DTMA9117R00001_RMS_NS5_TechSupportSol.pdf

PDF 751 KB Posted Nov 1, 2016

Attached to: Specialized Technical Assistance for Ready Reserve Force Management System
Solicitation number: DTMA9117R00001
Issued by: Department of Transportation Maritime Administration

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Solicitation document for MARAD RMS Specialized Assistance and Professional Consulting services to provide support for the RMS Program Manager and assistance in process engineering and research analysis on the NS5 Database system

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DTMA9117R00001

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 38

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

00091

U.S. DOT/ Maritime Administration Office of Acquisition MAR-380

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

1500 ET 12/01/2016

Wilbur Turner 202 wilbur.turner@dot.gov

366-0700

PAGE(S)

Wilbur Turner

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

2-4

5-9 13-15

17-31

33-35

37-38

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

DTMA9117R00001

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

The Ready Reserve Force (RRF) Management System

(RMS) Program Office requires specialized assistance and professional consulting services.

Services to be provided shall require expert knowledge of the data structure, processing logic, and queries within American Bureau of

Shipping Nautical Systems software NS5, and expertise in maritime business processes, practices, and protocols. Contractor personnel will be given access to the MARAD NS5 database, but not NS5 source code. The contractor shall provide RMS technical assistance and support in accordance with performance work statement (PWS).

FOB: Destination

Period of Performance: 01/01/2017 to 12/31/2021

00001 Base Period- Technical Assistance and Support.

The contractor shall provide RMS Technical assistance and support in accordance with Section

C-PWS

Period of Performance: 01/01/2017 to 12/31/2017

00002 Base Period-Travel. Travel will be authorized by the COR in advanced and will be reimbursed IAW current Federal Travel Regulations (FTR)

Period of Performance: 01/01/2017 to 12/31/2017

00003 Base Period- Other Direct Costs (ODC)

Period of Performance: 01/01/2017 to 12/31/2017

00004 Base Period Bar Code Technology Scanner

Interface procurement and customized integration.

For full period of base and four option years.

00005 Option Period 1- Technical Assistance and

Support. The contractor shall provide RMS

Technical assistance and support in accordance with Section C-PWS

Period of Performance: 01/01/2018 to 12/31/2018

00006 Option Period 1-Travel. Travel will be authorized by the COR in advanced and will be reimbursed IAW current Federal Travel Regulations (FTR)

Period of Performance: 01/01/2018 to 12/31/2018

00007 Option Period 1- Other Direct Costs (ODC)

Period of Performance: 01/01/2018 to 12/31/2018

00008 Option Period 1 Bar Code Technology Scanner

Interface annual maintenance

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

NSN 7540-01-152-8067 4

Section C DESCRIPTION AND SPECIFICATIONS

C 1 Introduction and Background

1.1 Background

The Ready Reserve Force (RRF) program, comprised of approximately 46 vessels, is a subset of the Maritime Administration's National Defense Reserve Fleet (NDRF) which supports the rapid worldwide deployment of U.S. military forces. A key element of strategic sealift, the RRF is specifically structured to transport Department of Defense (DOD) unit equipment and initial re-supply for forces deploying anywhere in the world during the critical period before adequate numbers of commercially available ships can be marshaled. The ships are maintained and operated by commercial ship management companies under contract to the U.S. Maritime Administration (MARAD).

1.2 Ready Reserve Force Management System (RMS)

The RRF Management System (RMS) encompasses the management and operation of Commercial-Off-The-Shelf (COTS) software applications, hardware infrastructure, documentation and training, related business protocols, and process improvements. The RMS Program Office, located in MARAD’s Division of Logistics & RMS Support (MAR-614), provides overall program direction and operations guidance for RMS-related activities.

The primary RMS software application is a customized version of the American Bureau of Shipping’s Nautical Systems 5 (NS5) Enterprise software suite, a client-server MySQL-based database application. Third party applications are also used for RMS customized reports and remote accessing of shipboard servers and workstations.

NS5 is currently installed onboard 46 RRF vessels, two special program vessels, and eight school ships. It is operational at seven Ship Managers, two Logistics Support Contractor sites, MARAD Headquarters, and three MARAD Division Offices. There are approximately one thousand active NS5 users/accounts. MARAD has also deployed a tailored version of NS5 at the three NDRF sites (James River (Fort Eustis), VA; Beaumont, TX; and Suisun Bay, CA) to support NDRF functional requirements.

The scope of this contract also includes providing support to other DOT Agencies and MARAD Offices that use NS5.

1.3 Objective

The RMS Program Office requires, on an ad hoc basis, specialized assistance and professional consulting services with expert knowledge of the data structure, processing logic, and queries within NS5, and expertise in maritime business processes, practices, and protocols. Designated contractor personnel will be given access to the DOT network and to the MARAD NS5 databases (but not source code). Personnel so designated must apply and obtain the Department of Transportation Personal Identification Verification (PIV) card and shall be required to comply with the requirements in Section 3.2.

These services may be required to be performed in Washington, D.C., at contractor facilities, or at other NS5 sites.

Contractor employees who visit RRF vessels must have a Transportation Worker Identification Credential (TWIC). More TWIC information can be found on the URL: http://twicinformation.tsa.dhs.gov/twicinfo/index.jsp).

2 Scope of Work

The RMS Program Office requires specialized technical assistance in the following areas:

2.1 The contractor shall serve as a subject-matter-expert to support the RMS Program Manager and to provide technical assistance in process engineering and research analysis to the RMS Operations and Policy Group (ROP).

2.2 The contractor shall provide technical assistance in developing interfaces between NS5 and other MARAD programs/functions. These include but are not limited to custom reporting, fleet time management reporting, Heritage Assets, CENOTRACK Assets, environmental initiatives, quality assurance surveillance plans, business plans, and readiness reports. Note:

This requirement does not involve accessing or altering the proprietary NS5 source code.

2.3 The contractor shall provide technical assistance in the formation and updating of Preventative Maintenance Plans (PMP) as prescribed by applicable MARAD PMP guidance for RRF and school ships. Tasks include assisting ship managers and MARAD Surveyors in the methodology for development of a single plan for both (Reduced Operational Status (ROS) and Full Operational Status (FOS) phases within NS5 and verification of the hierarchy of associated shipboard databases. It may also include incorporating data from lube oil analysis, megger reading, and other measurement/matrix indicators.

2.4 The contractor shall provide support services to the NS5 Database Administrator with regard to formatting, importing, and quality assurance of data for maintenance plans, ship manager contract deliverables, consumables, and other special data categories into NS5.

2.5 The contractor shall provide technical assistance to revise, maintain, and conduct training for user documentation including but not limited to the following:

• MARAD Business Protocol http://twicinformation.tsa.dhs.gov/twicinfo/index.jsp

• NS5 Hierarchy Protocol

• MARAD NS5 Preventive Maintenance Protocol

• MARAD NS5 Shipboard Quick Reference Guide

• MARAD SM Reporting Tool Installation/Usage

• MARAD NS5 Drydock Guidance and Usage

• MARAD Removal of Equipment Guidance

• MARAD Emergent Repairs and PO Revision Guidance

• MARAD New Equipment Procurement

• MARAD Surveys and Certificates Guidance

• MARAD Rescheduling of Standard Jobs Guidance

• MARAD School Ship Surveyor Guidance

• Position papers and reports

2.6 The contractor shall provide:

a) Customizable reports, as requested by the RMS Program Office

b) Monthly Status Report for all open tasks by the 7th day following the month in which work is performed

2.7 The contractor shall provide support, guidance, and tools to the RRF Program Business Planning team and Resource Management Board with respect to the budgeting and execution analysis of required Ship Manager Business Plans. This is to include the continuing improvement and support of previously developed software tools generated specifically for this purpose. The Business Planning Tool and Execution Tool must leverage the existing NS5 RMS Customized Reporting (RCR) data warehouse. Tools should mine the data contained in this warehouse according to existing Business Protocols and previous practices. Guidance is to be provided to ensure that any modifications to the planning and execution protocols should not adversely impact the NS5 data, RCR reports, or any other protocols and tools.

2.8 Bar Code Technology. Within 90 days of contract award, the contractor shall procure and customize a commercial bar coding program to provide a two-way interface with NS5 and facilitate printing RMS Customized Reports at the vessel level. In addition to the standard functionality of inventory, audit and relocation of parts, the program will automate the generation of seal log updates to include seal type.

This will be a turnkey application with development cost absorbed by the contractor.

Installation on MARAD vessels will be as directed by the COR, and there is no minimum guarantee. The first year of the annual license maintenance fee will be prorated from the date of installation. Scanner hardware will be provided by MARAD. Vessel installation, crew training and development of MARAD specific user documentation and customized reports will be billed at standard labor rates.

3 General Personnel Provisions

3.1 Prior to assigning any personnel, the contractor will submit personnel resumes to the COR for approval. The contractor must demonstrate that personnel assigned to this contract have the necessary knowledge, skill set, experience, and education to perform the requirements of the tasks to which they may be assigned, especially with regard to the use and management of NS5 software.

3.2 All contractor personnel who may have access to sensitive information under this task order will complete the “Contractor Employee Non-Disclosure Agreement” available from the COR. The Contractor employee will follow the guideline of Privacy or Security Safeguards prescribed in FAR 52.239-1. In addition, designated contractor personnel with access to the DOT network and NS5 shall complete the following items prior to commencement of work:

1. DOT Information System Responsibilities and Rules of Behavior for Users, Account Administrators, and System Operators

2. All Contractor employees are required to take the annual DOT Security Awareness Training (SAT). The proof of contractor employees who successful complete the SAT must be delivered to the MARAD Information System Security Officer (ISSO) for acceptance.

3. DOT Annual Privacy Awareness training.

4. Personnel with NS5 Database Administrator user profiles will be required to sign a non-disclosure agreement due to the proprietary nature of ship managers’ data.

Originals will be forwarded to the MARAD COR and the contractor will be required to keep an executed copy on file for archive purposes.

3.3 Personnel Identity

a. It is the responsibility of the contractor to verify that all proposed staff for the contract meets federal employment eligibility, the validity of Social Security Number (SSN) and is suitable for employment and/or access to unclassified but sensitive (UBS) information.

b. MARAD will not initiate requests for appropriate investigations on behalf of the contractor’s employees. The cost incurred from the security clearance shall be borne by the contractor.

c. Per DOT Information Technology and Information Assurance Guidance Number 2009-

0002: e-Authentication and Access Control, contractor staff may require using DOT-issued Personal Identity Verification (PIV) card to access DOT network. The Government will issue the PIV cards to the contractor staff whose assigned duties require them

d. The contractor shall not begin performance of substantive work under this Contract until a sufficient number of its personnel have presented evidence that they have the required credential which has been approved by MARAD. The contractor further agrees to include this provision in any subcontract awarded pursuant to this Contract.

3.4 Contractor employees visiting Government Installations will wear a Government-issued identification badge. Visiting contractor employees will comply with all Government escort rules and requirements.

3.5 While onboard RRF ships, all ship manager log-in and safety procedures are to be strictly adhered to. Employees visiting RRF ships and sites must wear their TWIC card to gain access to the ship/facility.

4. Travel Requirements

a. Travel costs will be reimbursed (at actual cost) in accordance with Federal Travel Regulation (FTR) and FAR part 31.205-46 Travel Costs. Substantiating receipts must be submitted in accordance with FTR 301-11.25. The Contractor will submit travel requests to the COR for approval, via email, in advance of each travel event. Reimbursement will not be approved for unauthorized travel.

b. The contractor shall not charge local travel costs in the Washington, DC metropolitan area to the Government. The contractor shall submit long distance travel costs as Other Direct Costs (ODC).

SECTION D. PACKAGING AND MARKING

N/A

SECTION E. INSPECTION AND ACCEPTANCE

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

(End of clause)

E.2 Delegation of Inspection and Acceptance

The Contracting Officer’s Technical Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E.3 Place of Inspection and Acceptance

Inspection will be performed at the point of delivery set forth in Section F. Acceptance will be performed at the points of delivery set forth in Section F.

E.4 Final Acceptance

Final acceptance of all services provided under this contract shall be made only upon certification of the Final Invoice as defined in the invoicing provisions contained in Section G.

Such certification shall be made by the Contracting Officer or the designated representative.

Clause Title Date 52.246-4 Inspection of Services --- Fixed Price August 1996

SECTION F. DELIVERIES OR PERFORMANCE

F.1 Hours of Work

Except for Federal Holidays, services shall be performed between Mondays through Fridays during the core hours of each venue. Unless otherwise specified, use of overtime is not applicable under this contract.

F.2. Observance of Legal Holidays and Excused Absence

a. The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays:

New Year's Day, January 1 Martin Luther King's Birthday, Third Monday in January President's Birthday, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas, December 25 Inauguration Day, January 20 every four years (Washington, DC only)

b. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

F.3 Period of Performance

The Government intends to award a contract period of performance that will be a base year plus four option years. Base year and option years may be tasked up to 3,000 man-hours of direct support. Base year travel is estimated at $50,000 and shall be in accordance with the Federal Travel Regulations.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Type of Contract

The government intends to award a fixed price contract for the supplies and services described herein.

G.2 Designation of Procuring Contracting Officer

The Procuring Contracting Officer (PCO) of this contract is:

Department of Transportation Maritime Administration, MAR-380 ATTN: Wilbur W. Turner Sr.

1200 New Jersey Avenue SE. W26-435 Washington, DC 20590

Email address: wilbur.turner@dot.gov Phone number: 202-366-0700

G.3 Accounting and Appropriation Data

The appropriation data for this contract will be cited on modifications to the contract.

G.4 Address of Correspondence

All correspondence except as otherwise specified shall be directed to the Contracting Officer at the address given in paragraph G.2.

G.5 Contracting Officer’s Representative

a. The Contracting Officer’s Representative (COR) is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

b. The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

c. The COR for this contract will be :

Channing Jones

d. The COR may be changed by the Government at any time, but notification of the change, mailto:wilbur.turner@dot.gov including the name and address of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

G.6 Invoice Requirements

a. After the property and service have been actually delivered or rendered. The Contractor will submit a properly certified invoice. Invoices shall be submitted to the MARAD Oklahoma City payment-processing center: MARADInvoices@faa.gov and/or the Government office designated in this contract. Supplemental billings will be indicated as such and will indicate the original invoice number with numerical suffixes in ascending order, e.g., 120, 120-1, 120-2, etc.

b. Form and content of invoice:

(1) A separate invoice must be submitted for each contract.

(2) Property or services for which payment is to be made must be itemized in the invoice.

(3) Invoices will be submitted in the format containing the information specified in the invoice format set forth in this clause. To constitute a proper invoice, the invoice must include the following information and/ or attached documentation:

(a) Name the business concern on 81/2” x 11” letterhead.

(b) Contract number or other authorization for delivery of property or services.

(d) Shipping and payment terms.

(e) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. If different, name, title and phone number of person certifying the invoice.

(f) Other substantiating documentation or information as required by the contract

*For per diem, billed periods are generally from the beginning through the end of the month. It is not proper to submit an invoice prior to the completion of the performance period to which the invoice applies.

G.7 Designation of the Administrative Contracting Officer

The Administrative Contracting Officer (ACO), Funds Control Officer (FCO) and Contracting Officer’s Representative (COR) are identified below:

Administrative Funds Control Contracting Officer’s Contracting Officer Officer Representative

(ACO) (FCO) (COR)

Wilbur W. Turner Sr. Inga Maik Channing Jones Headquarters Washington, DC mailto:MARADInvoices@faa.gov

Address:

DOT/ Maritime Administration 1200 New Jersey Ave SE Washington, DC 20590

G.8 Non-Personal Services Contract

This contract is a “non-personal services contract” as defined in FAR Section 37.101. It is understood and agreed that the Contractor and its employees, consultants, and subcontractors:

1. Shall perform the services specified herein as independent contractors, not as employees of the Government;

2. Shall be responsible to bear their own management, supervision and administration of the work required, and bear sole responsibility for complying with all technical, schedules, or financial requirements or constraints attendant to the performance of this contract;

3. Shall be free from any direct or indirect supervision or control by any Government employee and;

4. Shall, comply with such general direction of authorized Government employees as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives.

The Contractor is the legally responsible employer and shall maintain that relationship during the time its employees are assigned to work on this contract. The Contractor is solely responsible for all employee hiring, firing, discipline, promotions, training, bonuses, pay, and benefits.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

Section I CONTRACT CLAUSES

I.1 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://acquisition.gov/far/current/html/FARTOCP52.html

(End of clause)

Clause Title Date 52.212-3 Offeror Representations and Certifications—Commercial Items JULY 2016 52.212-4 Contract Terms and Conditions—Commercial Items MAY 2015 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Data Universal Numbering System Number Maintenance DEC 2012 52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

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

OCT 2015

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 1252.223-73 Seat Belt Use Policies and Programs APR 2005

I.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (Sep 2016)

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

http://acquisition.gov/far/current/html/FARTOCP52.html

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

_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).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUB Zone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

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

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

X (ii) Alternate I (Nov 2011).

__X_ (iii) Alternate II (Nov 2011).

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

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

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

X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2015) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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 (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

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

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

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

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

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

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

8259b).

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

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

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X__ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O.

13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

Alternate II (Sep 2016). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20013 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20013

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.219–8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(E) 52.222–26, Equal Opportunity (Sep 2016) (E.O. 11246).

(F) 52.222–35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(G) 52.222–36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(H) 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.

(I) 52.222–41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(J) ____ (1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(K) 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).

(L) 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).

(M) 52.222–54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(O) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226–6.

(P) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(End of clause)

I.3 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 1 day of the expiration of the contract ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 12 months.

(End of clause)

I.4 52.232-18 Availability of Funds (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

I.5 52.237-3 Continuity of Services (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to—

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required.

The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer’s approval.

The Contractor shall provide sufficient experienced personnel…

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