirements outlined in 5.2.1. The database will be a cross-relational list of contractors/subcontractors to DOE worksites.

Task 4: Site Visits

Allow the DOL to conduct site visits with access to the evidence collected in support of the information added to the database.

Task 5: Performance Reporting

Provide a monthly report to the DOL, in electronic format, to include reporting data required under this PWS. The Contractor shall submit monthly progress reports by the tenth calendar day of each month.

5.0.2 The Contractor will research, analyze and obtain evidence supporting Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, all evidence collected/received in support of a Contractor/Subcontractor contractual relationship with the DOE, and report back to the DOL the information it has obtained. The Contractor will ensure that the documents collected as evidence are properly maintained and stored for future reference.

5.0.3 The Contractor will provide a public version of the electronic database allowing access to a limited set of the information pertaining to Contractor/Subcontractor contractual relationships with the DOE. The link for the public version of the database will be posted to the DEEOIC website and will not require a User ID or password for access.

5.1 METHOD OF TASKING

All work will be performed in accordance with procedures approved by the DOL, with ongoing performance monitoring. All work performed under this contract will be under the direction of the DOL, and/or specifications developed by the DOL. The work to be performed will entail development work and operational work.

5.2. PERFORMANCE REQUIREMENTS

5.2.1 The Contractor will research, analyze and collect evidence supporting a Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, evidence collected in support of a Contractor/Subcontractor contractual relationship with DOE.

At a minimum, the Contractor shall maintain data to include: 1) the Contractor/Subcontractor name; 2) the DOE site; and 3) the time-period(s) verified and considered to be covered employment.

The Contractor shall apply reasonable research techniques and interpretive analysis when evaluating the evidence in support of the data that will be contained in the database.

5.3 PERFORMANCE OBJECTIVES

5.3.1 Development

Interact with the DOL on the planning and performance of this work Develop and validate procedures for providing the DOL with information to assist in establishing contractor/subcontractor contractual relationships Develop administrative procedures for collecting and managing data and evaluating performance Develop and conduct staff training on procedures

Develop procedures for data management, quality assurance and performance monitoring Develop and maintain a tracking mechanism for data collected in support of contractual relationship.

Provide a public version of the electronic tracking system that can be posted to the DEEOIC website.

5.3.2 Operational

Upon receipt of a request for contractual information from the DOL, the Contractor will perform some or all of the following work and complete it within 20 business days from date of receipt from

DOL:

o Provide evidence that the employer had a contractual relationship with a covered facility

Upon receipt of a request for supporting documentation establishing the contractual relationship with DOE, the Contractor will perform some or all of the following work and complete it within 5 business days from date of receipt from DOL:

o Provide the DOL with a copy of supporting documentation that establishes the contractual relationship with DOE Upon receipt of any new contractual information for a covered facility, the Contractor will update the electronic tracking system with any new evidence for the covered facility.

Allow the DOL to conduct site visits with access to the evidence collected in support of the information added to the database.

Performance Reporting as follows:

o Provide a monthly report to the DOL, in electronic format, to include the number and name of subcontractors added to the database, the number of attempted log-ins to the database by each District Office, Final Adjudication Branch, and National Office, and the number of requests by each District Office, Final Adjudication Branch, and National Office for verification of the existence of a contractual relationship with the DOE.

o Provide a monthly report to the DOL that includes the number of attempted unique hits to the public version of the database and the total number times the database is viewed during that month.

o Provide a monthly report to the DOL that includes a description of the activities performed to achieve the performance objectives.

o Provide a monthly report to the DOL that includes a listing of research attempts and records reviewed to obtain evidence of contractual agreements. For example, researched health and pension funds, researched union records, etc. The DOL expects the report to be as specific as possible.

5.4 DELIVERABLES:

1. An updateable electronic structure to maintain a cross-relational list of contractors/subcontractors to DOE worksite, in a reportable format in accordance with this PWS.

2. Upon the end of the contract, the Contractor will transfer all information in the electronic structure, including the “electronic key,” to the DOL.

3. Upon the end of the contract, the Contractor will transfer all hard copy documents supporting the data maintained in the electronic structure to the DOL.

4. A monthly report of proven contractors/subcontracts that have been added since previous report. The report will include the number and name of Subcontractors. The report will also include the number of attempted monthly log ins to the database by each District Office, Final Adjudication Branch and National Office, and the number of requests for evidence of a contractual relationship with the DOE that is received from each District office, Final Adjudication Branch and National Office.

5. Provide a monthly report of all attempts made to demonstrate the activities performed to achieve the performance objectives.

6. The Contractor will be expected to complete work related to requests for information on contractual relationships with DOE within 20 business days from date of receipt from DOL.

7. The Contractor will be expected to complete work related to the DOL requests for copies of supporting documentation establishing contractual relationships with DOE within 5 business days from the date of receipt from DOL.

8. The Contractor will be expected to ensure that updates to the database are derived from appropriate research and the application of sound interpretive analysis.

9. The Contractor shall submit monthly progress reports by the tenth calendar day of each month.

10. Production of reports and responding to requests for information will be provided as needed.

11. The Contractor shall provide a public version of the database that will, at a minimum, display a listing of Contractor / Sub-Contractors (with an associated search feature), and a listing of DOE Sites with an associated search feature.

12. The Contractor shall report to the COR (or other designated Government representative) on a monthly basis, the number of monthly attempted unique hits to the public site and the total number times the database is viewed during that month.

5.5. RESTRICTIONS RELATING TO CONFIDENTIALITY AND DISCLOSURE OF INFORMATION:

Any designs, equipment, and concepts that evolve from performance hereunder shall be considered as “Confidential Information.” The Contractor shall not disclose any confidential information obtained in the performance of this contract. Any presentation of any designs, equipment, or concepts based on information obtained from the tasks covered by this contract will be subject to review and approval by the Government before publication or dissemination for accuracy of factual data and interpretation.

During the course of this contract, the Contractor shall have access to Government data relevant to this project as required. Any information, not previously published, received from the Government in connection with this contract or furnished to the Contractor from other sources in response to the Government’s requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose without the prior written approval of the Contracting Officer (CO). Title to Government-owned data shall remain with the Government. The Contractor shall use the Government-owned data only in connection with this Contract.

These restrictions do not apply to information which (a) currently or subsequently enters the public domain; (b) has been released to any third party; or (c) is obtained by the Contractor independent of the Government.

The data collected under this contract shall be the property of the Department of Labor, Office of Workers’ Compensation Programs. The Contractor or subcontractor(s) will not release information on any individual to any entity other than OWCP without OWCP consent.

The Contractor agrees not to release to the public any data, analyses, or information relating to this Task Order, unless directed to do so by the COR.

PART 6

APPLICABLE PUBLICATIONS

Not Applicable

TECHNICAL EXHIBIT 1: PERFORMANCE REQUIREMENTS SUMMARY

The Government shall evaluate the Contractor’s performance based on contract requirements. The Government’s objective is to receive services described under this contract in accordance with the performance standards identified below.

The Government shall utilize different methods of surveillance such inspection of submissions and systemic monitoring of inventory data. However, the Government is not limited in his oversight of the contracted services and may use a variety of methods to surveil the contractor’s performance. The Government shall utilize the Contractors Performance Assessment Reporting System to evaluate the Contractor’s performance.

The contractor performance service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance

Objective Standard Performance

Threshold/ Acceptable

Quality Level

Method of Surveillance

Task 1: Requests for Information on Contractual Relationship

5.3.2 and 5.4 Item 6

Upon receipt of a request for contractual information from the DOL, the Contractor will perform some or all of the following work and complete it within 20 business days from date of receipt from DOL:

o Provide evidence that the employer had a contractual relationship with a covered facility

Upon receipt of any new contractual information for a covered facility, the Contractor will update the electronic tracking system with any new evidence for the covered facility.

Allow the DOL to conduct site visits with access to the evidence collected in support of the information added to the database.

95-100% of the time.

Periodic Inspection by the COR.

Task 2: Requests for Copies of Supporting Documentation

5.3.2 and 5.4 Item 7

Upon receipt of a request for supporting documentation establishing the contractual relationship with DOE, the Contractor will perform some or all of the following work and complete it within 5 business days from date of receipt from DOL:

o Provide the DOL with a copy of supporting documentation that establishes the contractual relationship with

DOE

Upon receipt of any new contractual information for a covered facility, the Contractor will update the electronic tracking system with any new evidence for the covered facility.

The Contractor will be expected to complete work related to the DOL requests for copies of supporting documentation establishing contractual

95-100% of the time.

Periodic Inspection by the COR.

relationships with DOE within 5 business days from the date of receipt from DOL.

Task 3: Develop and Maintain Database 5.0.1, 5.2.1 and 5.4 Item 1

The Contractor will research, analyze and obtain evidence supporting Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, all evidence collected/received in support of a Contractor/Subcontractor contractual relationship with the DOE, and report back to the DOL the information it has obtained. The Contractor will ensure that the documents collected as evidence are properly maintained and stored for future reference.

The Contractor will research, analyze and obtain evidence supporting Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, all evidence collected/received in support of a Contractor/Subcontractor contractual relationship with the DOE, and report back to the DOL the information it has obtained. The Contractor will ensure that the documents collected as evidence are properly maintained and stored for future reference.

An updateable electronic structure to maintain a cross-relational list of contractors/subcontractors to DOE worksite, in a reportable format in accordance with this PWS.

100% of the time

Periodic Inspection by the COR.

5.0.2 and 5.4 Item 11

The Contractor will provide a public version of the electronic database allowing access to a limited set of the information pertaining to Contractor/Subcontractor contractual relationships with the DOE. The link for the public version of the database will be posted to the DEEOIC website and will not require a User ID or password for access.

The Contractor shall provide a public version of the database that will, at a minimum, display a listing of Contractor / Sub-Contractors (with an associated search feature), and a listing of DOE Sites with an associated search feature.

100% of the time

Periodic Inspection by the COR

5.4 Item 8 The Contractor will be expected to ensure that

updates to the database are derived from appropriate research and the application of sound interpretive analysis.

100% of the time

Periodic Inspection by the COR

Task 4: Site Visits

5.3.2 Allow the DOL to conduct site visits with access

to the evidence collected in support of the information added to the database.

100% of the time

Direct Observation /Periodic Inspection by the COR

Task 5: Performance Reporting

5.3.2 and 5.4 Items 4, 5, 9, and 12.

Performance Reporting as follows:

Provide a monthly report to the DOL, in electronic format, to include the number and name of subcontractors added to the database, the number of attempted log-ins to the database by each District Office, Final Adjudication Branch, and National Office, and the number of requests by each District Office, Final Adjudication Branch, and National Office for verification of the existence of a contractual relationship with the DOE.

Provide a monthly report to the DOL that includes the number of attempted unique hits to the public version of the database and the total number times the database is viewed during that month.

Provide a monthly report to the DOL that includes a description of the activities performed to achieve the performance objectives.

95-100% of the time

Random Sampling /Periodic Inspection by COR via email

Provide a monthly report to the DOL that includes a listing of research attempts and records reviewed to obtain evidence of contractual agreements. For example, researched health and pension funds, researched union records, etc. The DOL expects the report to be as specific as possible.

A monthly report of proven contractors/subcontracts that have been added since previous report. The report will include the number and name of Subcontractors. The report will also include the number of attempted monthly log ins to the database by each District Office, Final Adjudication Branch and National Office, and the number of requests for evidence of a contractual relationship with the DOE that is received from each District office, Final Adjudication Branch and National Office.

Provide a monthly report of all attempts made to demonstrate the activities performed to achieve the performance objectives.

The Contractor shall submit monthly progress reports by the tenth calendar day of each month.

The Contractor shall report to the COR (or other designated Government representative) on a monthly basis, the number of monthly attempted unique hits to the public site and the total number times the database is viewed during that month.

TECHNICAL EXHIBIT 2: DELIVERABLES SCHEDULE

All project deliverables must be provided on the dates specified by the COR. All deliverables must be submitted in a format approved by the COR or designee.

In the event a deliverable cannot be produced within the scheduled time frame, the Contractor is required to contact the COR in writing with a reason for the delay and the proposed revised schedule. The request for a revised schedule must include the impact on related tasks and the overall project. Any request for a revised schedule must be reviewed and approved by the COR before placed in effect. Contract terms and conditions may dictate penalties, costs, and other actions based on the facts related to the request for a revised schedule.

Item No.

Deliverable

Frequency

Number of

Copies

Medium/Format

Submit To

001 The Contractor shall ensure requests for information on contractual relationships with DOE In accordance with

5.3.2 and 5.4 Item 6 of

PWS

Within 20 business days from date of request receipt from

DOL.

One (1)

Microsoft Office

Product Word

COR via email

002 The Contractor shall ensure requests for supporting documentation establishing the contractual relationships with DOE

Within 5 business days from date of request receipt from DOL.

Microsoft Office

Product Word

COR via email

In accordance with

5.3.2 and 5.4 Item 7 of

PWS

003 Provide a monthly report to the DOL, in electronic format by the tenth calendar day of each month

Monthly

Narrative Summary and Microsoft Office

Product Excel

COR via email

In accordance with

5.3.2 and 5.4 Items 4, 5, 9, and 12 of this PWS.

004 Upon the end of the contract, the Contractor will transfer all hard copy documents supporting the data maintained in the electronic structure to the DOL.

Once One (1) Paper documents or electronic copies Department of

Labor/DEEIOC Federal POC

5.4 Item 1 of PWS

005 Upon the end of the contract, the Contractor will transfer all information in the electronic structure, including the “electronic key,” to the

DOL.

Once

TBD

Department of

Labor/DEEIOC Federal POC

5.4 Item 2 of PWS

006 The Contractor will develop, maintain and update a database of all evidence collected/received in support of a contractor/subcontracto r contractual relationship with the

DOE.

Once One (1) TBD Department of Labor/DEEIOC Federal POC

5.3.1 of PWS

A - Solicitation/Contract Form

SECTION I- FAR CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018),

As prescribed in 12.301(b)(3)(Incorporated by Reference (IBR))

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 thirty (10) days of exercising this option provision.

(End of Clause)

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

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 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(b) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months

(End of Clause)

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

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JULY 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

3805 note)).

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

[X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

[ X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

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

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

[X ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

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

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (JUN 2020) of 52.219-9.

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

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

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

[X ] (22)(i) 52.219-28, Post-Award Small Business Program Re-representation (NOV 2020) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Non-manufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

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

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

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

[X ] (30)(i) 52.222-26, Equal Opportunity (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).

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

[X ] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (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 (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021) (41 U.S.C. 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 Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (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 (FEB 2006) (46 U.S.C. 55305) 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) 52.222-41, 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 (MAY 2014) (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 Under Executive Order 13658 (NOV 2020).

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination 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) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(vii) 52.222-26, Equal Opportunity (SEP 2016) (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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (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 (OCT 2015) (E. O. 12989).

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

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C.