DU100H-15-R-0001_rtf.doc

REQUEST FOR PROPOSALS (RFP) DU100H-15-R-0001

VALUATION AND DISPOSITION SERVICES

SINGLE FAMILY ASSET MANAGEMENT

PART II - SUPPLIES OR SERVICES

2.1 DESCRIPTION: The Department of Housing and Urban Development, Office of Single Family Asset Management requires the services of a contractor to provide Valuation and Disposition services as outlined in Part III - Statement of Objectives (SOO). Offerors shall provide a PWS derived from the Statement of Objectives (SOO) and other pertinent sections included in this solicitation. The PWS shall explain the offeror’s proposed processes for accomplishing the outcomes specified in the RFP. The PWS shall demonstrate an understanding of the required tasks and be more detailed than the SOO.

2.2 CONTRACT TYPE: This is anticipated to be a Hybrid type contract with Firm Fixed Price, Time and Material and Cost Reimbursement CLINS, under NAICS 531390 “Other Activities Related to Real Estate”.

2.3 PERIOD OF PERFORMNCE: The anticipated period of performance is January 1, 2016 through December 31, 2020 which includes a One Year Base Period and 4 - One Year Options.

2.4 SERVICES: The Contractor shall provide the supplies and services in accordance with the contract line items (CLIN) listed below. The successful vendor will propose a package that provides the best value solution in terms of meeting HUD’s requirements at a fair and reasonable price.

BASE PERIOD: 01-01-2016 thru 12-31-2016

Price Amount

Total

OPTION PERIOD 1: 01-01-2017 thru 12-31-2017

Price Amount

IAW FAR 31.205-46 (Cost Reimbursement)

COST (NTE) $50,000.00

Grand Total

OPTION PERIOD 2: 01-01-2018 thru 12-31-2018

Price Amount

IAW FAR 31.205-46

Total

OPTION PERIOD 3: 01-01-2019 thru 12-31-2019

Price Amount

IAW FAR 31.205-46 (Cos000.00

Total

OPTION PERIOD 4: 01-01-2020 thru 12-31-2020

Price Amount

IAW FAR 31.205-46

Total

Total Amount of contract if all option periods are exercised: $

PART III –STATEMENT OF OBJECTIVES (SOO)

Valuation and Disposition Services (VDS) for Single Family Assets

1.0 GENERAL INFORMATION

1.1 Purpose The purpose for the Valuation and Disposition Services for Single Family Assets is to ensure that the financial risk to the FHA Mutual Mortgage Insurance Fund (MMIF) is mitigated by targeting assets for the best possible disposition strategies and eliminating inefficiencies within the disposition procedures currently available.

1.2 Scope or Mission

The goal of Valuation services is for any party designated by HUD to receive a Fair Market Value (FMV) for a property securing a FHA loan at any point during the delinquency, loss mitigation, or Real Estate Owned (REO) process. Ideally, this Valuation service should be performed by the contractor’s analysis and stochastic modeling of national housing market sales and listing data at the property level in combination with data from the FHA where appropriate.

The goal of Disposition services is for FHA to receive expert analytical and transactional support for current and future property disposition strategies to increase the rate of return and reduce risk. Ideally, these Disposition services should be based on the contractor’s Valuation and additional analytical capabilities, and performed by the contractor’s in-house procedures in a way that is able to be integrated with HUD’s current disposition framework.

1.3 Background

Economic changes in the United States over the past decade have resulted in dramatic changes in the Department’s Federal Housing Administration (FHA) risk strategy.

As a result of the dislocation in the housing market during the recession, coupled with FHA’s central role in market stability and recovery, FHA has experienced increased delinquencies and claim payments. To mitigate the corresponding risk to the insurance fund, FHA requires a renewed evaluation of property disposition methods and procedures.

The Federal Housing Administration (FHA) seeks expert analytical and related transactional support services to assist the FHA in improving its property disposition capabilities. Through the use of contractor provided models and procedures, FHA seeks a solution that can incorporate national property listing data into HUD’s current performance framework of case-level transactions for the improved realized return from property disposition strategies and processes.

1.4 Period and Place of Performance;

The service solution shall be supported solely by the Contractor’s infrastructure, staff, procedures, and all other resources, including data from sources other than the FHA, as necessary to achieve all Program Objectives. The duration of the contract will be five years (1 year Base period with Four, one-year options). Deliverables to HUD in performance of objectives under this SOO may be immediate and in an electronic format which can accessed by HUD designated personnel. Typically, based on the industry standard of similarly provided services, this includes a user access portal established on the web that allows for direct requests without limitation and the exchange of information to HUD systems. However, the contractor may propose the required strategy for the access and delivery of the analytical services and deliverables to meet the objectives outlined herein as part of their proposal.

1.5 Performance Objectives

I. Program Management and Administrative Support a.

Coordination of a contract kickoff meeting.

b.

Preparation and Maintenance of Contract Documents c.

Design and implementation of a Management Plan and Contract Implementation Plan d.

Training and transitional activities e.

Preparation of a Monthly Status Report (MSR) f.

Coordination of Routine Status Meetings g.

Resolution of identified problems with solution.

II. Valuation and Disposition Services a.

Establish a Reserve Price and/or Fair Market List Price for FHA assets by providing an automated valuation model (AVM) with market comparables - per HUD request provide an immediate, high-confidence, distressed and non-distressed valuation of FHA property to establish a Fair Market List Price (FMLP) for the properties associated with loans in the FHA single-family default mortgage insurance portfolio and properties in the REO portfolio by (a) determining the probable sales price based on a database of residential real estate information and local property listing and transactional records’ data; (b) establishing a high and low valuation range which incorporates database information as it relates to distressed and non-distressed property sales’ records and local listings; (c) identifying relative comparables used in performance of the valuation; (d) providing a sufficient explanation regarding why such variables were used and to what confidence level the valuation was achieved; (e) performing audit and reporting services b.

Rank FHA property disposition options by return for each individual asset and determine the disposition strategy that will provide the best return for each asset - on a per loan basis accurately and appropriately inform FHA decision-makers of the correct disposition strategy that will provide the greatest recovery rate by (a) obtaining current property valuations when the property securing the loan reaches a delinquency period at or beyond 120 days, or as adjusted by FHA; (b) determining the expected recovery rate for each property disposition strategy; (c) evaluating and ranking expected costs of the FHA disposition strategies; (d) establishing a reserve price level for each FHA disposition strategy; (e) performing audit and reporting services c.

Manage a counteroffer process for FHA REO asset transactions - per REO transaction provide support to improve the recovery rates of current HUD Real Estate Owned (REO) strategies through the negotiation of sales prices based on individual property valuations by (a) providing the appropriate Fair Market List Price to HUD Designated Personnel based on an Automated Valuation Model with Comparables; (b) ensuring listing accuracy and timeliness; (c) Managing timing and amount of pricing deductions; (d) directing the offer management process by responding to each bid received from potential buyers recommending an acceptance, rejection, highest and best offer, or counteroffer and logging the response into a database approved by HUD; (e) incorporating assistance process and deliverable within the existing FHA M&M framework; (f) maintaining sufficient records of assistance provided; (g) exchanging correspondence with customers; (h) performing audit and reporting services.

d.

Perform a Cost-Benefit Analysis of loss mitigation strategies – capability to perform specialized task based analytical services to assist FHA in refining its servicing rules regarding what disposition assistance to offer in targeted delinquency situations.

e.

Analyze list prices in target markets - capability to perform specialized task based analytical services to assist in demonstrations of new disposition methods and approaches, including choice of target markets and establishment of reservation or list prices for asset disposition.

f.

Analyze alternative disposition methods - capability to perform specialized task based analytical services to assist in asset selection, pooling strategy, and support to include a Reserve Price model that helps establish minimum acceptable prices for pools of loans either for direct note sales or for providing loan servicers with bidding instructions for foreclosure auctions.

g.

Provide property disposition testing scenarios - capability to perform specialized task based analytical services to identify the impact of policy and economic changes on default rates, future foreclosure and REO disposition rates, streamlined loss mitigation efforts, and the performance of existing and potential recovery strategies.

1.6.

Operating Constraints Contractor access to national housing market sales and listing data at a property level is necessary to meet the objectives as outlined in this SOO. In addition, FHA must own and be in effective ownership and possession, such as through a custodian, of all versions of the processes, models, reports, data and related documentation used in the performance of this SOO. All models and procedures used in the performance of all SOO requirements must be made available in a format that allows for successful transition to another service provider or HUD entity to replicate all results and outcomes of SOO when required.

1.7 Non Personal Services

The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. It the Contractor feels any action constitutes, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy, decision making or management nature, i.e. inherently Government functions. All decisions relative to programs supported by the Contactor shall be the sole responsibility of the Government.

1.8 Period of Performance

The Period of Performance shall be for one Base Period of 12 months and four (4) 12-month Option Periods, if exercised. The Period of Performance reads as follows:

1.9 Place of Performance

The services to be performed under this contract shall be performed at the Contractor’s facility.

1.10 Hours of Operation

The Contractor’s application shall be accessible to support the tasks within this SOO between the hours of 7:00 AM EST and 9:00 PM EST, Monday through Friday, except Federal holidays.

1.11 Post Award/Kickoff Conference

The Contractor shall attend any post award conference convened by the contracting activity in accordance with FAR Subpart 42.5. The Government intends to convene a Post Award Conference with the Contractor within five (5) business days after contract award. The Contracting Officer will notify the Contractor of the specific date, location and agenda within three (3) days after contract award. This meeting will be held at no additional cost to the Government. The Contracting Officer, Government Technical Representative (GTR) and other Government personnel, as appropriate may meet periodically with the Contractor to review Contractor performance, requirement status, etc. At these meetings, the GTR will apprise the Contractor of how the Government views the Contractor’s performance or progress of the requirement. The Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues immediately. These meetings shall be at no additional cost to the Government. Post award conference and subsequent meetings may be held via teleconference.

1.12 Contractor Travel

The Contractor may be required to perform periodic travel within the Continental United States (CONUS) in the performance of this PWS. Travel shall be in accordance with contract requirements and shall not exceed $20,000.00 per performance period. Prior to travel, the Contractor shall coordinate with and receive Government approval from the GTR for all travel. All travel costs associated with the performance of the awarded contract will be reimbursed in accordance with the Federal Travel Regulation (FTR), if specifically authorized. The Contractor is responsible for obtaining all passenger transportation, lodging and subsistence. Cost incurred for transportation and per diem (lodging, meals and incidental expenses) shall be billed in accordance with the regulatory implementation of FAR 31.205-46, Travel Costs. Per Diem for lodging and meals will be at the GSA approved rates unless approved in advance by the Contracting Officer. HUD will not reimburse Contractor’s local travel. Local travel is defined as travel within 50 miles of Washington, DC.

1.13 Understanding the Requirement

Offerors shall provide a Performance Work Statement derived from the SOO and other pertinent sections included in this solicitation. The PWS shall explain the offeror’s proposed processes for accomplishing the outcomes specified in the RFP. The PWS shall demonstrate an understanding of the required tasks and be more detailed than the SOO.

2.0 DEFINITIONS, ACRONYMS, APPLICABLE DOCUMENTS/PUBLICATIONS

2.1

DEFINITIONS

Continental United States (CONUS) The 48 contiguous States and the District of Columbia.

Contractor A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO) A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: the only individual who can legally bind the Government.

Defective Service A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports Government Furnished Property (GFP) Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes Contractor-acquired property if the Contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Government Technical Monitor (GTM) An individual designated by the Contracting Officer to provide technical assistance to the GTR and monitoring performance under the contract.

Government Technical Representative (GTR) An employee of the U.S. Government appointed by the Contracting Officer to perform contract administration activities in regard to technical issues. This individual has authority to provide technical direction to the Contractor as long as direction is within the scope of the contract, does not constitute a change and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Inherently Governmental Functions Activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government.

Key Personnel Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel clause. When key personnel are used as an evaluation factor in best value procurement, offerors can be rejected if they do not have firm commitments from the persons that are listed in the proposal.

Non-personal Services Contract A contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Performance Requirements Summary (PRS) A listing of the performance requirements under the contract that are to be evaluated by the Government on a regular basis, performance indicators for these requirements, performance standards for these requirement and surveillance methods to be used to determine if performance standards are met (and optionally, any maximum payment for meeting the acceptable quality level (AQL) and any deduction from payment for not meeting the AQL).

Performance Standard the Contractor’s performance level required by the Government. This is also known as the acceptable quality level (AQL).

Performance Work Statement (PWS) A statement of work for performance based acquisitions that describe the required results in clear, specific and objective terms with measurable outcomes.

Physical Security Actions that prevent the loss or damage of Government property.

Quality Assurance (QA) Policies and procedures adopted by the Government to ensure that supplies and services acquired under Government contracts conform to the contract’s quality requirements.

Quality Assurance Surveillance Plan (QASP) A plan describing how the agency will survey, observe, test, sample, evaluate and document the Contractor’s performance in meeting critical performance standards identified in the contract.

Quality Control (QC) All necessary measures taken by the Contractor to assure that the quality of an end product of service shall meet contract requirements.

Service Contract A contract that directly engages the time and effort of a Contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. Single Family Disposition Process (SFDP) The activities, procedures, analysis, and information requirements as it relates to the process employed by HUD for property disposition.

Sub-Contractor Any person , other than the prime Contractor, who offers to furnish or furnishes any supplies, material, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier sub-contractor. The Government does not have privy of contract with a sub-contractor.

Work Week Monday through Friday, unless specified otherwise.

2.2

ACRONYMS

3.0 GOVERNMENT FURNISHED PROPERTY & SERVICES

The Contractor shall ensure accurate control and accountability of all Government Furnished Property in accordance with the terms and conditions of the contract. The Government will furnish at no cost to the Contractor, the GFP shown below.

3.1 Facilities

The Government will provide a conference room to conduct training. The scheduling of HUD conference rooms will be at the discretion and with the authorization of the GTR/GTM.

3.2 Equipment

The Government will provide a computer, overhead projector, and conference telephone for training purposes.

3.3 Materials

The Government will provide documentation pertaining to the tasks stated within this PWS. Documentation may be provided to the Contractor in hard copy or soft copy. All materials shall remain the property of the Government and shall be returned to the GTR upon request or at the end of the contract period.

3.4 Quality Assurance (QA)

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable quality level.

4.0

CONTRACTOR FURNISHED ITEMS AND SERVICES

The Contractor shall furnish, all facilities, equipment and supplies required to perform the work under this contract that are not listed under Government Furnished -Property and Services.

4.1 Facilities

The Contractor shall furnish all facilities necessary to complete the tasks stated within this SOO.

4.2 Equipment

The Contractor shall furnish any equipment necessary to complete the tasks stated within this SOO.

4.3 Material

The Contractor shall furnish any materials necessary to complete the tasks stated within this SOO.

4.4 Contract Data

U.S. Government records, copies of original results and reports, verified original data, corrected data and corrected supporting final reports which are maintained by the Contractor remain the property of the U.S. Government. These files/results must be surrendered to the GTR in accordance with HUDAR Clause 2452.227-70, Government Information.

4.5 Contractor Personnel

The Contractor shall provide a Contract Manager/Project Manager and a Technical Lead who shall be responsible for the performance of work. An alternate shall also be designated to act in the absence of the Contract Manager or Technical Lead. These Contractor personnel (main point of contact and alternate point of contact) are considered Key Personnel by the Government. The Contract Manager/Project Manager and alternate shall have full authority to act on all contract matters relating to daily operations of this contract. The Technical Lead or alternate shall have full authority to act on all technical matters relating to the daily operations of this contract. Accordingly, at a minimum, the points of contact shall have the technical knowledge of the requirement and be in the position to actually receive assignments, guidance and direction from the GTR, and CO. An employee of a subcontractor is not acceptable for either of these positions. The Contract Manager/Project Manager and Technical Lead or alternate(s) shall be available between the hours of 8:00am EST – 5:00pm EST, Monday through Friday EST, except Federal Holidays or when the Government facility is closed for administrative reasons.

4.6 Identification of Contractor Employees

All Contractor/sub-contractor personnel shall wear company picture identification badges as to distinguish themselves from Government employees. When conversing with Government personnel during business meeting, over the telephone or via electronic mail, Contractor/sub-Contractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Contractors/sub-contractors shall identify themselves on any attendance sheet or any coordination documents they may review. Electronic mail signature blocks shall identify their company affiliation where practicable. Contractor/sub-contractors occupying collocated space with their Government program customer shall identify their work space area with their name and company affiliation, or as a minimum, “Contractor” after name.

4.7 Quality Control

The Contractor shall establish and maintain a complete Quality Control Program that shall ensure services are performed in accordance with this contract. The Contractor shall develop and implement procedures to identify, prevent, and ensure non reoccurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirements of the contract. The Contractor shall provide the associated Quality Control Plan to the Government as directed.

4.8 Quality Control Plan

The Contractor shall develop, maintain, enforce and document a Quality Control Plan (QCP). The QCP shall ensure the Government receives the level of quality that is consistent with the requirements specified in this contract. The QCP shall be sufficiently detailed to provide the Contractor’s methodology for identifying and recruiting qualified personnel. The QCP shall also provide the Contractor’s methodology for resolving problems identified by the Government during reviews conducted in accordance with its Quality Assurance Surveillance Plan (QSAP). The QCP shall also provide the Contractor’s methodology for establishing an internal feedback system for support personnel, and for resolving problems identified by that feedback system.

The QCP shall demonstrate and validate that the services or deliverables to be provided under the contract are completed with a level of quality that meets the minimum performance threshold established in the Government’s QASP. The QCP shall address Quality Management Approach, Quality Assurance, Quality Control and Quality Standards.

PART IV– SPECIAL CONTRACT REQUIREMENTS

1 PUBLICIZING AWARDS

The Contractor, or anyone acting on behalf of the Contractor, shall not refer to this contract in any news release or commercial advertising without first obtaining written consent from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or services is endorsed or preferred by the federal Government or is considered by the Government to be superior to other products or services.

2 TRANSITION PERIOD

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. In order to ensure a smooth transition of services at the beginning and end of contract performance, the Contractor shall provide a Transition-In and a Transition-Out Plan. The Transition-In Plan shall be provided with the Contractor’s Proposal. The Transition-Out Plan shall be provided no later than 120 days after contract award.

The Contractor shall, upon the CO’s written notice, furnish Transition-In and/or Transition-Out services as required. The Contractor shall provide sufficient experienced personnel during the Transition period to ensure that the services called for by this SOO are maintained at the required level of proficiency. The Contractor shall participate in transition meetings with the Government as required.

Transition-In (if applicable): The Contractor shall, upon the CO’s written notice, furnish Transition-In services as required. As a successor, the Contractor shall have sufficient personnel on board, at no additional cost to the Government, during the ninety (90) day Transition-In period to ensure a smooth transition with the incumbent Contractor.

The Contractor shall provide an orderly transition of work acceptance and accomplishment such that any impact to a program is minimized. During the Transition-In period, the Contractor shall become familiar with the requirements in order to commence full performance of services by the end of the contract Transition-In period. Transition-In is not required if the successor Contractor is the incumbent Contractor.

Transition-Out (if applicable): To minimize any decrease in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, at no additional cost to the Government, during the ninety (90) day Transition-Out period. The incumbent Contractor shall ensure a smooth transition with the successor Contractor during the Transition-Out period, prior to completion of contractual performance. The incumbent Contractor shall aid the successor in the development of plans, procedures and methods for the assumption of all on going work. The Contractor shall provide an orderly transition of work acceptance and accomplishment, such that full control by the successor contractor is achieved by the end of the new contract Transition-In period.

3 FURNISHED INFORMATION

Offerors are reminded that Information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the Government determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable

4. NON-DISCLOSURE AGREEMENTS FOR CONTRACTOR EMPLOYEES

Contractor employees’ duties may require them to have access to protected information that may not be disclosed outside the Department, even to their coworkers and superiors within the contractor firm.

Protected information includes, but is not restricted to, Government procurement-sensitive information;

proprietary business information provided to the Government by other parties (e.g., other contractors);

and/or personal information protected by the Privacy Act (e.g., Social Security Numbers). Any contractor employee that will need to have, or is expected to have, access to any type of protected information shall submit a signed copy of the non-disclosure agreement, ( see Section V – Additional Information and Instructions to Offeror - Attachment 1 under Attachments/Documents/Exhibits) to the Contracting Officer before the contractor employee commences work under the contract.

PART IV – CONTRACT CLAUSES

FAR 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 address: http://farsite.hill.af.mil/. HUDAR clauses may be accessed electronically at http://hudatwork.hud.gov/po/arc/regs/hudar/toc.cfm

FAR 52.203-3

Gratuities (Apr 1984)

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

FAR 52.209-7

Information Regarding Responsibility Matters (Jul 2013)

FAR 52.212-4

Contract Terms and Conditions-Commercial Items (Dec 2014)

FAR 52.243-1

Changes – Fixed Price (Aug 1987)

FAR 52.244-6

Subcontracts for Commercial Items (Oct 2014)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (Dec 2014)

(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 (Dec 2014).

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 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:

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

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jul 2013) (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 (Aug 2013) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_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 2014) (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 2014) of 52.219-9.

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X__ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (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 (Jul 2014) (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) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (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.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (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.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (43) 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).

___ (44) 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).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__X_ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (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) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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).

_X_ (7) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222.55, Minimum Wages Under Executive order 13658 (Dec 2014) )Executive Order 13658).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

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

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

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

(xi) 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.)

(xii) 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)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658)

(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.

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 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 NO LATER THAN 10 days from period of performance..

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may…