9531BP18Q0010_-_Legal_Tracking_Services.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 26 9531BP18Q0010

9531BP18Q0010

Legal Tracking Services

Version Dated: August 2018

Federal Election Commission

Office of Congressional Affairs

Statement of Work – Legal Tracking Services

PAGE 4 OF 26 9531BP18Q0010

Section 1 – Standard Form 1449

Section 2 – Schedules and Pricing

2.1 PRICING FOR CONTRACT LINE ITEMS

CLIN Description Quantity Unit of Issue Unit Price Total Price 0001 Base Year:

One (1) User License – On-line Subscription Based Internet Service on Legislative & Regulatory Actions

12 MO

1001 Option Year I (if exercised): One (1) User License – On-line Subscription Based Internet Service on Legislative & Regulatory Actions

12 MO

2001 Option Year II (if exercised): One (1) User License – On-line Subscription Based Internet Service on Legislative & Regulatory Actions

12 MO

3001 Option Year III (if exercised): One (1) User License – On-line Subscription Based Internet Service on Legislative & Regulatory Actions

12 MO

4001 Option Year IV (if exercised): One (1) User License – On-line Subscription Based Internet Service on Legislative & Regulatory Actions

12 MO

2.2 PERIOD OF PERFORMANCE

Base Year: September 13, 2018 – September 12, 2019 Option Year I: September 13, 2019 – September 12, 2020 Option Year II: September 13, 2020 – September 12, 2021 Option Year III: September 13, 2021 – September 12, 2022 Option Year IV: September 13, 2022 – September 12, 2023

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Section 3 – Statement of Work

3.1 BACKGROUND

The Federal Election Commission (FEC) is an independent regulatory agency responsible for administering, enforcing, defending and interpreting the Federal Election Campaign Act of 1971 and administering the Federal public funding programs for Presidential campaigns. The FEC Office of Congressional Affairs (OCA) serves as the primary liaison with Congress and Executive Branch agencies. One of its main responsibilities is to monitor ongoing legislative and appropriations activities on Capitol Hill that affect the FEC and its mission. Therefore, it is essential that the OCA has immediate access to Federal legislation that relates to the FEC mission and annual appropriation. In order to accomplish this task, the OCA must utilize an electronic legislative tracking and notification software package.

3.2 PURPOSE

The staff of the OCA must utilize an electronic legislation and notification software package in order to help keep the FEC Commissioners and staff apprised of ongoing Federal legislative and appropriations activities that affect the agency and its mission.

3.3 DESCRIPTION/SCOPE OF WORK

The legislative tracking and notification software package must have the ability to search and track information in the following areas. A collection of these documents from previous Congresses is desirable and not limited to a specific timeframe:

Federal Legislation

• Congressional bills and resolutions;

• Budget and appropriations bills; and

• Legislative resources including: Congressional Budget Office (CBO) Cost Estimates, Congressional Research Service (CRS) Reports, House and Senate Committee Reports and Legislative Analysis

Congressional Committees

• Hearing transcripts and testimony;

• Coverage of Committee markups, including amendments and vote outcomes; and

• Committee Membership and staff information.

Congressional Analysis

• Breaking News, Legislative Analysis, Updates on Congress, Policy Research; and

• House and Senate floor updates

Statutes and Regulations

• U.S. Code;

• Code of Federal Regulations; and

• Would like to have the ability to track specific sections of the U.S. Code so any bill that affects those sections will be identified

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3.4 DELIVERABLES

The Contractor will supply a legislative tracking software package to the OCA that meets the Scope of Work. The software package will be available to the staff of the OCA immediately following the execution of the contract.

3.5 PERFORMANCE STANDARDS/QUALITY MEASUREMENT

Any system maintenance or updates performed by the Contractor that would limit access by staff of the OCA must be discussed with staff of the OCA in advance. Otherwise, the legislative tracking software must be available to the staff of the OCA 24 hours per day.

3.6 CONTRACTOR TASKS/RESPONSIBILITIES/CAPABILITIES

The Contractor must provide an introductory training session to staff of the OCA that explains the various features of legislative tracking software package. The Contractor must also provide ongoing technical support and troubleshooting. The software package must be available 24 hours a day.

3.7 LOCATION OF WORK AND TRAVEL

The introductory training session for staff that explains the various features of legislative tracking software package may be conducted via teleconference or at the OCA office. The staff of the OCA must be able to access the legislative tracking software interface both at the FEC offices as well as remotely via the Contractor’s web portal.

Section 4 – Contract Administrative Matters

4.1 GENERAL INFORMATION

Quotations that fail to address and to meet all of the requirements will be considered non-responsive to this solicitation and will not be considered for selection. If the Offeror fails to respond to any portion of the RFQ, the FEC may interpret this as the Offeror’s inability to meet specific requirements. Quotations must be prepared in accordance with and comply with the requirements contained in Section 3.

4.2 SUBMISSION OF QUOTES

In order for proposals to receive full consideration for award, Offeror shall provide its submissions in accordance the instructions found herein and within the solicitation provision 52.212-1, Instructions to Offerors-Commercial Items.

4.3 BASIS OF AWARD

Award of the resulting contract will be made based on a Lowest Price Technically Acceptable basis. The review of the technical quotation will ensure the Offeror is proposing to the full needs and requirements of the Government as defined in the RFQ Section 3.

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4.4 RFQ QUESTIONS

From the RFQ issue date and thereafter communications between Offeror and the FEC shall be in writing by e-mail to the Contracting Officer. All questions regarding this RFQ shall reference the RFQ page number and section number in question. Questions should be concisely stated and be numbered in sequential order. All questions shall be received by the Contracting Officer, Jameka D. Anderson at janderson@fec.gov no later than 9:00 am EST on August 22, 2018. Response will be provided via an amendment to the RFQ.

4.5 OFFERORS ELECTRONIC SUBMISSION AND DEADLINE

The Offer shall electronically submit to Jameka D. Anderson at janderson@fec.gov no later than 12:00PM ET on August 29 2018.

The Offeror’s submission should include two separate volumes: 1) Technical and 2) Price in accordance with Section 2, Supplies / Services and Prices/Costs. Technical proposal must be submitted in Microsoft Word or searchable PDF format. Cost/Price proposal must be submitted in Microsoft Word or Excel format. The firewall utilized by the FEC contracting office does not authorize or accept zip files. All submissions shall not exceed 30 pages.

4.6 TECHNICAL PROPOSAL

The technical proposal will be combined of technical approach and past performance. The technical proposal shall demonstrate the Offeror’s comprehension and understanding of the services required, and provide sufficient detail to enable the Government to thoroughly evaluate the Offeror’s ability to satisfy the requirements specified in the Statement of Work (SOW). The Offeror’s proposal shall be reasonable, responsive, and address all aspects of the technical requirements. Simple statements of compliance (i.e. “understood”, “will comply”) without a detailed description of how compliance will be achieved will not be considered sufficient evidence that the proposed services can technically meet the requirements. Accordingly, the Government may consider the proposal to be unacceptable if material information requested is not furnished or if indirect or incomplete answers or information is provided. The technical proposal is limited to 30 pages excluding Key Personnel Information.

It is the Government‘s intention to award the contract without discussions. The Offeror is encouraged to present its best technical proposal and prices in its initial proposal submission. However, in accordance with FAR Part 15.306, the Government reserves the right to hold discussions if it becomes necessary.

4.6.1 Technical Approach

The Offeror shall submit a written technical approach which effectively demonstrates the Offeror’s clear understanding of all the tasks and how the approach is likely to yield the required results. The response shall demonstrate the Offeror understanding of the tasks to be performed, as well as the technical approach and methodology and flexibility that will be utilized in accomplishing any resultant award.

4.6.2 Past Performance

The Offeror shall submit three (3) references of relevant contracts/orders within the past 3 years.

The contracts/orders may be past or current as long as the performance did not end more than 3 years prior to the due date for the submission of the proposal, and the contracts/orders may have been with Government agencies and commercial customers.

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4.7 PRICE SUBMISSION

The price submission shall be a separate volume from the written portion of your technical requirement. The Offeror shall propose a pricing structure in accordance with Section 2 of this RFQ. The cost/price proposal shall include a completed pricing sheet. The pricing sheet shall include any other direct and indirect costs including materials, equipment and any other costs associated with the performance of the resulting contract. The Offeror shall ensure mathematical computations are correct.

Price will be evaluated based on the total contract value. Prices will be evaluated and a fair and reasonable determination made, using price analysis techniques in accordance with FAR 15.404.

Section 5 – Evaluation Factors for Award

5.1 EVALUATION OF OFFERS

Offeror shall provide their best, complete quote upon initial submission. The Agency reserves the right to hold discussions if deemed necessary by the Contracting Officer.

5.2 EVALUATION CRITERIA

The Offeror’s proposal for each task will be evaluated using the following criteria. An evaluation for technical acceptability will be made to ensure satisfactory responsiveness to the requirements as set forth in this solicitation.

Technical Approach: The degree to which the Offeror’s technical approach reflects a clear understanding of the services to be rendered as described in the scope of work and the Offeror’s potential for achieving acceptable performance levels using the techniques and resources described in its technical approach.

Technical Proposal will be evaluated and rated using adjectival ratings. Below is the definition for each adjectival rating for technical approach:

Technical Rating Adjectival Rating Definitions Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a through approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses that are

PAGE 9 OF 26 9531BP18Q0010

not offset by strengths. Risk of unsuccessful contract performance is high.

Unacceptable Proposal does not meet the requirements and contains one or more deficiencies. Proposal is unawardable.

Past Performance: The Offeror shall submit three (3) references of relevant contracts/orders within the past 3 years. The past performance will be determined by a completed Past Performance Questionnaire. All questionnaires should be completed and submitted by the agency in which the offer is referencing.

The contracts/orders may be past or current as long as the performance did not end more than 3 years prior to the due date for the submission of the proposal, and the contracts/orders may have been with Government agencies and commercial customers.

Past performance proposals will be evaluated and receive an adjectival rating confidence rating of either high, moderate, low, no confidence or neutral. Below are the definitions of each evaluation rating for past performance:

Past Performance Rating Adjective Description High Level Of Confidence The Offeror’s recent and relevant past performance is very relevant to this acquisition;

demonstrating very effective performance that would be fully responsive to contract requirements with contract requirements accomplished in a timely, efficient, and economical manner for the most part with only minor problems with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a high level of confidence that the Offeror will successfully perform the required effort.

Moderate Level of Confidence The Offeror’s recent and relevant past performance is relevant to this acquisition, and it demonstrates effective performance; fully responsive to contract requirements; reportable problems, but with little identifiable effect on overall performance. Based on the Offeror’s performance record, there is a moderate level of confidence that the Offeror will successfully perform the required effort.

Low Level of Confidence The Offeror’s recent and relevant past performance is at least somewhat relevant to this acquisition, and it meets or slightly exceeds minimum acceptable standards; adequate results;

reportable problems with identifiable, but not substantial, effects on overall performance.

Based on the Offeror’s performance record, there

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is a low level of confidence that the Offeror will successfully perform the required effort. Changes to the Offeror’s existing processes may be necessary in order to achieve contract requirements.

No Confidence The Offeror’s recent and relevant past performance is not relevant to this acquisition, and does not meet the minimum acceptable standards; adequate results; reportable problems with identifiable substantial effects on overall performance. Based on the Offeror’s performance record, there is no confidence that the Offeror will successfully perform the required effort

Neutral In the case of an Offeror without a record of recent and relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance [see FAR 15.305(a) (2) (ii), and (iv).]

In performing the past performance evaluation, evaluators will apply the following relevance levels to assess the relevance of the prior contract efforts:

Past Performance Relevancy Ratings Rating Definitions Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of scope and magnitude of effort and complexities this solicitation requires.

5.3 PRICE EVALUATION APPROACH

Price will be evaluated and a fair and reasonable determination made, using price analysis techniques in accordance with FAR 15.404.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 11 OF 26 9531BP18Q0010

The Federal Election Commission (FEC) is seeking a contractor who can provide FEC employees with access to an electronic legislation and notification software package in order to keep the FEC Commissioners and staff apprised of ongoing Federal legislative and appropriations activities that affect the agency.

The period of performance for this acquisition is estimated at a total of five years (including one base and 4 option periods). The base year period of performance is 09/13/2018 - 09/12/2019.

The basis of award for this solicitation will be Lowest Price Technically Acceptable.

All questions regarding this solicitation shall be submitted via email to Jameka Anderson at janderson@fec.gov no later than 09:00AM EST on August 22, 2018.

All submissions of quotes are due via email to Jameka Anderson at janderson@fec.gov no later than 12:00PM EST on August 29, 2018.

**NO PHONE CALLS REGARDING THIS

SOLICITATION WILL BE ACCEPTED.**

Base Year

0001 One (1) User License On-line Subscription Based Internet Service on Legislative & Regulatory Actions

DELIVERY DATE: 09/13/2018

SHIP TO:

FEDERAL ELECTION COMMISSION

ATTN: D. PUGH

1050 FIRST STREET, NE

WASHINGTON DC 20002

FOB : Destination Period of Performance: 09/13/2018 to 09/12/2019

12.00 MO

Option Year I (if exercised)

OPT

1001 One (1) User License

On-line Subscription Based Internet Service on Legislative & Regulatory Actions

DELIVERY DATE: 09/13/2018

SHIP TO:

FEDERAL ELECTION COMMISSION

ATTN: D. PUGH

1050 FIRST STREET, NE

WASHINGTON DC 20002

FOB : Destination Period of Performance: 09/13/2019 to 09/12/2020

Option Year II

2001 One (1) User License

On-line Subscription Based Internet Service on Legislative & Regulatory Actions

DELIVERY DATE: 09/13/2018

SHIP TO:

FEDERAL ELECTION COMMISSION

ATTN: D. PUGH

1050 FIRST STREET, NE

WASHINGTON DC 20002

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 12 OF 26 9531BP18Q0010

FOB : Destination Period of Performance: 09/13/2020 to 09/12/2021

Option Year III

3001 One (1) User License

On-line Subscription Based Internet Service on Legislative & Regulatory Actions

DELIVERY DATE: 09/13/2018

SHIP TO:

FEDERAL ELECTION COMMISSION

ATTN: D. PUGH

1050 FIRST STREET, NE

WASHINGTON DC 20002

FOB : Destination Period of Performance: 09/13/2021 to 09/12/2022

Option Year IV

4001 One (1) User License

On-line Subscription Based Internet Service on Legislative & Regulatory Actions

DELIVERY DATE: 09/13/2018

SHIP TO:

FEDERAL ELECTION COMMISSION

ATTN: D. PUGH

1050 FIRST STREET, NE

WASHINGTON DC 20002

FOB : Destination Period of Performance: 09/13/2022 to 09/12/2023

Table of Contents

PAGE 13 OF 26 9531BP18Q0010

Contract Clauses

PAGE 14 OF 26 9531BP18Q0010

CLAUSES

Contract Clauses

Contract Clauses and Terms and Conditions Clauses 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders

- Commercial Items. (JUL 2018) 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

PAGE 15 OF 26 9531BP18Q0010

Contract Clauses and Terms and Conditions

Clauses

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

(a) Definition. As used in this clause-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.

For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration.

Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (JAN 2017)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice

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of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUL 2018)

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

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

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

XX (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).

PAGE 17 OF 26 9531BP18Q0010

__ (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 and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. 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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

XX (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].

__ (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 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-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.

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

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

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

XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

XX (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).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

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

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

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

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

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

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

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

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

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

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

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

8259b).

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

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

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

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

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__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

chapter 67).

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

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

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

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

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in

PAGE 22 OF 26 9531BP18Q0010

excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

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

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

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(v) 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.

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

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(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

(xiii)

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

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

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

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

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

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

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

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

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

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

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

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

(d) of FAR clause 52.247-64.

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

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

(c) of this clause.”

Alternate II (Jul 2018). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

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

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

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

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

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

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

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

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

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

(D) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

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

(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

(I) 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.

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

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

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

(L) 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).

(M) 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).

(N) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

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

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

(Q)(1)52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

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

(S) 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.

(T) 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.

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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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.acquisition.gov

Janderson@fec.gov

ATTN: PROCUREMENT AND CONTRACTING

1050 FIRST STREET, NE

WASHINGTON DC 20002