EE133-F16-RQ-0211.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

PAGE 3 OF 23 EE-133F-16-RQ-0211

INSTRUCTIONS TO QUOTERS

EE133F16RQ0211

QUOTES:

Please attach a completed SF1449 and submit with your bid. All inquiries and questions shall be submitted in writing to susan.henderson@noaa.gov. Telephone inquiries will not be accepted.

This is a firm fixed price requirement and is 100% set aside for small business.

SYSTEM FOR AWARD MANAGEMENT: In accordance with FAR 52.204-7, Contractor registration in the “System for Award Management” (SAM) site is required and must be completed prior to award. Your SAM registration must be completed on-line at www.SAM.gov.

For additional information on registering with SAM, please go to the SAM Quick Start Guide at:

https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations.pdf

BASIS FOR AWARD:

In accordance with FAR 52.212-2 Award will be made on a best value basis with non-price factors being more important than price. See Attachment “A” for Template to enter and submit required information.

The Government will not, however, make an award at a significantly higher cost to gain slightly superior technical features. The evaluation factors in order of importance are:

1. Vessel characteristics and configuration, particulars and general arrangement to meet the needs as an observer training platform.

2. Master's and crew's fishing experience and qualifications including copies of licenses held and any emergency medical qualifications.

3. Vessel port availability. Port options should be within a reasonable driving distance, generally within 60 miles or less, from the Observer Training Facility.

4. Past Performance: Identify vessel, master's and crews past performance experience on similar fisheries surveys and use as previous observer training platforms. Quoters shall demonstrate relevant past performance or affirmatively state no relevant past performance.

5. Vessel's commercial fishing history and any other information important in evaluating the vessel's fishing capability and capacity to support observer training as described in the SOW.

6. Price.

Factors 1-5, when combined, are significantly more important than price.

The Government believes that the greatest benefit will be achieved by comparing the value of the differences evaluation factors with tradeoffs in price and price risks to the Government. Therefore, this is “best value” procurement.

DUE DATE: Quotes are due no later than March 1, 2016 at 12:00PM EST

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 23 EE-133F-16-RQ-0211

0001 BASE PERIOD - Trawl Vessel Training Trips in accordance with the Statement of Work.

Full Day Training (4 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (8 hours)________

Period of Performance: 03/15/2016 to 03/14/2017

1.00 LS

OPT

0002 BASE PERIOD/OPTIONAL QUANTITIES -

Full Day Training (2 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (4 hours)________

Period of Performance: 03/15/2017 to 03/14/2018

1.00 LS

OPT

0003 OPTION PERIOD 1 - Trawl Vessel Training Trips in accordance with the Statement of Work.

Full Day Training (4 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (8 hours)________

Period of Performance: 03/15/2017 to 03/14/2018

1.00 LS

OPT

0004 OPTION PERIOD 1/OPTIONAL QUANTITIES - Full Day

Training (2 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (4 hours)________

Period of Performance: 03/15/2017 to 03/14/2018

1.00 LS

OPT

0005 OPTION PERIOD 2 - Trawl Vessel Training Trips in accordance with the Statement of Work.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 5 OF 23 EE-133F-16-RQ-0211

Full Day Training (4 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (8 hours)________

Period of Performance: 03/15/2018 to 03/14/2019

OPT

0006 OPTION PERIOD 2/OPTIONAL QUANTITIES.

Full Day Training (2 each) _________

Half-Day Training (2 each)_________

Dockside Safety Training (4 hours)________

Period of Performance: 03/15/2018 to 03/14/2019

Table of Contents

PAGE 6 OF 23 EE-133F-16-RQ-0211

SECTION

. 1 Statement of Work

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (FEB 2016)

. 5 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

. 6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 7 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

. 8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

. 9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 10 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 11 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS - #REPRESENTATION (FEB 2015)

. 12 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

. 14 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

. 15 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

. 16 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

. 17 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

. 18 1352.233-70 AGENCY PROTESTS (APR 2010)

. 19 Attachment A

. 20 Attachment B

. 21 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (FEB 2015)

PAGE 7 OF 23 EE-133F-16-RQ-0211

SECTION

. 1 Statement of Work

STATEMENT OF WORK:

TRAWL VESSEL TRAINING PLATFORM

1. Background

The Northeast Fisheries Science Center (NEFSC), National Marine Fisheries Service (NMFS) is required to collect scientific, management, regulatory compliance and economic data for fisheries by placing at-sea monitors aboard U.S. domestic fishing vessels in certain fisheries.

These data cannot be obtained at the dock or on Government research vessels. These data are needed for the management and monitoring of Annual Catch Limits, in season quotas, and to assess patterns of by-catch. In the Northeast U.S., the Northeast Fisheries Observer Program (NEFOP) operates from Maine through North Carolina, and is overseen by the Fisheries Sampling Branch (FSB) at the NEFSC.

2. Scope

The Contractor shall provide services and equipment to support training trips aboard a commercial fishing vessel. The required training vessel gear type is for trawl vessel(s).

The Fisheries Sampling Branch plans to conduct a minimum of two (2) training trip opportunities during NEFOP Observer Certification program. Opportunities would occur during the time period of March 1, 2016 through February 28, 2017. Two additional contract options years extending the period of performance are requested (March 2017-February 2018 and March 2018 – February 2019). This is the best estimate, and is dependent on funding availability for observer coverage, commercial fishing effort trends, coverage requirements and mandates, and observer retention.

3. General Requirements

(a) The contractor shall provide services and equipment to facilitate observer training trips aboard a fishing vessel set up to fish with the specific gear type sought, that would represent current commercial fishing practices. Some trainings may require two vessels per day. Vessels must provide the fuel required to complete the trip and supply regulation compliant commercial fishing gear. Vessels must be able to tie up at a dock for the trainees to safely board and disembark. Vessels must sail and land from a port that is within a reasonable commute (60 miles) of East Falmouth, Massachusetts. Vessels must have taken an observer while actively commercial fishing within the previous twelve (12) months. A training roster, including observer trainees and staff members, will be provided to the vessel before sailing. The vessel operator must review the trip details with FSB staff prior to the trip departing. Vessel(s) will provide and use gear as outlined to capture realistic fishing practices during the training trip.

(b) The fishing vessel training trips shall take place during various training programs through the calendar year. Due to the unpredictable nature of weather that would affect a safe training session, back-up or “Rain Dates” must be agreed upon. Rain Dates for training trips will be identified as the training trip dates are selected. Should continuous inclement weather be present and no rain date can be scheduled, a dock-side scenario/safety/fishing vessel familiarity training using the vessel may be requested. A vessel representative must be present for this dock-side training. Embarking/debarking ports will be decided upon before vessel selection. The number of

PAGE 8 OF 23 EE-133F-16-RQ-0211

essel crew size will be determined prior to the training trip. The vessel must be manned with enough experienced crewmembers so that safe fishing operations can be conducted. The vendor will maintain a method of communication with FSB staff to be available for any scheduling changes. The vendor shall also communicate any mechanical, permitting, or crew problems upon selection that could interfere with safe and good training operations in a timely manner.

Vessel operator and/or owner must be willing to talk with the observer trainees about the safety hazards of fishing and importance of collecting high quality data. A continuous watch for marine mammals and sea turtles by vessel crew and NEFOP staff will occur while underway during the setting and hauling of gear. Action will be taken to avoid setting gear at times and places where concentrations of protected species are observed. Should an incidental take of a protected species occur during the training trip, NEFSC protocols of reporting will be followed.

(c) Training Courses:

1. Northeast Fisheries Observer Training The Northeast Fisheries Observer Training is three weeks in length and includes two days of training trips, one day each on a trawl vessel and a gillnet vessel. This certification course is expected to be offered two (2) times from March 2016 through Feb. 2017. The class size is generally between 8 and 20 students, and the group is split into groups of six (6) or less to make for a small group size to go on the training trips. The students are accompanied by experienced observer trainers who work for FSB. The ratio of student to trainer is 3 to 1. The students have hands on experience on how to apply their sampling and prioritization skills, as well as, reinforce vessel safety and shipboard etiquette. During the fishing trips, students collect the required suite of data on a pre-trip vessel safety checklist, collect gear characteristics, record haul or tow location information and weather variables. They will also estimate the amount of catch being brought onboard, using various catch estimation techniques, including actual weights, tally counts, basket sampling, and volume to volume.

They will reference their program guides to determine sampling priorities and practice their species identification and biological sampling of the catch. They also interview the captain on the trip costs, and offer the required program options, such as a Data Release Form and Fishermen’s Comment Card.

2. Dock-Side Safety Training Opportunities Advanced safety training courses are offered annually and require a fishing vessel platform in order to perform several safety drills while on board an actual fishing vessel. Some of these topics include, but are not limited to, firefighting (smoke/fog machine may be involved), dewatering scenario; man over board; injury at sea; boarding liferafts from vessel platforms:

etc. The class size is between 8 and 20 students, the group may be split into smaller groups to allow for a better training opportunity. The students are accompanied by experienced observer trainers and maritime safety contracted trainers who work for FSB. This certification course is expected to be offered two (2) times from March 2016 through Feb. 2017.

4. Gear Types: Trawl Vessel

The contractor shall provide services and equipment to facilitate training trips aboard a fishing vessel configured to fish with bottom trawl gear.

PAGE 9 OF 23 EE-133F-16-RQ-0211

4.1 Bottom Otter Trawl

The contractor shall provide services and equipment to facilitate observer training trips aboard a fishing vessel set up to fish with a bottom otter trawl net.

(a) Requirements:

1. Vessel will be available for a pre-trip safety check one week prior to training trip done by Fisheries Sampling Branch (FSB) staff and a pre-trip safety check on the day of training;

2. Vessel will embark on two separate trips on the training day carrying 3-6 trainees accompanied by 2-3 FSB staff members: the training day will consist of two separate trips, each lasting approximately 3-4 hours;

3. Vessel will make multiple tows with appropriate tow durations to capture realistic fishing practices during the training trip;

4. Vessel, captain, and crew will provide space for sampling catch, access to navigation equipment, storage of safety and sampling equipment;

5. F/V crew should be cooperative with training staff in assisting the objectives of the training trips;

6. A wrap up meeting at the completion of the day, once the vessel is secured to the dock, will be required (not expected to be more than 1 hour).

(b) There shall be a minimum of two (2) at-sea training sessions. Each remaining session shall generally require two (2) vessels, dependent upon class size..

(c) There shall be a minimum of two (2) dock-side training sessions per contract. Each remaining session shall generally require one (1) vessel for a four (4) hour commitment.

4.1.1 Option Items for additional quantities for full training days, half-day training days, and hourly dock-side training hours: Bottom Otter Trawl Requirement

Base Year: March 15, 2016- March 14, 2017 Options 2 additional full day training trips 2 additional half-day training trips 4 additional dockside safety training hours

Option Year One: March 15, 2017- March 14, 2018 Options 2 additional full day training trips 2 additional half-day training trips 4 additional dockside safety training hours

Option Year Two: March 15, 2018 – March 14, 2019 Options 2 additional full day training trips 2 additional half-day training trips 4 additional dockside safety training hour

(a) General Description of Additional Training Day, Full or Partial:

PAGE 10 OF 23 EE-133F-16-RQ-0211

The Government may require the Contractor to provide additional training days during the contract performance. The contractor shall provide services and equipment to facilitate observer training trips aboard a fishing vessel set up to fish with a bottom otter trawl net.

(b) Requirements:

1. Vessel(s) will be available for a pre-trip safety check one week prior to training trip done by Fisheries Sampling Branch (FSB) staff and a pre-trip safety check on the day of training;

2. Vessel(s) will embark on two separate trips on the training day carrying 3-6 trainees accompanied by 2-3 FSB staff members: the training day will consist of two separate trips, each lasting approximately 3-4 hours;

3. Vessel(s) will make multiple tows with appropriate tow durations to capture realistic fishing practices during the training trip;

4. Vessel(s), captain, and crew will provide space for sampling catch, access to navigation equipment, storage of safety and sampling equipment;

5. F/V crew should be cooperative with training staff in assisting the objectives of the training trips;

6. A wrap up meeting at the completion of the day, once the vessel is secured to the dock, will be required (not expected to be more than 1 hour).

7. Hourly dock-side training rates must be established. The vessel must be accessible, with vessel staff, for FSB training staff to conduct mock trips or safety drills for trainees.

(d) Unilateral Option:

At the Government’s unilateral option and direction, the Government may require the Contractor to provide additional training days as requested by the NEFSC.

(e) Process for Exercise of Option:

The Contracting Officer may exercise the option by written notice to the Contractor within 2 days of required performance and delivery. Written notice may take the form of fax, email, letter, or other electronic medium.

(f) Increase Quantity:

The contract schedule includes an item price for one full day, one-half day of additional training, or dock-side safety hourly training using a Bottom Otter Trawl. Delivery of the added days shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree.

5. Applicable Directives

5.1 Safety

The contractor shall ensure a USCG Fishing Vessel Safety Inspection has been passed within one year of the start of the training trip. The vessel shall meet all safety, firefighting and lifesaving equipment requirements as found in applicable sections of Title 46 of the Code of Federal Regulations, Part 28. The vessel shall be outfitted with personal floatation devices, survival suits, and survival craft of sufficient number and capacity to accommodate all on board and of the type required for a vessel of its size, class, and service in accordance with 46 CFR. Survival suits, personal floatation devices, PAGE 11 OF 23 EE-133F-16-RQ-0211 and survival craft for the ship's crew must be provided by the Contractor; FSB staff and observer trainees will provide their own survival suits, personal floatation devices, and additional survival craft if needed. The government reserves the right to inspect the vessel for safety, firefighting and lifesaving capabilities in accordance with a memorandum of understanding between NMFS and the USCG prior to award and commencement of the research cruise/training trip. A pre-trip orientation meeting aboard the vessel shall be conducted for FSB staff regarding the vessel's safety, firefighting and lifesaving capabilities assigned responsibilities and procedures. Vessels must be available for a pre-trip safety check one week prior to the training trip which will be completed by FSB staff. Vessels must meet all minimum safety requirements under the Magnuson Stevens Act Observer Health and Safety Regulations available at:

http://www.umfs.noaa.gov/sfa/magact/mag3.htrnl#s30 I .

5.2 Stability

The vessel shall be of a design and shall be operated and maintained in a condition that warrants it seaworthy and stable in accordance with the American Bureau of Shipping's Guide for Building and Classing Fishing Vessels and the 46 CFR, Part 28, Subchapter E as applicable, taking into consideration itinerant loads identified herein.

5.3 Regulatory Compliance

The vessel shall be outfitted, operated and maintained to meet all applicable federal, state and local environmental, health, safety and pollution control regulations. The Contractor shall have on board during the currency of this contract all certificates, records and other documents required by applicable laws and regulation. Vessel must not have any current operator or vessel permit sanctions.

5.4 NEFOP Description of Responsibilities at Sea:

(a) The NEFOP training program will periodically send members of staff and trainees to sea with partner vessels in order to conduct training operations. NEFOP staff has been trained in CPR, First Aid, AED and Marine Emergency Safety.

(b) NEFOP staff will recognize the vessel captain as the ultimate authority while at sea. In the case of emergency, staff must follow the captain's orders which may include tasks outside of the 'normal' responsibilities in which case the vessel and crew will adhere to Emergency Instructions as set out in 46 CFR 28.265.

. 2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(Reference 52.212-1)

. 3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PAGE 12 OF 23 EE-133F-16-RQ-0211

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):

www.acquistion.gov

(End of Clause)

. 4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (FEB 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is 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 and 108-78 (19 U.S.C. 3805 note)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 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).

(3) 52.203-15, Whistleblower Protections Under the American Recovery L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (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).

(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).

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

(10) [Reserved]

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone 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).

(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.

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] (14) XX (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

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

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

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

(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)).

PAGE 13 OF 23 EE-133F-16-RQ-0211

(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).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (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)).

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

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

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O.

13126).

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

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

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

(33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 7 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 Contentfor EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Notapplicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

(38) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(39) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

(42) (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.

(43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(44) 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).

(45) 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).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(51) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

PAGE 14 OF 23 EE-133F-16-RQ-0211

XX (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54) (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:

(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 --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).

XX (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 (Aug 2007) (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 ofthe simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(e)

(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 allreasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3years 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 madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals underthe disputes clause or to litigation or the settlement ofclaims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As use d in this clause, records include books, documents,accounting procedures and practices, and other data, regardless of type and regardless of form. This does notrequire 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.

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

(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--

(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 (l) 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 (Oct 2015) (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.

PAGE 15 OF 23 EE-133F-16-RQ-0211

(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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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) (E.O. 13658).

(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 contractualobligations.

. 5 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management (SAM) database" means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''''.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror` name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror the a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

PAGE 16 OF 23 EE-133F-16-RQ-0211

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(1) An offeror may obtain a DUNS number--

. 6 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 7 days of the last day of the period of performance provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 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 4 years 6 months.

. 7 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

If the EULA, TOS, or similar legal instrument or agreement is invoked through an `I agree` click box or other comparable mechanism (e.g., `click-wrap` or `browse-wrap` agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause)

. 8 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

PAGE 17 OF 23 EE-133F-16-RQ-0211

. 9 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 7 days of the end of the period of performance.

. 10 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1) Past Performance 2) Price.

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

. 11 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS - #REPRESENTATION (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

PAGE 18 OF 23 EE-133F-16-RQ-0211

(End of provision)

. 12 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

. 13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

(Reference 52.204-13)

. 14 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

(Reference 1352.201-70)

. 15 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

. 16 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

. 17 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

. 18 1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Susan Henderson, 166 Water Street, Woods Hole, MA 02543

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of Commerce, Office of the General Council, Chief Contract Law Division Room 5893, Herbert C. Hoover Building, 14th Street & Constitution Avenue NW, Washington D.C. 20230

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C.