HE125419Q0009.pdf

SEE ADDENDUM

(No Collect Calls)

HE125419Q0009 01-Feb-2019

b. TELEPHONE NUMBER

571-372-1449

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 20 Feb 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HE12549. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HOPE WOODS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HEVAS6983530

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DOD EDUCATION ACTIVITY

ATTN: PROCUREMENT DIVISION

4800 MARK CENTER DRIVE

SUITE 05F09-02

ALEXANDRIA VA 22350-1400

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HEALR2 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FORT RUCKER PRIMARY SCHOOL

ATTN: PRINCIPAL

ARTILLERY RD BLDG 22210

FORT RUCKER AL 36362-0279

TEL: (334) 255-2822 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

621340

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HE125419Q0009

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 420 Sessions Occupational Therapy Services

FFP

Occupational Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Base Year Period of Performance: March 15, 2019 - March 14, 2020 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

FOB: Destination

PURCHASE REQUEST NUMBER: HEVAS6983530

R499

NET AMT

0002 80 Sessions Physical Therapy Services

FFP

Physical Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Base Year Period of Performance: March 15, 2019 - March 14, 2020 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

FOB: Destination

0003 110 Sessions Indirect services

FFP

Indirect services at student's home located on Fort Rucker during Fort Rucker Primary and Fort Rucker Elementary school hours in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Base Year Period of Performance: March 15, 2019 - March 14, 2020 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

1001 420 Sessions OPTION Occupational Therapy Services

FFP

Occupational Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period One Period of Performance: March 15, 2020 - March 14, 2021 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

1002 80 Sessions OPTION Physical Therapy Services

FFP

Physical Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period One Period of Performance: March 15, 2020 - March 14, 2021 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

1003 110 Sessions OPTION Indirect services

FFP

Indirect services at student's home located on Fort Rucker during Fort Rucker Primary and Fort Rucker Elementary school hours in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period One Period of Performance: March 15, 2020 - March 14, 2021 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

2001 420 Sessions OPTION Occupational Therapy Services

FFP

Occupational Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Two of Performance: March 15, 2021 - March 14, 2022 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

2002 80 Sessions OPTION Physical Therapy Services

FFP

Physical Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Two of Performance: March 15, 2021 - March 14, 2022 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

2003 110 Sessions OPTION Indirect services

FFP

Indirect services at student's home located on Fort Rucker during Fort Rucker Primary and Fort Rucker Elementary school hours in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Two of Performance: March 15, 2021 - March 14, 2022 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

3001 420 Sessions OPTION Occupational Therapy Services

FFP

Occupational Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Three of Performance: March 15, 2022 - March 14, 2023 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

3002 80 Sessions OPTION Physical Therapy Services

FFP

Physical Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS). Note: A session is approximately 60 minutes in length.

Option Period Three of Performance: March 15, 2022 - March 14, 2023 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

3003 110 Sessions OPTION Indirect services

FFP

Indirect services at student's home located on Fort Rucker during Fort Rucker Primary and Fort Rucker Elementary school hours in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Three of Performance: March 15, 2022 - March 14, 2023 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

4001 420 Sessions OPTION Occupational Therapy Services

FFP

Occupational Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Four of Performance: March 15, 2023 - March 14, 2024 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

4002 80 Sessions OPTION Physical Therapy Services

FFP

Physical Therapy Services for students Fort Rucker Primary and Fort Rucker Elementary in accordance with the Performance Work Statement(PWS). Note: A session is approximately 60 minutes in length.

Option Period Four of Performance: March 15, 2023 - March 14, 2024 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

4003 110 Sessions OPTION Indirect services

FFP

Indirect services at student's home located on Fort Rucker during Fort Rucker Primary and Fort Rucker Elementary school hours in accordance with the Performance Work Statement(PWS).

Note: A session is approximately 60 minutes in length.

Option Period Four of Performance: March 15, 2023 - March 14, 2024 in accordance with Fort Rucker Primary and Fort Rucker Elementary school calendars.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-MAR-2019 TO

14-MAR-2020

N/A FORT RUCKER PRIMARY SCHOOL

ATTN: PRINCIPAL

ARTILLERY RD BLDG 22210

FORT RUCKER AL 36362-0279

(334) 255-2822

HEALR2

0002 POP 15-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-MAR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 15-MAR-2020 TO

14-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 15-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 15-MAR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-MAR-2021 TO

14-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 15-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 15-MAR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-MAR-2022 TO

14-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 15-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 15-MAR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-MAR-2023 TO

14-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 15-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 15-MAR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards AUG 2018 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.215-7008 Only One Offer OCT 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS - - COMMERCIAL ITEMS (DEC 2006)

1. General http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/ http://www.sam.gov/

1.1 Addendum to 52.212-1 Paragraph (c) Period for acceptance of offers. This paragraph is changed to read as follows: The vendor agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

1.2 Addendum to 52.212-1 Paragraph (e) Multiple offers. This paragraph is changed to read as follows: Multiple offers presenting alternative terms and conditions will NOT be accepted.

2.0 OFFEROR STRUCTURE AND CONTENT

Vendors shall submit quotes consisting of the following separate/distinct parts for evaluation proposes and include the content identified herein:

2.1 PART 1 – ADMINISTRATIVE, TECHNICAL CAPABIITY, PAST PERFORMANCE & PRICE.

2.1.1 Volume 1-Administrative

a. If an amendment(s) is made to the solicitation, the vendors shall acknowledge each amendment in block 15a-c of the SF30 acceding to the contract terms and conditions as written in the amendment by having an authorized official who can sign on behalf of the company sign the amendment(s). An Acrobat PDF file shall be created to capture the signatures for submission with the vendor’s quote. Failure to acknowledge an amendment may render the vendor’s overall quote ineligible for award and be rejected by the Government.

b. Attention is drawn to paragraphs (j) & (k) of 52.212-1, which requires all vendors to be registered in the System for Award Management (SAM). As such, a copy of completed paragraph (b) of FAR provision 52.212-3, Offeror Representation and Certification should be maintained in the SAM. If the Offeror is NOT registered in SAM at the time of quote submission, a copy of competed paragraphs (c) through (o) of FAR provision 52.212-3, Offeror Representations and Certification must be submitted.

c. Administrative Cover Letter. The cover letter shall include:

a. Tax identification number (TIN);

b. Dun & Bradstreet Number (DUNS);

c. Complete Business Mailing Address;

d. Cage Code/NAICS Code; and,

e. Contact Name, Phone, Fax and Email address.

f. Offeror quotes shall be valid for 120 days from the quote submission date.

2.1.2. Volume 2- Technical Capability

The vendor’s technical capability shall demonstrate an understanding of the requirement and ability to provide the services outlined in the Performance of Work Statement (PWS). Reading of these sections should leave an evaluator with a detailed prescriptive of the vendor’s technical capacity for meeting all aspects of the task in this solicitation without having to search throughout the entire quote to piece together the vendor’s response.

2.1.3 Volume 3- Past Performance Information

a. Vendors should provide information on Attachment 2, Reference Inquiry, up to three recent contracts within the last three years for services acceptable to those required in the PWS. “Relevant” is defined as work similar in complexity and magnitude to the work described in the PWS. “Recent” is defined as contracts that have been completed within the past three years or a currently being performed.

b. Past Performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract

Reporting system (eSRS), or other databases; and interviews with Program managers and Contracting Officers.

2.1.4 Volume 4- Price

a. Be in Microsoft Excel. All items must have a price or be marked “NSP” for “Not Separately Priced.”

Each item will state the description, quantity, unit, unit price, and estimated amount. A final total of the Base and Option Periods is required in the Excel Spreadsheet (HE125419Q0009 Attachment 1-Pricing Sheet).

b. Reference the Contract Line Item Numbers (CLINs) in the SF1449 Schedule of services as suggested CLIN structures. In lieu of this schedule, the contractor may submit fewer or more CLINs, whichever may be appropriate to their standard commercial practice.

c. Vendors shall submit their quoted price in accordance with the attached pricing sheet to include a detailed CLIN breakdown.

2.1.5 Quote Submission Requirement: Electronic submission by email.

2.1.5.1 RFQ Questions – Questions in regards to this RFQ shall be submitted in writing via email to Hope Woods at hope.woods@dodea.edu with the subject line, “Questions to Solicitation Number HE125419Q0009, (OT/PT Ft Rucker)” no later than 10:00 A.M. EST February 8, 2019. A consolidated list of all questions and answers will be provided via an amendment to the RFQ posted to www.FedBizOpps.gov. It is the sole responsibility of the vendor to monitor the FBO website for Government postings containing information applicable to this RFQ. Vendors are advised that questions or comments will not be honored if communicated outside of email or to any individual other than the point of contact identified above. Questions shall be grouped and identified by solicitation section, paragraph and page number, including attachments, and shall be attached to the email transmission as a Microsoft Word document.

2.1.5.2 Complete Quote Package (Volumes 1 - 4): The closing date for complete quote packages submissions is no later than 9:00 A.M. EST on February 20, 2019 via email to Hope Woods at hope.woods@dodea.edu.

Note: DoDEA has a maximum email limit of 10MB. Vendors shall confirm receipt of their electronic copy by return email from these the above email addresses.

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

1.0 Overview

The Government will make one purchase order award resulting from this RFQ to the responsible vendor whose quote conforming to this RFQ will be most advantageous to the Government, price and other factors considered in accordance with FAR part 12 and 13 procedures. The basis of award is best value Lowest Price Technically Acceptable (LPTA). The evaluation factors are Technical, Past Performance, and Price. Vendor’s quote will be evaluated in accordance with evaluation criteria outlined below.

2.0 Evaluation Factors

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The evaluation factors for this solicitation are Technical, Past Performance, and Price. If a quote is rated as unacceptable for any evaluation factor, that quote will not be considered and deemed ineligible for an award.

2.1 Factor 1 – Technical Capability:

Vendor’s technical capability quote will be evaluated to ensure the quote meet the minimum requirement of the PWS, specifically PWS section 5.2 and 5.3 in accordance with the rating table below.

Table 1- Technical Capability Rating Standard:

Rating Technical Capabilities Rating Standard Acceptable/Pass The vendor’s quote meets the minimum requirement of PWS Unacceptable/Fail The vendor’s quote does not meet the minimum requirements PWS

2.2 Factor 2 – Past Performance:

Vendors past performance will be evaluated for the likelihood the vendor can successfully perform the required effort of the PWS in accordance with the rating table below. In addition, vendors shall provide on Attachment 2, Reference Inquiry, three relevant past performance references within the last three years with its quote. The Government will consider the collective record of all recent and relevant pas performance in assessing a rating.

Table 2- Past Performance Rating Table:

Rating Description Acceptable Based on the Vendor’s recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires, the Government has a reasonable expectation that the Vendor will successfully perform the required effort.

Unacceptable Based on the Vendor’s recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

Unknown/Neutral No recent performance record involving essentially the same or similar scope and magnitude of effort and complexities this solicitation requires is available or is so sparse that no meaningful past performance rating can be reasonably assigned.

2.3 Factor 3 - Price- Vendor’s total quoted price will be evaluated for fair and reasonableness in accordance with

FAR 13.106-3.

a. Options. 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 30 days of contract expiration. 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). As part of price evaluation, the government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding one-half of the vendor's final option period price to the vendor's total price. Thus, the vendor's total evaluated price for the purpose of evaluation will include the base period, 1st option, 2nd option, 3rd option 4th Option, and 1/2 of the 4th option for purposes of the FAR 52.217-8 option to extend services. Vendors should not enter a price for that six-month period.

b. 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 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.)

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

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (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.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (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).

___ (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 (Oct 2018) (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.

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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 (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.

657f).

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

XX(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)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

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

____ (ii) Alternate I (July 2014) of 52.222-35.

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

____ (ii) Alternate I (July 2014) of 52.222-36.

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

____ (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 (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 78 and E.O. 13627).

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

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

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

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

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 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[supreg]-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 (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 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 (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (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 (Oct 2018) (31 U.S.C.

3332).

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

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

____ (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.

____ (iii) Alternate II (Feb 2006) 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.)

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

XX (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (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) (AUG 2018) (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).

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

XX (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).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-19, 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 (Oct 2018) (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).

(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,…