HSTS04-17-R-CT3014_Amendment_3_track_changes.docx

Transportation Security Administration

Integrated Logistics Support (ILS) Request for Proposal

Request for Proposal No. HSTS04-17-R-CT3014

TBD

Transportation Security Administration Office of Acquisition Passenger Screening Program

TABLE OF CONTENTS

B.1.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) 20 B.1.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes

B.1.7 52.217-8 Option to Extend Services……………………………………29

SECTION 2 – HOMELAND SECURITY ACQUISITION REGULATION (HSAR)

CLAUSES 32

B.2.1 3052.204-70 Security Requirements for Unclassified Information

B.2.6 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 35 B.2.7 3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (Jun 2006) 35

SECTION 3 – HOMELAND SECURITY ACQUISITION REGULATION (HSAR)

CLAUSES 36

B.3.1 Packaging and Marking Requirements for Transportation Security

E.1.4 52.212-3 Offeror Representations and Certifications – Commercial Items (Jan 2017) 137 E.1.5 3052.2209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) 158 E.1.6 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program (Jun 2006) 160 E.1.7 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003). 160

SECTION 2 –ADDENDUM TO INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS 161

– SCHEDULE OF SUPPLIES/SERVICES

(CONTINUATION OF SF 1449, BLOCK 20)

A.1 General Description The Contractor shall provide the ILS services as described in Part C, Performance Work Statement, in accordance with the pricing set forth in Section 1 of Part A, Schedule of Supplies/Services. Individual Task Orders (TOs) will be issued in accordance with the terms and conditions stated herein. All services provided under this contract will be purchased through the issuance of Fixed-Price and Time-and-Materials TOs. To the maximum extent practicable, orders under this contract will be on a Firm-Fixed-Price basis to include any travel costs or other direct charges related to performance of the services ordered, unless the order provides for reimbursement of travel at cost in accordance with the Federal Travel Regulations.

A.2 Contract Minimum/Maximum The minimum guarantee for this IDIQ contract will be $1,000,000 over the entire contract term/period.

The specific products and quantities will be identified in each TO issued under the base IDIQ contract.

A maximum ceiling of $TBD is established as the cumulative total of all orders to be issued under this contract.

A.3 Contract Type This contract will allow the flexibility of using Firm-Fixed-Price and Time and Materials CLINs.

A.4 Contract Pricing The Contractor shall bid using the Contract Line Item Numbers (CLINs) in accordance with Section A.4.1, Pricing Schedule, of this Section.

A.4.1 Pricing Schedule A.4.1.1 Transition Period Transition Period pricing shall include all costs required to ensure a smooth transfer of operations at midnight, EST, on January 31, 2018. The transition period does not include Preventive Maintenance (PM), Corrective Maintenance (CM), Radiation Surveys (RS), Radioactive Leak Tests (RLT), or any parts or consumables associated with those maintenance actions.

A.4.1.2 Ordering Years 1 Through 5 The Pricing Schedule quantities represent estimated quantity counts for each Ordering Period and an estimated annual requirement for Radioactive Leak Tests (RLT) in the TSA Logistics Center (TSALC). Payment will be based on actual quantities deployed and operated in the field.

Total costs for Sustainment of TSE (CLIN X001A / X002A), Sustainment Support Program Management (CLIN X001B / X002B), TSRC Operations (CLIN X001C / X002C), Preventive Maintenance (PM) Consumables (CLIN X001D / X002D), Radioactive Leak Tests in TSALC (CLIN X001E/X002E) and Incentive Pools (CLIN X001F / X002F) shall be reflected in the pricing tables below under X001A through X001F. Nothing should be bid/priced under CLIN X002A-X002F. The Government will provide quantity and funding allocations between Checkpoint and Checked Baggage at the execution of each Ordering Year (OY).

Technology

Support

5,000,000

0.00

Technology

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

Technology

Support

5,000,000

0.00

Technology

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

Technology

Support

5,000,000

0.00

Technology

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

Technology

Support

5,000,000

0.00

Technology

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

Technology

Support

5,000,000

0.00

RESERVED

Technology

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

RESERVED

[CLIN pricing for the contract shall be inserted at the time of award]

SECTION 1

SECTION 2

SECTION 3

SECTION 4

A.1 A.2 A.4.3 A.4.2 Fixed Unit Price CLINs A.4.2.1 Sustainment of TSE (CLIN X001A / X002A) The Contractor shall provide the labor, materials and support equipment to provide sustainment of Transportation Security Equipment (TSE) in accordance with the requirements set forth in Part C, Performance Work Statement. All maintenance, repair and other related actions to sustain TSE will be included in the fixed unit pricing established in Section A.4.1, Pricing Schedule, of this Part. It is the Government’s intent that the fixed unit pricing for TSE Sustainment Services include all estimated costs for preventive and corrective maintenance as defined in C.8.1, Preventive Maintenance (PM), C.8.2 Radiation Surveys (RS) and Radioactive Leak Tests (RLTs), and C.8.3, Corrective Maintenance (CM), of Part C, during the period of performance identified. There are predictable National Security Special Events (NSSE) designated by the Secretary of Homeland Security that shall be considered within the scope of this contract and covered within CLIN X001A / X002A. Examples include, but are not limited to, presidential inaugurations, major international summits held in the United States, major sporting events, and presidential nominating conventions. These events cause a temporary period of significantly increased passenger enplanements at affected locations, and are highly visible to the nation’s leadership and members of the press. It is incumbent upon the Contractor to provide enhanced maintenance support during these periods, and the Contractor shall ensure that sufficient staffing and parts support are available and in place to support these events. The Contractor shall coordinate with local TSA, the COR, and the CO to establish and implement enhanced support for these locations for any event officially deemed an NSSE by the federal government. Support plans shall be prepared and submitted in accordance with CDRL A027, Holiday and NSSE Support Plans.

Fixed-unit pricing for sustainment of TSE shall not include requirements as defined in C.8.4, Catastrophic Response and Additional Support, of Part C. The sustainment services fixed unit price CLIN structure is designed to provide flexibility to the Government in order to accommodate differing quantity amounts throughout the life of the contract. Unit pricing for CLIN X001A / X002A only applies to deployed, in-service TSE, as defined in Section C.8.8, Deployed Equipment, of Part C, that are not covered under the manufacturer’s warranty and unit quantity totals may fluctuate in any given month. The TSA continues to evaluate the use of all TSE deployed in the field and reserves the right to move, remove, or add any technology/model of equipment to any federal airport or TSA designated facility required to meet TSA’s constantly evolving screening objectives and policies. For example, older models of technology may be gradually reduced or completely removed as newer versions of the same technology are acquired and deployed. This is just one example of how the quantity of a particular technology may fluctuate with the evolving security needs of TSA and the individual airports. The Government reserves the right to modify or discontinue the phase out process as it deems necessary in such instances. Accordingly, the Contractor shall provide fixed unit prices for the TSE identified in Section A.4.1, Pricing Schedule, of this Part, accounting for this dynamic and shall invoice using the procedures set for in Section B.3.4.7, Development of Invoices, of Part B.

TSA reserves the right to modify the contract to include provisions for new equipment and future technologies not listed in Section A.4.1, Pricing Schedule, of this Part, as they are procured and deployed.

A.4.2.2

SECTION 1

SECTION 2

SECTION 3

A.1.5 A.2.5 A.3.5 A.4.5 A.4.4.1 A.4.4.1 1A.4.3.1 Preventive Maintenance (PM) Consumables Pricing (CLIN X001D / X002D) The following fixed unit prices shall apply when ordering PM consumables, in accordance with Section C.8.6.2, Preventive Maintenance (PM) Consumables, of Part C. The CO will notify the Contractor in writing of additional consumables required to support newly fielded technologies, and negotiated prices will be implemented via a modification. The Contractor shall notify the CO and COR of any changes to Part Numbers by the OEM or other approved sources.

Smiths Detection 400B ETD

Smiths Detection 500DT ETD

MDI Itemizer DX ETD

Smiths Detection Responder BLS

Implant Sciences Consumables

A.4.2.3 Radioactive Leak Tests in TSALC (CLIN X001E / X002E) CLIN X001E / X002E shall include all program related costs required to perform the requirements in Section C.8.2, Radiation Surveys (RS) and Radioactive Leak Tests (RLT), of Part C.

A.4.3 Firm Fixed Price CLINs A.4.3.1 Sustainment Support Program Management (CLIN X001B / X002B) CLIN X001B / X002B shall include all program management related costs required to perform the requirements in Section C.7, Sustainment Support Program, of Part C, including submission of Contract Data Requirement Lists (CDRLs) as required in Section C.3, Document Submission and Compliance, of Part C. This CLIN shall also include costs for other sustainment support requirements, such as management of the consumables ordering system set forth in Section C.8.6.2, Preventive Maintenance (PM) Consumables, of Part C.

A.4.3.2 TSA Service Response Center (TSRC) Operations (CLIN X001C / X002C) CLIN X001C / X002C shall include all costs to support TSRC operations as defined in Section C.8.12, TSA Service Response Center, of Part C.

A.4.4 Provisional Items CLINs A.4.4.1 Ancillary Logistics Service (CLIN X001GA) The Government intends to establish a provisional CLIN for logistics related ancillary services that may be ordered on an as needed basis via task order. The Contracting Officer (CO) may use FFP and T&M pricing as appropriate for each order. For both FFP and T&M orders, the Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.4.7, Labor Categories for Services, of this Part. The Contractor shall utilize the unit pricing established in Section A.4.2.2, Preventive Maintenance (PM) Consumables Pricing, of this Part, to the maximum extent practical, as appropriate. For T&M orders, the Contractor will be reimbursed for all allowable, allocable and reasonable costs for Materials and Travel in accordance with Federal Acquisition Regulation (“FAR”) 31.2, Contracts with Commercial Organizations, and Section B.3.4.10, Travel and Per Diem (JUL 2015), of Part B. No profit or fee will be paid on costs for Materials and Travel.

A.4.4.2 Catastrophic Response and Additional Support (CLIN X001GB) The Government intends to establish a provisional CLIN in the event TSA requires the Contractor to respond to events outside the scope of CLIN X001A/ X002A, Sustainment of TSE. The scope of this CLIN is limited to catastrophic events and acts of nature. The purpose of this CLIN is to allow the Government to quickly respond to emergency situations and events where requirements could not be reasonably planned for but services are required immediately. The CO will determine whether the nature of the occurrence does or does not provide the opportunity to estimate accurately the extent or duration of the work. Based on the time available to reasonably anticipate costs, the CO may authorize the Contractor to perform services on an FFP or T&M basis.

To ensure the rapid response required in these situations, the Contractor shall provide a Rough Order of Magnitude (ROM) estimate within 24 hours of being notified of the requirement by the Contracting Officer. The Government may authorize work to begin while the ROM is being generated or as prices are being negotiated.

The Contractor shall provide labor in accordance with the fully burdened Fixed Labor Rates established in Section A.4.7, Labor Categories for Services, of this Part, and utilize the unit pricing established in Section A.4.2.2, Preventive Maintenance (PM) Consumables Pricing, of this Part, to the maximum extent practical. The Contractor will be reimbursed for all allowable, allocable and reasonable costs for Materials and Travel in accordance with FAR 31.2, Contracts with Commercial Organizations, and Section B.3.4.10, Travel and Per Diem (JUL 2015), of Part B. No profit or fee will be paid on costs for Materials and Travel.

A.4.4.3 Supplemental Support (CLIN X001GC) There may be infrequent, unpredictable events that require additional support but are not officially deemed as NSSE. The Contractor shall ensure that sufficient surge capacity to provide labor and material in support of these events is available. Although it is incumbent upon the Contractor to meet the Service Level Agreements at affected airports in accordance with the base contract at all times, in these instances additional support may be procured on a Time and Materials or Firm Fixed Price basis by the TSA via task order. The hourly rate proposed by the Contractor in these cases shall be fully burdened and include travel costs in accordance with FAR 31.2, Contracts with Commercial Organizations and Section B.3.4.10, Travel and Per Diem (JUL 2015), of part B.

A.4.5 Emerging IT Requirements The Government intends to establish provisional CLIN X003 in the event TSA requires the Contractor to respond to emergent IT requirements. The purpose of this CLIN is to allow the Government to quickly respond to unforeseen IT compliance requirements not addressed in Section B.3.5.16, Security of Systems Handling Personally Identifiable Information and Privacy Incident Response (JUL 2015) and Section B.3.5.4, Requirements and Duties for Handling Sensitive Security Information (SSI) (JUL 2015), of Part B, and Section C.2, Applicable Documents, of Part C. The CO will determine if a requirement qualifies under this CLIN. The CO will determine whether the requirement does or does not provide the opportunity to estimate accurately the extent or duration of the work. Based on the time available to reasonably anticipate costs, the CO may authorize the Contractor to perform services on an FFP or T&M basis.

A.4.6 DHS Sustainment Support The Government intends to establish provisional CLIN X004 in the event DHS Components require sustainment support services. If determined to be in the best interest of the Government, equipment sustainment services for DHS Components may be procured throughout the life of this contract. All orders under this CLIN will be approved by the CO and issued via task order. Any additional DHS Component requirements will be negotiated at the time when requirements are known.

A.4.7 Labor Categories for Services The Contractor shall, when so ordered by the Government, provide the necessary management, labor, facilities, materials and supplies to perform the tasks for CLINs X001GA and X001GB in individual Delivery/Tasks Orders. Each Delivery/Task Order will be issued pursuant to and within the scope of Section C, Performance Work Statement. As needed by the Government, the Contractor shall provide these CLINs on an FFP or T&M basis, both only utilizing the labor categories and fully burdened labor rates established below in the contract.

The following labor rates are fully burdened with Overhead, General and Administrative Costs, Profit/Fee and any appropriate Escalation charges. These rates shall apply for all the ordering periods as shown below.

Maintenance & Support Technician

*Offerors shall include additional lines as needed to address all proposed technician levels and rates

Maintenance & Support Manager

Project Manager

Program Manager

Information System Security Officer

*Offerors shall include additional lines as needed to address all proposed labor category levels and rates

The Government reserves the right to add additional labor categories as necessary and to issue orders under CLINs X001GA and X001GB. The final CLIN type will be specified in each individual order (See Section B.3.4.9, Ordering – Provisioned, of Part B for ordering procedures).

[Labor Rates for the contract shall be inserted at the time of award] A.4.8 Disincentives and Incentives The Reliability, Maintainability, and Availability (RMA) performance of TSE is critical to TSA. Therefore, performance disincentives and incentives will be imposed to ensure that the Contractor meets the Service Level Agreement (SLA) set forth in Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, of Part C. TSA will calculate RMA data as applicable in accordance with Attachment 3, Reliability, Maintainability, and Availability Terms and Definitions and Attachment 7, Service Level Agreement Performance Metrics. Attachment 3 provides common metrics across all maintenance contracts. Attachment 7 provides specific direction for this contract, and if the attachments appear to conflict, Attachment 7 takes precedence. Any disincentives and/or incentives will be applied to invoices in accordance with Section B.3.4.7, Development of Invoices, of Part B.

A.4.8.1 Disincentives

SECTION 2

SECTION 3

SECTION 4

SECTION 5

A.4.5 A.4.5 A.4.5 A.4.5 A.4.5 A.4.5 A.4.5 A.4.5 A.4.8.1

(a) Operational Availability (AO) For any ‘airport – equipment type’ (e.g. an airport’s ETDs, WTMDs, X-rays, etc.) for which the Ao is not performed within the requirements of Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, of Part C, all TSE in the ‘airport-equipment type’ shall be decremented by 10% for the applicable month.

(b) Preventive Maintenance Disincentive For each TSE for which the Preventive Maintenance is not performed within the requirements of Section C.8.1, Preventive Maintenance (PM) of Part C, CLIN X001A / X002A shall decrement each unit by 10% beginning in the month missed and monthly thereafter until the unit is in compliance, in accordance with Section B.3.4.7.1, Disincentives, of Part B.

A.4.8.2 Incentives Incentives may be earned for meeting the requirements of Section C.8.10, CLS Service Level Agreement (SLA) Performance Requirements, of Part C. Incentives may not be earned during the transition period of this Contract. Incentives shall be invoiced in accordance with Section B.3.4.7, Development of Invoices, of Part B.

(a) Parts Availability (PAT) Incentive The Contractor will earn an incentive in any month where PAT meets or exceeds the performance levels set forth in Section C.8.10.2, Parts Availability Time (PAT) Supporting Performance Metric, of Part C. The PAT Annual Incentive Pool (AIP) is $1.98M; maximum monthly payments for subcategories are established in Section B.3.4.7.2, Incentives, of Part B.

(b) Technician Response Time (TRT) Incentive The Contractor will earn an incentive in any month where technician response time meets or exceeds the performance levels set forth in Section C.8.10.3, Technician Response Time (TRT) Supporting Performance Metric, of Part C. The TRT AIP is $1.98M; maximum monthly payments for subcategories are established in Section B.3.4.7.2, Incentives, of Part B.

A.5 Period of Performance The award date of this Indefinite Delivery Indefinite Quantity (IDIQ) contract is the date it is signed and executed by both parties. However, the period of performance of this contract is from October 1, 2017 through September 30, 2022. Task Orders may be issued at any time during the five (5) year ordering period at the fixed unit prices established for the corresponding contract year.

A.6 Place of Performance The Place of Performance is the locations of deployed security screening equipment identified in Attachment 2 of Part D.

(End of Part A, Section 1)

PART B – CONTRACT CLAUSES

(CONTINUATION OF SF 1449, BLOCK 27)

SECTION 1 – FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

B.1.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far/

Requirement To Inform Employees of Whistleblower Rights Apr 2014

Alternate 1) Jan 2017

Other Than Certified Cost or Pricing Data—Modifications.

Oct 2010

Item Mar 1989

Contracts Aug 2012

B.1.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

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

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

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

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

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

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

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

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

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

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

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

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

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

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

_x_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_x_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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