HQ0034-12-R-3007-0001 SBSFS Amendment.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The Acquisition Set Aside has changed from Small Business to 8(a) Program.

The following have been added by reference:

The following have been added by full text:

252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense. Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

(To be completed by the Contracting Officer at the time of award)

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that--

(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

(End of Clause)

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

MARK CENTER SHUTTLE BUS SERVICE (BRAC 133)

To/From Franconia Springfield Metro Transit Station

PART 1-GENERAL INFORMATION

1.1. Description of Services/Introduction: The contractor shall provide all equipment, tools, materials and other items and non-personal services necessary to perform bus operation services as defined in this Performance Work Statement. The contractor shall perform to the standards in this contract.

1.2. Background: This contract provides ground transportation (in the form of shuttle bus service) for Department of Defense (DoD) personnel in the National Capitol Region (NCR). This shuttle bus service is specifically for DoD personnel assigned to the Mark Center.

1.3. Objectives: The Contractor will provide all DoD Shuttle Bus Service Support. This support includes:

a) Providing driver operated shuttle bus services

b) Providing climate controlled equipment capable of carrying a minum of 40 seated personnel

c) Providing commercially licensed bus drivers and other personnel necessary to meet the service schedules

d) Maintaining and inspecting buses

e) License and Security Requirements

f) Vehicle Insurance and Liability

g) Special Qualifications

1.4. Scope: The contractor shall provide services for operating DoD shuttle bus services. The contractor must be a DOD approved carrier and remain DOD approved for the duration of the contract. DoD approved carriers are listed at the Defense Travel Management Office regulation.

https://www.defensetravel.dod.mil

1.5. The contractor shall provide properly maintained buses and drivers IAW all federal, state, and local laws in order to support the Mark Center / Franconia-Springfield Metro route.

1.6. Period of Performance:

Base Period-

1 May 2012 – 30 April 2013

Option Period 1- 1 May 2013 – 30 April 2014

1.7. Type of Contract: The government anticipates an award of a Commercial Firm Fixed Priced contract.

1.8. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which it assures its self that its work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. After approval of the quality control plan by the Government, any changes to the QCP must be approved by the Contracting Officer in writing. (The QC Plan should be delivered no later than seven days after the contract is issued.)

1.8 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with PWS Part 8, Technical Exhibits 1 (Performance Requirements Summary) and Technical Exhibit 2 (Deliverables Schedule).

1.9.

Recognized Holidays: The contractor is not required to perform services on the following Holidays

· President’s Day

· Columbus Day

1.10. Hours of Operation/Place of Performance: The contractor is responsible for conducting shuttle bus service operations between the hours of 0530-0930 and 1530-1930 Monday thru Friday except Federal holidays or when the Mark Center or Franconia Springfield Metro Station is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Morning hours will be from 0530-0930 and evening hours will be from 1530-1930. There will be no mid-day service unless specifically requested by the Government.

Shuttle buses must run continuously and uninterrupted during hours of operation between the Franconia Springfield Metro Station and the Mark Center without intermediate stops. Buses must depart from each location every 15 minutes during hours of operation. The last morning bus shall depart at 0930 from Franconia Springfield Metro Station to the Mark Center. The last evening bus shall depart at 1930 from the Mark Center to the Franconia Springfield Metro Station.. Contractor shall accommodate changes to this schedule, if requested by the Government, within 2 business days. The place of performance is to and from the Franconia Springfield Metro Station, 6880 Frontier Drive, Springfield, VA to the Mark Center Transit Center, 4800 Mark Center Drive, Alexandria, VA.

1.11.0.

Security:

1.11.1.

Physical Security – The contractor shall be responsible for safeguarding, maintaining, and staging the equipment vehicles in a secure area at all times. All personnel and drivers involved in providing the services required by this PWS shall, at contractor’s expense, complete an annual Anti-Terrorism and Force Protection (AT/FP) awareness training course. The contractor shall provide proof of completed trainings.

1.11.2.

Security Requirements –Service provider for shuttle bus routes supporting the Mark Center should ensure that any/all drivers assigned to the routes have passed a National Criminal Investigation Check (NCIC). This check must be performed before drivers can start the shuttle routes. Currently, there is no cost to the provider for this background check. A list of the drivers full names, date of birth, and social security numbers should be provided to the Contracting Officer Representative (COR) to be passed on to the Pentagon Security office to have this check completed. The company must provide the COR with an emergency phone number for twenty-four, 7 day-a-week contact purposes.

1.11.3.

Emergency Management/Contingency Plan - In the event of an emergency at the Mark Center Complex, all buses will re-route to the original mass transit facility location and await further instructions from the COR or Alternative Contracting Officer Representative (ACOR). During inclement weather and major traffic events, the shuttle buses will operate on a normal schedule until giving further instruction by the ACOR. In the event, the Office of Personnel Management (OPM) deems the Federal Government to open late or be released on early dismissal or closure policy, the contractor will provide transportation for personnel to mass transit centers as instructed by the ACOR.

The current design of Mark Center Station and the surrounding Mark Center Complex does not accommodate bus layover when vehicles are not in their assigned bays. Layover is defined as a bus not in operation. Layovers in the assigned bays are not permitted due to lack of space.

1.12.0.

Special Qualifications:

1.12.1.

The contractor is responsible for ensuring all employees possess all required licenses for operating equipment used in the execution of this contract. The Contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the aforesaid reasons. All drivers shall possess a valid Commercial Driver’s License (CDL) and have passed a NCIC background check. The Contractor employees’ attire must be standardized in style and colors, be in accordance with company policy and be easily identified by either a stitched company logo or name badge with the company name and other information listed. Drivers will maintain a neat and clean appearance and be courteous at all times. No open toed shoes or sandals are to be worn. Drivers may not eat or use hand held or personal electronic devices or cell phones (except for emergencies) while operating the vehicles. Music or other audio or visual recordings are not permitted on the buses.

1.12.2. Contractor employees operating the shuttle bus must display their qualifications and license to operate such a vehicle on the shuttle while they are operating the shuttle.

1.12.3. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend a post award conference and/or periodic meetings convened by the contracting activity. The Contracting Officer (CO), Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At such meetings, the contractor will be apprised of its performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.12.4. Contracting Officer Representative (COR): The COR will monitor all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12.5. Contract Manager: The contractor shall provide a full time contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO and COR. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

Part 2- Specific Tasks

2.1.1. Basic Services: The contractor shall provide shuttle bus services for the established Mark Center Bus Route locations at Franconia/Springfield Metro Station to/from Mark Center at precise times as specified in this PWS.

2.1.2.

The Contractor shall provide properly maintained buses and operate a bus operation in compliance with rules and regulations contained in the Federal Motor Carrier Safety Regulations and the Military Bus Agreement. Also, the Contractor shall ensure there are adequately trained drivers and supervisory personnel.

2.1.3. All buses shall be in good operating condition. All buses shall be climate controlled with operating heating and air conditioning. All items needing repair must be repaired immediately upon detection and all operational features shall work without strain or unnecessary noise.

2.1.4.0. Each bus shall have a professional appearance that is free of noticeable dirt, debris, accident damage, or other damage. Paint schemes shall be compatible and subdued. Exteriors shall be washed as necessary, and interiors cleaned, sanitized and/or swept daily, or more often as needed. Windows shall be cleaned. Upholstery seat forearms, armrests, and cushions shall be in good repair and not torn, misshapen or unusable. The Contracting Officer’s Representative (COR) may, upon cause and at his option, require the Contractor to have any designated bus re-inspected for safety requirement compliance at any time during the contract period, and if necessary, remove the bus for cause.

2.1.4.1. The vehicles provided under this contract shall display the following identifying markings on the outside of the vehicle:

a. Sign on the front reading “DoD Bus Route” and the correct number for the particular route.

b. Sign on the top front and right side indicating destination.

c. The signs referenced above shall have lettering a minimum of three inches (3’) in height.

2.1.4.2. The Contractor shall post a sign stating the operator’s name, inside the bus at the front above the windshield, or other similar, appropriate, visible location. The Contractor shall also post a signage in the leased vehicles that is visible to all patrons that provides information on who to contact about the bus route, suggestions, complaints or comments.

2.1.4.3. The vehicles shall have a minimum of one (1) “NO SMOKING” sign conspicuously posted inside the bus.

2.2. The Contractor shall ensure that all vehicles providing the transportation services under this contract have a minimum seating capacity of 40 passengers. Also, the Contractor shall ensure that only duly authorized patrons with appropriate Identification (ID) Cards utilize this bus service. These patrons are as follows:

a. Military personnel on active duty, either in uniform or upon presentation of their active duty Armed forces Identification Card (DD Form 24, green border). No dependents allowed.

b. DOD Civilian Personnel with DOD ID Cards or DOD Building Passes.

c. Retired military ID Cards (DD Form 2A; Ret.) SHALL NOT BE HONORED.

2.2.1. The Contractor shall provide the following completed Passenger Reports monthly.

a. Daily ridership counts are required for the route for the AM and PM.

b. Weekly review of customer complaints/feedback and resolution of issues.

c. Monthly ridership reports for the AM and PM service

Interim Ridership Report

Final Ridership Report 1 May 2012 – 30 Jun 2012

1 Jul 2012 – 30 Jun 2013 28 Jul 2012

28 Jul 2013

2.3.0. Mechanical Breakdowns:

2.3.1. The Contractor shall immediately notify the COR when any breakdown, accidents, or incidents occur and provide an assessment as to when the affected service will be restored.

2.3.2. The Contractor shall correct mechanical breakdowns of the heating or air condition equipment, regardless of where the breakdown occurs, by replacing the vehicle within two (2) hours of such breakdown.

2.3.3. The Contractor shall correct any mechanical breakdown, where a bus can no longer transport passengers, within one (1) hour by substitution of a contract qualified bus at the site of the breakdown where passengers will subsequently be transferred.

Accident Reporting. When a bus carrying DOD passengers is involved in an accident that results in an injury, fatality, or substantial property damage, the carrier will immediately provide the following information to the COR/ACOR by the most expeditious means possible:

a. Date, time and place of accident

b. Nature of accident

c. Number of DOD passengers on board

d. Number, and location of injured passengers

e. Number, and disposition of passenger fatalities

f. Last point of departure and point of intended destination

g. Condition of baggage and impedimenta

h. Arrangements to accommodate uninjured passengers pending onward travel

i. Copy of accident report from the appropriate law enforcement agency (when available)

NOTE: The names and extent of injury or death of passengers will be withheld from the public, pending notification of the next of kin by DOD. Announcements may be made by the Carrier about its own employees at the Carrier’s discretion

2.4 Management Plan- The contractor shall have a Management Plan, Standard Operating Procedures; provide details of vehicles to be used and facilities for the operation of the BRAC 133/Mark Center shuttle service.

PART 4- CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General: Except for those items specifically stated to be furnished by the Government, the contractor shall furnish everything required to perform IAW this PWS.

PART 5- Designated government REpresentative

Contracting Officer Representative (COR):

Ms. Deborha Parsley, COR

WHS/Enterprise Management

Integrated Services Division

1155 Defense Pentagon, Room 3B139A

Washington, DC 20301-1155

703-614-0918

Task Monitor (TM) / Secondary (COR):

Ms. Lisa Passagaluppi, TM

WHS/Enterprise Management

Integrated Services Division

4800 Mark Center Drive

Alexandria, VA

Installation Representative (IR):

Mr. Alton J. Cheaves, Jr, Director

WHS/Enterprise Management

Integrated Services Division

1155 Defense Pentagon, Room 3B139A

Washington, DC 20301-1155

703-614-6443

Part 7-DEFINITIONS & ACRONYMS

Definitions

Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor Washington Headquarters Services (WHS), Acquisition Directorate (AD)

Installation Representative: A representative from the requiring activity assigned by Agency Head to provide management and oversight of the program.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control (QC): Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance (QA): Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

Acronyms

BRAC: Base Realignment and Closure

CO: Contracting Officer

CQC: Contractor Quality Control

GFE: Government Furnished Estimate

OSHA: Occupational Safety and Health Administration

PFPA: Pentagon Force Protection Agency

QA: Quality Assurance

QC: Quality Control

WAWF: Wide Area Workflow

WHS: Washington Headquarters Services

PART 8-Technical Exhibits

TECHNICAL EXHIBIT 1- Performance Requirements Summary

PRS # 1. The Contractor shall provide and operate vehicles in support of the Mark Center..

PWS Parts 1 and 2

PRS # 2 . The Contractor shall maintain the interior and exterior of all buses, develop an inspection program, and maintain inspection records.

PWS Parts 1 and 2

100% inspection by the COR

PRS # 3. The Contractor shall ensure buses have proper internal and external markings.

PWS Parts 1 and 2

PRS # 4. The Contractor shall transport designated passengers on specified routes, in a timely manner, and conduct passenger counts.

PWS Parts 1 and 2

PRS # 5. The Contractor shall correct any mechanical breakdowns in the specified time and manner and provide COR notification.

PWS Parts 1 and 2

TECHNICAL EXHIBIT 2-DELIVERABLES SCHEDULE

Secure staging area

Contract Manager

Maintenance schedule

Passenger reports

Management Plan/Standard Operating Procedures

TECHNICAL EXHIBIT –Workload Estimate and Route Map

Franconia-Springfield Route

252.219-7010 ALTERNATE A (JUN 1998)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The (insert name of SBA's contractor) will notify the Washington Headquarter Services Acquisition Directorate Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

DOD-H1

SPECIAL REQUIREMENTS

H-1 COMPLIANCE WITH PENTAGON REGULATIONS & PERFORMANCE OF WORK ON GOVERNMENT PREMISES

a) The site of the work is on a Federal Reservation Complex and the Contractor shall observe rules and regulations issued by the Director, Washington Headquarters Service (WHS) covering general safety, security, sanitary requirements, pollution and noise control, traffic regulations and parking. Information regarding requirements may be obtained by contacting the Contracting Officer, who will provide such information or assist in obtaining it from the appropriate authorities.

b) The rules and regulations, whether in effect now or to go into effect in the future, at the premises where services are to be performed shall apply to the Contractor and its employees while working on the premises. These regulations include, but are not limited to: presenting valid identification for entrance, smoking restrictions, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying posted directives, strict adherence to security and/or police directives, and safety procedures and directives.

c) Contractor shall comply with Contractor shall comply with 32 CFR part 234.1, Conduct on the Pentagon Reservation.

H-2

EXERCISE OF OPTION

The Option in this contract consists of efforts contained in CLIN 0002 (01 May 2013 through 30 April 2014). In accordance with FAR 52.217-9, "Option to Extend the Term of the Contract", as applicable, the Government is not obligated to exercise any of the options in this contract. The Government, however, reserves the right to exercise one or more options any time after contract award, but not later than the time frames specified in Section I.

H-3 – IDENTIFICATION OF EMPLOYEES

Each employee assigned to this project by the Contractor and subcontractors shall be required to display at all times, while on the project site, an approved form of identification provided by the Contractor, as an authorized employee of the Contractor/subcontractor. In addition, within areas where identification is prescribed and furnished by the Government, it shall be displayed as required and shall immediately be returned to the Contracting Officer for cancellation upon release of the assigned employee and/or completion of project.

H-4 – REQUIRED INSURANCE

(a) Pursuant to the contract clause entitled "Insurance-Work on a Government Installation", FAR 52.228-5, the DoD approved Carrier shall procure and maintain, during the entire period of its performance under this contract, and be compliant with Federal laws which requires a $5M Insurance Policy to operate in Interstate Commerce, the guidelines are found in the Federal Motor Carrier Safety Regulations.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate of written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

H-5 CONTRACT ADMINISTRATION

The cognizant office indicated on the cover page of the award document will perform administration of this contract. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

APPENDIX D

APPENDIX - D

PAST PERFORMANCE SURVEY

SHUTTLE BUS SERVICES

CONTRACT INFORMATION

Please provide the following information to assist us in tracking response received and resolving any conflicts in the evaluation process if necessary.

1.

Contractor:

2.

Contract Number:

3.

Contract Type:

4.

Name of Evaluator:

5.

Telephone Number:

6.

Email Address:

7.

Mailing Address:

8.

Length of involvement with award:

9.

Degree or extent of involvement with contract (CO / COR):

10.

Period of Performance: ______________________________________________

Initial Contract Value:

Current or Completed Contract Value:

Brief Description of Requirement:

SHUTTLE BUS SERVICES: Please briefly described transportation services “TO / FROM”:

SCORING CRITERIA

· EXCELLENT – The Offeror’s performance was consistently superior; the contractual performance was accomplished with minor problems, to which corrective action taken by the contractor was highly effective.

· GOOD – The Offeror’s performance was better than average; the contractual performance was accomplished with some minor problems, to which corrective action taken by the contractor were effective.

· AVERAGE – The Offeror’s performance was adequate; the contractual performance reflects a problem, to which the contractor has not yet identified corrective actions.

· MARGINAL to UNSATISFACTORY – The Offeror’s performance is/was in danger of being unable to satisfy contractual requirements.

I. FLEET OPERATING CONDITION

a) All buses remained in good operating condition;

b) All buses maintained climate control w/operational heating and air conditioning

c) Any bus needing repair was repaired immediately upon detection and all operational features worked w/out strain or unnecessary noise.

Please circle the appropriate rating below or check ( if N/A

|_____|_____|_____|_____|_____|_____|______|_____|______|_____|______| CHECK ( if N/A

Unsatisfactory

Acceptable

Excellent

II. BASIC SERVICES/PERSONNEL:

a) Drivers maintained a neat and clean appearance and was courteous at all times;

b) Drivers did not eat or use hand held personal electronic devices or cell phones (except for emergencies) while operating the vehicles;

c) Supervisory personnel were accessible without difficulty

III. ADHERENCE TO PERFORMANCE SCHEDULE

a) ‘Schedule’ describes Offeror’s performance in meeting required timetable (actual start and stop times); the cause of any schedule variances will be examined to determine the extent to which the Offeror was able to control the circumstances.

IV. GENERAL BUSINESS CONDUCT AND BUSINESS-LIKE CONCERN FOR THE CUSTOMER

a) Responsiveness and flexibility in responding to changes

b) The Offeror provided Emergency Phone Contact info for twenty-four, 7 day-a-week contact; if the contact list was utilized, was the contractor immediately accessible?

V. COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT

a) Quality, completeness, and accuracy of price proposals

b) Accuracy and timeliness of required reports

c) Ability to perform within negotiated prices

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2012) (DEVIATION)

(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 clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

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

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (MAR 2012) Alternate I (Deviation) (FEB 2000)

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

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(2) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(3) Reserved.

(4) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(5) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(6) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(7) Reserved

(8) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(9) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

(10) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(11) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(12) 52.222-54, Employment Eligibility Verification (Jan 2009).

(13) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(14) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.] (End of clause

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

(End of clause)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. (NOV 2011)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror--

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies.

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirement of paragraph (c)(2) of this provision do not apply if--

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of provision)

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (DEVIATION 2012-O0003) (JAN 2012)

(a) The Contractor, in connection with this contract, shall—

(1) Comply with the requirements of 48 CFR 9904.401, Consistency in Estimating, Accumulating, and Reporting Costs; 48 CFR 9904.402, Consistency in Allocating Costs Incurred for the Same Purpose; 48 CFR 9904.405, Accounting for Unallowable Costs; and 48 CFR 9904.406, Cost Accounting Standard—Cost Accounting Period, in effect on the date of award of this contract as indicated in 48 CFR Part 9904.

(2) (CAS-covered Contracts Only) If it is a business unit of a company required to submit a Disclosure Statement, disclose in writing its cost accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5. If the Contractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outside of the Government.

(3)(i) Follow consistently the Contractor’s cost accounting practices. A change to such practices may be proposed, however, by either the Government or the Contractor, and the Contractor agrees to negotiate with the Contracting Officer the terms and conditions under which a change may be made. After the terms and conditions under which the change is to be made have been agreed to, the change must be applied prospectively to this contract, and the Disclosure Statement, if affected, must be amended accordingly.

(ii) The Contractor shall, when the parties agree to a change to a cost accounting practice and the Contracting Officer has made the finding required in 48 CFR 9903.201-6(c), that the change is desirable and not detrimental to the interests of the Government, negotiate an equitable adjustment as provided in the Changes clause of this contract. In the absence of the required finding, no agreement may be made under this contract clause that will increase costs paid by the United States.

(4) Agree to an adjustment of the contract price or cost allowance, as appropriate, if the Contractor or a subcontractor fails to comply with the applicable CAS or to follow any cost accounting practice, and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States together with interest thereon computed at the annual rate established under section 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)), from the time the payment by the United States was made to the time the adjustment is effected.

(b) If the parties fail to agree whether the Contractor has complied with an applicable CAS, rule, or regulation as specified in 48 CFR 9903 and 9904 and as to any cost adjustment demanded by the United States, such failure to agree will constitute a dispute under the Contract Disputes Act (41 U.S.C. 601).

(c) The Contractor shall permit any authorized representatives of the Government to examine and make copies of any documents, papers, and records relating to compliance with the requirements of this clause.

(d) The Contractor shall include in all negotiated subcontracts, which the Contractor enters into, the substance of this clause, except paragraph (b), and shall require such inclusion in all other subcontracts of any tier, except that—

(1) If the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, the substance of the applicable clause set forth in subsection 30.201-4 of the Federal Acquisition Regulation shall be inserted.

(2) This requirement shall apply only to negotiated subcontracts in excess of $700,000.

(3) The requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a CAS clause as specified in 48 CFR 9903.201-1.

(End of clause)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010)

(a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes:

(1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120.

(2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1.

(b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.

(c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to--

(1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);

(2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);

(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);

(4) The Export Administration Regulations (15 CFR parts 730-774);

(5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and

(6) Executive Order 13222, as extended.

(e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts.

(End of clause)

252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011)

(a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal

Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor.

(b) If an alternative line item structure…