clauses.docx

Statement of Work Multi-band Picking of Seismic Waveform Data

INTRODUCTION

Locating earthquakes at local, regional and teleseismic distances is a fundamental procedure done by the USGS's National Earthquake Information Center (NEIC). The principal information used in the earthquake location problem is a set of unassociated and/or associated picks that define the onset time of a seismic phase. Producing rapid and accurate arrival time picks of earthquake phases at individual stations is algorithmically difficult problem requiring an understanding of seismology, digital signal processing, and robust statistics.

I. Objectives and Outcomes:

The USGS/NEIC basic mission is to respond quickly to damaging earthquake world-wide and to produce a high-quality catalog of earthquake source parameters (earthquake locations, magnitudes, moment tensor solutions, and impact assessments). The most basic data used in the NEIC processing system is arrival time information on different seismic phases, which enables NEIC to accurate locate earthquakes. Once an earthquake is located, other critical source parameters (magnitude, moment tensor solution, etc.) can be computed. Because of the wide range in the size of earthquakes monitoring and large variability in the noise at each station, seismic arrival time data has the largest spread in variability of all of the observed parameters computed by NEIC. In recent years, NEIC has assumed a more prominent role in local and regional seismic monitoring. The implication being that NEIC must develop the ability to detect and locate smaller events (<M2.5) than has traditionally been done by NEIC. Efficient picking of both teleseismic and local earthquakes requires that NEIC invest in new picking procedures that enable NEIC to automatically pick arrival times in a broader frequency band than has been traditionally been used at NEIC. The NEIC existing picker filters all data near 1 Hz from which arrival time picks are determined. Improved automatic picking requires that NEIC filter data in a larger frequency (typically 0.2-10.0 Hz) to ensure optimally picking both teleseismic and small local earthquakes. Optimal picks over a wide frequency band requires that NEIC invest in objective selection of pick parameters (e.g. STA/LTA threshold parameters, octave band selection) and recoding of existing multi-band picker to tune the picker. The FilterPicker is a java class for computing multiband picks of seismic signals. In its current form it has been tested by the NEIC and some changes in its configuration seem necessary for it to work best for the wide range of NEIC interests. It is desired to make the FilterPicker parameters to be tuned 1) to be sensitive to teleseisms and largely ignore locals, 2) to be sensitive to locals but not be sensitive to teleseisms, 3) to be a good broadband picker for both locals and teleseisms. For the FilterPicker code that exists this suggests changing the configuration of the picker to have more control by the expanding the configuration options.

Specific tasks that will be required to implement and test the new software are:

1) Add parameters and modify algorithm to set frequency bands explicitly and allow setting of common bands independent of data rate. This includes setting the minimum and maximum frequency band explicitly (for instance to only use only lower frequency bands to make a primarily teleseismic only picker).

2) If possible, modify algorithm to effectively allow different thresholds for each band, add parameters to set thresholds explicitly for each band or possible to create characteristic functions that span only certain bands (more than one characteristic function) or to scale the CFs separately in each band. The objective is to be able to create greater sensitivity in certain bands.

3) Return the lowest frequency band which triggered and the highest as well to provide information that might be useful in determining the frequency character of the trigger. This might also be done by indicating which frequency bands exceeded the thresholds for this trigger.

4) Add parameters and modify algorithm to set long Term Window explicitly for each band

These software developments require detailed or advanced knowledge in the following areas:

1. Java,

2. Familiarity with geophysical data processing especially frequency domain analysis of time series

3. Fundamental understanding of earthquake location methodology especially it it relates to picking seismic signals for phases and how this contributes to association and location of earthquakes.

4. Core competency in digital signal processing

5. Seismological expertise to validate and assess that picks of the onset are reasonable estimates.

II. Operating Guidelines:

The contractor works independently and not as an agent of the government (with minimal supervision) under program guidelines set by the leadership of the Advanced National Seismic System (ANSS). In addition, the contractor works collaboratively with the Technical Liaison (TL).

The contractor exercises considerable independent judgment and imitative in setting goals, planning, and taking actions necessary to successfully complete the work. Work direction is accomplished through interaction with scientists within and outside the USGS. Progress is reported to the TL. The government shall be granted unlimited rights in software or data produced hereunder as described in FAR clause 52.227-17, Rights in Data -Special Works, incorporated by reference herein.

III. Qualifications and Requirements:

This project work requires an experienced scientist with expertise in seismology, computer systems, computer networks, software engineering, multiple programming languages, and modern seismic networks.

The work requires well-developed communication skills both in preparing written documents as well as providing oral explanations of complex technical subjects with clarity and accuracy to coworkers, the pubic, and the media.

IV. Deliverables:

The contactor, working with the TL, shall develop the actual project schedule and performance baseline for the purchase order within one (1) week of the purchase order start date. This schedule shall be revisited by the contractor and the COR monthly and adjusted as appropriate.

The contractor shall provide a verbal report on progress once per week to the TL. Through these communications, the contractor's design and implementation work on active tasks will be reviewed with the TL in the context of the project design goals and ANSS standards. Priorities and coordination of the schedule with other elements of the project development will be discussed and milestones will be established for major events and deliverables.

A brief one-to two paragraph written monthly report discussing progress and planned next steps is required. These reports shall discuss tasks addressed during the previous month, progress made, problems encountered, and work remaining to be done. At the conclusion of each task, the contractor shall demonstrate that the software operates correctly and shall provide source code integrated with the USGS NEIC build environment, test results if appropriate, user and programmer documentation, and copies of relevant notes.

As this is a fixed-price level of effort purchase order, there will be no hard and fast due dates, but the contractor must show reasonable and steady progress in meeting milestones and providing quality acceptable deliverables according to a schedule.

V. Government Inspection and Quality Assurance:

The contractor shall meet and the government shall use the Quality Assurance Plan included with this purchase order. The TL will inspect all deliverables provided to the government under this Purchase Order determine if it meets the software specifications, that programmer-level documentation meets industry standards, and that all other deliverables are complete and accurate. The TL will issue a short memorandum either accepting or not accepting the materials delivered. If the materials are deemed unacceptable, the TL will provide a written memorandum detailing the shortcomings. The contractor will be given two weeks from the date of such a memorandum, to correct the shortcomings at no cost to the government.

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

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

http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html 52.212-4 -- Contract Terms and Conditions -- Commercial Items (MAY 2014) 52.204-13 – System for Award Management Maintenance (JUL 2013) 52.232-39 – Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.000S-5079 Technical Liaison - Technical Direction (OCT 1997)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below.

As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is Jeremy White.

GS0330 Section 508 Applicable Standards. (JUL 2001)

The resources acquired in this investment must meet all applicable standards established by the Access Board in 36 CFR Part 1194, including technical, functional performance, information, documentation, and support standards. The products, services, information and data that are provided to the Government or the public as a result of this acquisition shall afford individuals with disabilities access comparable to that afforded to individuals without disabilities.

Standards applicable to this acquisition include:

_X__ Software Applications and Operating Systems 1194.21 ___ Web-based Intranet and Internet Information and Applications 1194.22 ___ Telecommunications Products 1194.23 ___ Video or Multimedia Products 1194.24 ___ Self-Contained, Closed Products 1194.25 ___ Desktop and Portable Computers 1194.26 ___ Functional performance criteria 1194.31 ___ Information, Documentation, and Support 1194.41

The full text of the above referenced standards can be found at: http://www.section508.gov/final_text.html .

INFORMATION TECHNOLOGY SECURITY REQUIREMENTS SUMMARY

1. Background Investigation Contractor employees who will have access to Federal information technology (IT) systems are subject to background investigations by the Federal Office of Personnel Management. Procedures for investigations and obtaining identity credentials are described in clause GS 1414 (or GS 1419 if working on the Denver Federal Center). The level of investigation required will be the same as would be required for Federal employees holding positions involving similar duties.

Based on the risk and sensitivity of duties performed and system access authorities to be granted, the following type of background investigations will be required:

Duties – Developer Investigation Level- Moderate

2. Non-disclosure Agreement Prior to receiving access to USGS computers, contractor employees are required to sign nondisclosure or other system security agreements, depending on the systems to be used and level of access granted.

3. Training Contractor employees shall complete USGS-defined Federal Information Systems Security Awareness computer security training before being granted system access and must renew the training annually. Failure to complete training within the required timeframe may result in loss of system access for that user. Contractor employees with significant IT security responsibilities shall also complete specialized role-based training.

4. Personnel Changes This is not required for Development contractors

5. Contractor Location No portion of the services to be performed hereunder may be performed outside the United States without the express written permission of the Contracting Officer. If a contractor proposes to perform services outside the United States, the contractor must submit a Security Plan to address mitigation of security issues due specifically to location. The Security Plan Template is available upon request from the Contracting Officer. Such proposals will not be accepted unless the contractor can demonstrate that the Government systems or data would be no more vulnerable than if work were performed domestically.

6. Applicable Standards Contractors do follow the DOl System Development Life Cycle (SDLC), NIST SP 800-64, (http://csrc.nist.gov/publications/nistPubs/800-64/NIST-SP800-64-PdH and the DOl SDLC Security Integration Guide.

7. Asset Valuation The contractor has been made familiar with the ANSS Asset Valuation Guide (AVG) to understand risk levels and system criticality. The ANSS has been defined as a Major Application, and is defined by the Bureau as a separate enclave for the purposes of Certification and Accreditation (C&A).

8. Property Rights The contractor is aware that the DOl will own the intellectual property rights to any software developed on its behalf to the maximum extent practical. Generally, FAR 52.227-14, Rights in Data-General, and its alternates will be used in the contract.

9. Independent Verification and Validation (IV & V) The ANSS has instituted a Change and Configuration Management system to verify and validate software updates prior to being moved into production. The contractor follows the procedures developed by the ANSS CCM committee.

10. Certification & Accreditation The contractor contributes software to major systems of the ANSS. The ANSS will perform the C&A and provide documents to the COR in electronic form. The contractor is aware of and does follow guidance outlined in NIST SP 800-37, 800-18, 800-30, 800-60, 800-53A, (http://csrc.nist.gov/publications/nistpubs/index.html) Federal Information Processing Standard (FIPS) 199 and 200 (http://csrc.nist.Q0v/publications/fips/fipsi99/FIPS-PUB-199-final.pdn , the associated DOl guides/templates, the DOl Security Test & Evaluation (ST&E) Guide, and the DOl Privacy Impact Assessment (http://www. doi.aov/ocio/privacy/DOio/o20PIA 03.0 1. 04.docl (http://wwwrcolka.cr.usqs.gov/uo/comp/usqscna.htmn . While the solicitation did not originally include all of the references stated above, these documents are available on-site and the contractor has full access to hard-copies of said documents .

11. Internet Logon Banner This is not required of Development contractors.

12. Incident Reporting Contractor employees must report any computer security incidents (viruses, intrusion attempts, system compromises, offensive e-mail, etc.) which may affect Government data or systems in accordance with the DOl Computer Incident Response Guide. Report computer security incidents to USGS help desk or Security Point Of Contact (SPOC). In many cases, your local system administrator is your Security Point Of Contact. The help desk or SPOC will investigate and coordinate with the Computer Security Incident Response Team (CSIRT).

13. Quality Control (Malicious Code) All software and hardware shall be free of malicious code.

14. Self-Assessment For requisitions to provide this task, the contractor shall conduct the annual self-assessment in accordance with NIST SP 800-26 on systems identified by the Government for testing. NIST documents are available on the Internet at http://csrc.nist.gov/publications/nistpubs/,. Both hard copy and electronic copies of the assessment will be provided to the COR

15. Vulnerability Analysis ANSS performs monthly scans with a vulnerability analysis tool that is compatible with the software in use by the OCIO at the time. All "safe" or "non-destructive" checks are turned on.

At least annually, all high risk systems and systems accessible from the Internet are independently tested for penetration.

The government will reserve the right to conduct un-announced and prearranged independent vulnerability scans using Government personnel or another contractor.

The contractor will take appropriate and timely action to correct or mitigate any weaknesses discovered during such testing.

16. Logon Banner When presented with the USGS logon banner, contractor employees shall read and acknowledge a Government approved logon warning.

17. Security Controls Contractors are required to ensure compliance with the security control requirements of the current version of NIST SP 800-53 (even if it is in draft) or Federal Information Processing Standard (FIPS) 200 that are appropriate to the sensitivity and criticality of the data or system. FIPS 199 and the DOl Asset Valuation Guide will be used to determine sensitivity and criticality.

18. Contingency Plan This is not required of development contractors.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUL 2014)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

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

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (July 2010) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

___ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212).

_X_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (44) (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.

___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (46) 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).

___ (47) 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. 2303 Note).

___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (52) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

_X__ (53) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

(vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

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

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

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

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

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

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

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

(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.

Deobligation of Unexpended Funds MAY 2013 The contractor shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer.

After 120 days has passed since the expiration of the performance period, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

GS1362 Nonpersonal Services. (DEC 2001) This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO as is necessary to ensure accomplishment of the contract objectives.

GS1363 Nonpersonal Services – Independent Contractor. (DEC 2001) The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. Both parties agree to each of the following:

a. Contractor personnel under this contract shall not be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

b. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

c. Payments by the Government under this contract are reported to the IRS as payments to an independent contractor. The contractor is responsible for making payments of estimated taxes, Federal Insurance Contributions Act (FICA) and Medicare contributions, and other applicable federal, state and local taxes applicable to this income, directly to the relevant taxing authority.

d. The contractor is not entitled to workman’s compensation benefits by virtue of this contract.

e. The entire consideration and benefits to the Contractor for performance of this contract are contained in the provisions for payment under this contract.

f. It is the Contractor’s, as well as, the Government’s responsibility to monitor contract activities and notify the Contracting Officer if either party believes that the intent of this clause has been or may be violated.

Certification Regarding a Felony Conviction Under Any Federal Law or an Unpaid Federal Tax Liability. (FEB 2012)

(a) In accordance with sections 433 and 434 of Division E of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by the Act may be used to enter into a contract with any corporation that -

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) The Offeror certifies that –

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months;

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for co11ecting the tax 1iabi1ity.

Quotation Preparation Vendor’s quotation package shall consist of, but is not limited to: pages 1-2 of this solicitation (completed as necessary) and acknowledgement of any amendments (if applicable). Vendor shall provide their Dun & Bradstreet (DUNS) number. Failure to provide this may result in the rejection of the vendor’s quotation.

Question Cutoff Questions relating to this Solicitation shall be presented by e-mail to cmetherd@usgs.gov not later than close of business 5:00 p.m. MST on January 23, 2015. Questions should be worded so as to avoid disclosing bid strategies or proprietary solutions. The Government will evaluate the questions, and if needed, an Amendment will be issued with the questions received and their associated answers. If further questions arise following the outcome of answers provided to initial questions, the Contracting Officer has sole discretion to determine if a new question closing date will be required. If a new question closing date is approved, an amendment will be posted.

Quotation Submission The Government intends to award a firm-fixed-price type order resulting from this solicitation. Quotes are required to be received in the contracting office no later than 5:00 P.M. MST/MDT on January 30, 2015. The preferred (not required) method of quotation submission is through FedConnect. Quotes may also be emailed to cmetherd@usgs.gov.