HE1254-19-R-2010_Guam.pdf

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DoDEA-PAC South Daily Commute and Special Needs Student Transportation Service - Guam
Solicitation number
HE1254-19-R-2010
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Guam RFP

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Attachment_6_Letter_of_Commitment.pdf PDF
Attachment_7_FAR_42.15_CPARS.pdf PDF
Attachment_3_Bus_Route_Sheet.pdf PDF
Attachment_4_QASP.pdf PDF
Attachment_1_Guam_PWS.pdf PDF
Attachment_5_Past_Performance_Questionnaire_Guam.pdf PDF
Attachment_2_Pricing_Sheet.xlsx XLSX spreadsheet
Attachment_6_Letter_of_Commitment.docx DOCX document
Attachment_7_FAR_42.15_CPARS.docx DOCX document
Attachment_1_Guam_PWS.docx DOCX document
HE1254-19-R-2010_Guam.pdf PDF
Attachment_5_Past_Performance_Questionnaire_Guam.docx DOCX document
Attachment_3_Bus_Route_Sheet.pdf PDF
Attachment_4_QASP.docx DOCX document
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SEE ADDENDUM

(No Collect Calls)

HE125419R2010 17-Apr-2019

b. TELEPHONE NUMBER

571-372-7982

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 06 May 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

ERIC K. MENSAH

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

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 HEGUAM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DISTRICT SUPERINTENDENT OFFICE

ATTN: LOGISTICS SUPERVISOR

100 JOHNSON ROAD

HAGATNA GUAM 96910

TEL: 671-344-9160/9578 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

485410

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)

PAGE 2 OF59

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Daily Commute Transportation Services

FFP

Transport students and other authorized individuals to and from their designated schools and assigned bus stops before the start of, and at the completion of, the students’ school day during the regular school year (SY) and the extended school year (ESY) in a safe and efficient manner.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0001AA 6,405 Days Daily Commuting Support

FFP

FOB: Destination V222

UNIT UNIT PRICE MAX AMOUNT

0001AB 570 Job Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

0001AC 1,000 Job Co-Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

Special Needs Transportation

FFP

Transport students with special needs and other authorized individuals safely to and from their designated schools and assigned bus stops before the start of, and at the completion of, the students’ school day during the regular school year (SY) and the extended school year (ESY) in a safe and efficient manner.

UNIT UNIT PRICE MAX AMOUNT

0002AA 540 Days Daily Special Needs Support

FFP

UNIT UNIT PRICE MAX AMOUNT

0002AB 1,030 Days Special Needs Student Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

0002AC 1,440 Days Bus Safety Aides

FFP

R430

UNIT UNIT PRICE MAX AMOUNT

0002AD 60 Days Extended School Year (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

0002AE 60 Days Bus Safety Aides (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

0003 400 Days Student Transportation Office Support

FFP

UNIT UNIT PRICE MAX AMOUNT

0004 1 Job Repair

FFP

TOT MAX PRICE

CEILING PRICE

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

Contractor Manpower Reporting

FFP

******Do NOT QUOTE****The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DoDEA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED

OPTION Daily Commute Transportation Services

FFP

Transport students and other authorized individuals to and from their designated schools and assigned bus stops before the start of, and at the completion of, the

UNIT UNIT PRICE MAX AMOUNT

1001AA 6,405 Days OPTION Daily Commuting Support

FFP

UNIT UNIT PRICE MAX AMOUNT

1001AB 570 Job OPTION Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

1001AC 1,000 Job OPTION Co-Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED

OPTION Special Needs Transportation

FFP

Transport students with special needs and other authorized individuals safely to and from their designated schools and assigned bus stops before the start of, and

UNIT UNIT PRICE MAX AMOUNT

1002AA 540 Days OPTION Daily Special Needs Support

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AB 1,030 Days OPTION Special Needs Student Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AC 1,440 Days OPTION Bus Safety Aides

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AD 60 Days OPTION Extended School Year (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AE 60 Days OPTION Bus Safety Aides (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

1003 400 Days OPTION Student Transportation Office Support

FFP

UNIT UNIT PRICE MAX AMOUNT

1004 1 Job OPTION Repair

FFP

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED

OPTION Contractor Manpower Reporting

FFP

******Do NOT QUOTE****The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DoDEA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED

OPTION Daily Commute Transportation Services

FFP

Transport students and other authorized individuals to and from their designated schools and assigned bus stops before the start of, and at the completion of, the

UNIT UNIT PRICE MAX AMOUNT

2001AA 6,405 Days OPTION Daily Commuting Support

FFP

UNIT UNIT PRICE MAX AMOUNT

2001AB 570 Job OPTION Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

2001AC 1,000 Job OPTION Co-Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED

OPTION Special Needs Transportation

FFP

Transport students with special needs and other authorized individuals safely to and from their designated schools and assigned bus stops before the start of, and

UNIT UNIT PRICE MAX AMOUNT

2002AA 540 Days OPTION Daily Special Needs Support

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AB 1,030 Days OPTION Special Needs Student Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AC 1,440 Days OPTION Bus Safety Aides

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AD 60 Days OPTION Extended School Year (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AE 60 Days OPTION Bus Safety Aides (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

2003 400 Days OPTION Student Transportation Office Support

FFP

UNIT UNIT PRICE MAX AMOUNT

2004 1 Job OPTION Repair

FFP

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED

OPTION Contractor Manpower Reporting

FFP

******Do NOT QUOTE****The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DoDEA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED

OPTION Daily Commute Transportation Services

FFP

Transport students and other authorized individuals to and from their designated schools and assigned bus stops before the start of, and at the completion of, the

UNIT UNIT PRICE MAX AMOUNT

3001AA 6,405 Days OPTION Daily Commuting Support

FFP

UNIT UNIT PRICE MAX AMOUNT

3001AB 570 Job OPTION Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

3001AC 1,000 Job OPTION Co-Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED

OPTION Special Needs Transportation

FFP

Transport students with special needs and other authorized individuals safely to and from their designated schools and assigned bus stops before the start of, and

UNIT UNIT PRICE MAX AMOUNT

3002AA 540 Days OPTION Daily Special Needs Support

FFP

UNIT UNIT PRICE MAX AMOUNT

3002AB 1,030 Days OPTION Special Needs Student Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

3002AC 1,440 Days OPTION Bus Safety Aides

FFP

UNIT UNIT PRICE MAX AMOUNT

3002AD 60 Days OPTION Extended School Year (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

3002AE 60 Days OPTION Bus Safety Aides (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

3003 400 Days OPTION Student Transportation Office Support

FFP

UNIT UNIT PRICE MAX AMOUNT

3004 1 Job OPTION Repair

FFP

UNIT UNIT PRICE MAX AMOUNT

3005 UNDEFINED

OPTION Contractor Manpower Reporting

FFP

******Do NOT QUOTE****The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DoDEA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED

OPTION Daily Commute Transportation Services

FFP

Transport students and other authorized individuals to and from their designated schools and assigned bus stops before the start of, and at the completion of, the

UNIT UNIT PRICE MAX AMOUNT

4001AA 6,405 Days OPTION Daily Commuting Support

FFP

UNIT UNIT PRICE MAX AMOUNT

4001AB 570 Job OPTION Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

4001AC 1,000 Job OPTION Co-Curricular Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED

OPTION Special Needs Transportation

FFP

Transport students with special needs and other authorized individuals safely to and from their designated schools and assigned bus stops before the start of, and

UNIT UNIT PRICE MAX AMOUNT

4002AA 540 Days OPTION Daily Special Needs Support

FFP

UNIT UNIT PRICE MAX AMOUNT

4002AB 1,030 Days OPTION Special Needs Student Trips

FFP

UNIT UNIT PRICE MAX AMOUNT

4002AC 1,440 Days OPTION Bus Safety Aides

FFP

UNIT UNIT PRICE MAX AMOUNT

4002AD 60 Days OPTION Extended School Year (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

4002AE 60 Days OPTION Bus Safety Aides (ESY)

FFP

UNIT UNIT PRICE MAX AMOUNT

4003 400 Days OPTION Student Transportation Office Support

FFP

UNIT UNIT PRICE MAX AMOUNT

4004 1 Job OPTION Repair

FFP

UNIT UNIT PRICE MAX AMOUNT

4005 UNDEFINED

OPTION Contractor Manpower Reporting

FFP

******Do NOT QUOTE****The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DoDEA via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at:

http://www.ecmra.mil/

DELIVERY- INSPECTION INFO

Delivery Information: Information in this section will be populated in the award document.

Inspection And Acceptance Terms: Information in this section will be populated in the award document as follows:

Inspect At and Accept At: Destination

Inspect By and Accept By: Government

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (OCT 2018) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

DEC 2018

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). DEC 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 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 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 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 52.242-15 Stop-Work Order AUG 1989 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.215-7008 Only One Offer OCT 2013 252.225-7042 Authorization to Perform APR 2003 eCMRA CONTRACTOR MANPOWER REPORTING

REQUIREMENTS

JUL 2018

EXHIBITS AND ATTACHMENTS

ATTACHMENT TABLE

ATTACHMENTS

ATTACHMENT NO. TITLE

1 Performance Work Statement (PWS) 2 Pricing Sheet 3 Sample Bus Routes

4 QASP

5 Past Performance Questionnaire 6 Letter of Commitment 7 FAR 42.15 – CPARS Form

(End Attachments)

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

FAR 52.212-1 ADDENDUM – INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (DEVIATION

2018-O0018) (OCT 2018)

Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

(b) Communication.

The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition.

Communications with other officials may compromise the integrity of this acquisition and result in cancellation of the requirement.

Intent to Submit Offer.

For planning purposes only, please send an e-mail to Mr. Eric Mensah at eric.mensah@hq.dodea.edu and Ms.

Colleen C. Pritchard at Colleen.Pritchard@hq.dodea.edu to give notification if your company intends to submit a proposal in response to this solicitation. The subject of the e-mail shall be “Intent to Submit a Proposal for HE1254- 19-R-2010.” Please provide the company’s name and point of contact to include name, title, address, e-mail, phone number, company’s DUNS, and NATO Cage Code. Failure to submit a notice of intent does not prohibit an Offeror from submitting a proposal.

Submission of Questions.

Offerors shall submit questions concerning this solicitation, electronically, NO LATER THAN 12:00 a.m. EDT, 30 April 2019. Questions submitted after this date may not be considered for a response.

Submission of Offers.

Offerors must ensure that the signed and dated attached proposal and all attachments are virus free, legible, and arrives in Mr. Mensah’s, and Ms. Pritchard's e-mail inboxes by the solicitation closing time. E-mails over 10 MB will be rejected by DoDEA’s network. If the electronic copy cannot be opened, the Contract Specialist or Contracting Officer will notify the Offeror and a replacement electronic copy shall be provided by the Offeror within one (1) working day after notification.

Documents shall be submitted in separate .pdf or Microsoft Office (e.g. Word, Excel, etc.) format by e-mail on or before the closing date and time stated in Block 8 of the solicitation to Mr. Eric Mensah, Contract Specialist, e-mail at Eric.Mensah@hq.dodea.edu, and Ms. Colleen C. Pritchard, Contacting Officer, e-mail at Colleen.Pritchard@hq.dodea.edu.

As a minimum, offerors shall submit a package consisting of an Administrative Cover Letter, Signed SF 1449, Signed SF 30 (as applicable) and four separate volumes as follows:

1. Administrative Cover Letter The Administrative Cover Letter shall state the following:

a. The solicitation number

b. Unique Entity Identifier (DUNS Number)

Document

Title

Page Limitations Pages shall be numbered numerically

Administrative Cover Letter

Administrative Cover Letter 1 page

Signed SF 1449 SF 1449 1 page (includes only the first page of the SF 1449)

Signed SF 30 SF 30 1 page (for each SF 30, as applicable)

Volume I

Technical Proposal

20 pages New Time Roman, not less than 12-point font (excludes attachments, i.e., schematics, syllabi, lists, drafts report formats, and similar materials)

Volume II Past Performance Information 15 pages

Volume III Price Proposal None

c. Complete Business Mailing Address.

d. N/CAGE Code

e. NAICS Code

f. Contact Name

g. Contact Phone and e-mail address

2. Signed SF 1449 Offerors shall complete blocks 12, 17a, and 30a-c of the SF 1449 Solicitation/Contract/Order for Commercial Items. Offerors shall insert their company’s CAGE code in the box titled “CODE” in block 17.

By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offeror’s terms and conditions will not be accepted. The SF 1449 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

3. Signed SF 30 Offerors shall complete blocks 8 and 15a-c of each SF 30 Amendment of Solicitation/Modification of Contract, issued for this solicitation. Each SF 30 shall be signed and dated by an Official authorized to bind the Organization, and be included in the quotation submission.

4. Volume I – Factor 1: Technical Capability

The Offeror’s proposal must clearly demonstrate the Offeror’s capability to perform/meet each objective as described in the Performance Work Statement (PWS).

Do not simply repeat back verbatim or paraphrase requirements along the lines of “we will do this or that.”

Instead, present your plans that describe or outline how you propose to meet the requirements, and do so in sufficient detail to explain clearly the procedures and processes you will put in place and use. In other words, treat each requirement as a question to be answered with “here’s my approach to do the job.” The Government will only evaluate an Offeror’s proposal based solely on the information provided.

The Offeror shall organize the response as follows:

The Offeror’s proposed plan shall detail its concepts, capabilities, and approach to support the successful execution of the requirements in the Performance Work Statement (PWS), specifically, the following subfactors:

a. Subfactor 1: Objective 1 (Daily Commute), PWS paragraph 2.1.

b. Subfactor 2: Objective 2 (Special Needs), PWS paragraph 2.2

c. Subfactor 3: Objective 3 (Curricular), PWS paragraph 2.3

d. Subfactor 4: Objective 4 (Program Management Plan), PWS paragraph 2.4.

5. Volume II – Factor 2: Past Performance.

Offeror shall submit past performance information on at least two (2), but not more than five (5), recent contracts for the prime and subcontractors (performing as the Prime on that effort) to determine the recency and relevancy of the Offeror’s performance. To be recent, the effort must be on-going or must have been completed within the last three (3) years from the solicitation issue date. To be relevant, the Offeror must demonstrate that performance involved similar scope and magnitude of effort and complexities this solicitation requires.Past Performance information submitted that is not recent and/or relevant will not be evaluated.

i. Subcontractor/Teaming Information. If an Offeror proposes a teaming arrangement for Daily Commute Services, the Offeror (proposed prime Offeror) shall provide past performance information on any subcontractor or teaming arrangement offered.

At a minimum, when a prime Offeror teams with a subcontractor, past performance information relevant to that subcontractor shall be provided on at least one (1) effort. The information required shall be the same as above. Offerors shall include in their proposal the written consent of their proposed subcontractor(s) to allow the Government to discuss the subcontractor’s past performance assessment with the Offeror.

ii. Questionnaires. Offerors must send Past Performance Questionnaires, Attachment 5, to their Customers’ points of contact (POCs) and instruct the POCs to complete the questionnaire in English. Offerors shall make their best effort to send out a sufficient number of past performance questionnaires to reasonably expect submission to the contracting officer at least one questionnaire on each cited contract/work effort. The questionnaire recipient should e-mail completed questionnaires directly to the contract specialist listed on the questionnaire. Past Performance Questionnaires are requested to be received in the issuing office by the closing date/time of the solicitation.

It is highly recommended that the questionnaires are sent to the Offeror's POCs at the earliest opportunity so there is sufficient time to complete the questionnaires and send to the Contract Specialist by the due date. The Government reserves the right to not consider past performance questionnaires received after the due date.

iii. The Government reserves the right to obtain information relative to present and past performance on its own, in addition to information provided by the Offeror and from contract and subcontract POCs. If you are aware that one or more of your contracts in the Past Performance Information Retrieval System (PPIRS) specifically relates to the requirements in this acquisition, please provide this contract/work effort as one of the past performance submissions with your proposal.

6. Volume III – Factor 3: Price Proposal.

i. Offerors fully burden price proposal shall be complete, and represent an accurate reflection of the requirement as stated in the PWS.

ii. Offerors shall complete, in its entirety, all unit and extended prices using the Government provided Microsoft Excel Pricing Sheet labeled “Attachment 2” and submit it in both the Excel and pdf format. The Pricing Sheet will establish the maximum unit prices the Offeror may charge for services under the contract.

iii. The Government will not be obligated to pay the Offeror any amount in excess of the prices proposed. Offerors are advised that in the event unit prices multiplied by quantity have been incorrectly calculated, the unit price will govern. The total evaluated price will be considered in making the final best value determination.

iv. To account for the option period(s) possible under FAR 52.217-8 (maximum six months) Option to Extend Services, the Government has provided a table within Attachment 2, labeled “FAR 52.217-8 Option to Extend Services.” The contractor will provide a Unit Price for each CLIN Description. If the Government has to exercise the option under FAR 52.217-8, then the Government will use the rate given for the last year performance was completed.

v. The price proposal is presumed to represent the Offeror’s best effort to respond to the solicitation.

Any inconsistency, whether real or apparent, between promised performance and price should be explained in the proposal. Any significant inconsistency, if not explained, raises a fundamental issue of the understanding of the nature and scope of the work required.

7. Volume IV – Factor 4: Representations and Certifications

i. Representations and Certifications. Offerors shall complete the representations and certifications in the System for Award Management (SAM) on the website www.sam.gov; or submit the representations and certifications contained in FAR 52.212-3 with their proposal. Offerors are reminded that their registration in SAM must be accurate and active by the award date.

ii. Subcontractor/Teaming Agreement. Offeror shall submit a copy of any subcontracting/teaming agreements.

iii. Offerors shall complete and submit the following necessary fill-in clauses, provision, and certifications contained in the solicitation:

A. 52.209-7 – Information Regarding Responsibility Matters.

B. 52.212-3 Alt 1– Offeror Representations and Certifications. Complete and/or submit as stated above.

C. 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan: Submit Certification in accordance with the instructions written within the Clause.

D. FAR 42.15 – CPARS Form (Attachment 7)

E. Letter of Commitment (Attachment 6)

iv. Offeror Responsibility Determination. (SUBMIT WITH PROPOSAL)

In accordance with FAR 9.103. (a) Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only; (b) No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility.

Per FAR 9.104, to be determined responsible, a prospective Offeror must comply with the following general and special standards:

A. General Standards.

1) Have adequate financial resources to perform the contract, or the ability to obtain them.

(submit Dunn and Bradstreet (D&B) Risk Assessment, letter from Offeror’s bank, stating declaration of solvency, line of credit, current available credit, and credit score if applicable etc.);

2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

3) Have a satisfactory performance record. A prospective Offeror shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

4) Have a satisfactory record of integrity and business ethics (must not be debarred or suspended from doing business with the United States or Host Nation);

5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective Offeror and subcontractors (to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel);

6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel);

7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations; and

B. Special Standards. Be an operational business with the capability to provide bus transportation services on a regular basis on established routes.

Addendum to Paragraph (c). Paragraph (c) is changed to read as follows:

(c) Period for acceptance of offers. The offeror 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 addendum to the solicitation.

Addendum to Paragraphs (d) & (e). Paragraphs (d) & (e) are deleted in its entirety.

Addendum to Paragraph (g) Contract award. Paragraph (g) is changed to read as follows:

The Government intends to award without discussions. Therefore, the offeror’s initial proposal should contain the offeror’s best approach/terms for technical, past performance, and price. However, despite this intent, the Government reserves the right to conduct discussions if the Government determines they are necessary. If the Government determines that discussions are necessary, a competitive range will be established. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, offerors will be notified in writing.

Addendum to Paragraph (h). Paragraph (h) is changed to read as follows:

Multiple awards. DoDEA intends on awarding a single award and does not intend on awarding multiple awards from this solicitation.

Addendum to Paragraph (i). Paragraph (i) is deleted in its entirety.

(End of Addendum to FAR 52.212-1)

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

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

See 52.212-2 Addendum

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

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

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

Addendum to Paragraph (a). Paragraph (a) is changed to read as follows:

(a) The Government will award a single Firm-Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) contract to the responsible Offeror whose offer conforming to the solicitation requirements represents the lowest price technically acceptable offer, meeting the minimum requirements of the non-price factors, Technical and Past Performance, listed below. This solicitation is being competed under FAR Parts 12 and 15.

1) Proposals will be evaluated for acceptability, but not ranked using the non-price factors/subfactors stated below.

2) In order to be considered awardable, an Offeror must receive an “acceptable” rating in Factor 1, Technical factor/subfactors, and “acceptable or neutral” in Factor 2, Past Performance.

ii. Factor 1: Technical Capability. The Government will evaluate the Offeror’s proposal to determine if the Offeror clearly demonstrates its capability to meet the PWS requirements for each subfactor below.

a. Subfactor 1: Objective 1 (Daily Commute), PWS paragraph 2.1.

b. Subfactor 2: Objective 2 (Special Needs), PWS paragraph 2.2

c. Subfactor 3: Objective 3 (Curricular), PWS paragraph 2.3

d. Subfactor 4: Objective 4 (Program Management Plan), PWS paragraph 2.4.

Technical Capability will be rated in accordance with the following Rating Method:

Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

iii. Factor 2: Past Performance. Will be evaluated to assess the Offeror’s ability to successfully meet the requirements based on the Offeror’s demonstrated recent and relevant record of how well the Offeror performed on previous contracts.

For the evaluation, the Government will assess Performance Recency and Relevancy as stated below.

A. Recency. An assessment of the past performance information will be made to determine if it is recent.

Past Performance Recency Ratings

Adjectival Rating Description

Recent The effort must be ongoing or must have been completed within the last three (3) years by the closing date/time of this solicitation.

Not Recent The effort have been completed more than three (3) years by the closing date/time of this solicitation.

B. Relevancy Assessment. The Government will determine how relevant the effort accomplished by the Offeror is to the effort to be acquired through the solicitation. The Government is not bound by the Offeror’s assessment of relevancy. Relevancy in regard to complexity will be assessed based on, but not limited to, the similarities between a given past performance effort and this solicitation in terms of the following complexities. The relevancy analysis will focus on if the offeror has provided bus transportation services similar in scope, magnitude of effort, and complexities to customers in

European countries.

Relevancy will be rated in accordance with the following Rating method:

Past Performance Relevancy Ratings

Adjectival Rating Description

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

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

C. Past Performance Overall Rating. The past performance evaluation is an assessment of the Offeror’s probability of meeting the minimum past performance solicitation requirements. The Government will review the information collected, to include, but not limited to the Past Performance Questionnaire, Attachment 5, to determine the quality of the Offeror’s overall record of recent and relevant past performance.

Past Performance Acceptable/Unacceptable Rating method:

Past Performance Rating Method

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral

An offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

D. In addition to past performance information submitted by the Offeror and Questionnaires completed for the Offeror, past performance information may be obtained from Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, or other sources known to the government.

E. In evaluating past performance, the Government reserves the right to give greater consideration to information on those individual contracts deemed most relevant to the effort described in this RFP. The Government also reserves the right to give greater consideration to an individual Offeror’s past performance information rather than the combined past performance information of an Offeror and its associates using teaming arrangements.

F. If the Government chooses to conduct negotiations, Offerors will be provided an opportunity to address any adverse past performance information not previously addressed. Adverse past performance is defined as past performance information which supports a less than satisfactory rating on any evaluation aspect or any unfavorable comments received from sources without a formal rating system.

G. The Government may reject a proposal if it is found that the Offeror deleted, misrepresented, or withheld any information that might have a negative impact on its past performance record.

Price Proposal: Will not be assigned a rating. However, the proposal (Attachment 2 - Pricing Sheet Price) will be evaluated to determine if the final agreed-to price is fair and reasonable, using the techniques and procedures stated in FAR 15.404-1.

(b) Addendum to Paragraph (b). Paragraph (b) is changed to read as follows:

Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it/them to a six-month value, and add it to the sum of all CLINs (base plus all option periods). The sum of the prices for the base period, option periods (if any) and the 52.217-8 extension will be the total evaluated price.

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).

(End of Addendum to FAR 52.212-2)

52.212-4 ADDENDUM – CONTRACTS TERMS AND CONDITIONS - - COMMERCIAL ITEMS (Jan 2017)

Text in paragraph (c) is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).

CONSENT TO DE-OBLIGATION OF EXCESS FUNDS AFTER FINAL PAYMENT

(a) This paragraph is an addendum to FAR 52.212-4.

(b) The Contractor agrees that, after final payment has been made, the Government may unilaterally, and without obtaining further approval from the Contractor, adjust the final quantities of goods and/or services delivered and accepted under this contract and adjust the final price of this contract to conform to the total amount paid as of the date final payment was made.

(c) In accordance with FAR 4.804-3, the paying office shall close the contract file upon issuance of the final payment voucher. No contract modification will be issued to de-obligate the excess funds.

(d) If this contract is a type of indefinite-delivery contract (e.g., indefinite-delivery indefinite-quantity, requirements), this paragraph shall apply to each order issued under the contract on a case-by-case basis.

(e) This paragraph shall be deemed to be written agreement of the parties as contemplated by the changes paragraph of the Contract Terms And Conditions – Commercial Items clause of this contract (FAR 52.212-4(c)).

DAMAGES TO BUSES

(a) This paragraph is an addendum to FAR 52.212-4.

(b) The contractor is responsible for the cost of repairs for any and all damages caused by DoDEA students. The Government is not liable for any damages caused by DoDEA students. The Government will not reimburse the contractor for costs resulting from any such actions.

(End of addenda to FAR 52.212-4)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2019)

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

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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.

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