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Notice of Intent
General Information:
| Solicitation | Number: | HTC711‐15‐Q‐D047 | | | | | | |
| Classification | Code: | 70 | – | General | Purpose | Information | Technology | Equipment |
| Set | Aside: | N/A | | | | | | |
| NAICS | Code: | 511210 | – | Software | Publishers | | | |
Contracting Office Address:
| United | States | Transportation | Command, | Directorate | of | Acquisition, | DPO | Support | | | |
| Division | (TCAQ‐DPO), | 508 | Scott | Drive, | Building | 1900W, | Scott | AFB | IL | 62225‐5357, | USA |
Description:
| This | is | Notice | of | Intent | # | HTC711‐15‐Q‐D047. | | The | Government | intends | to | solicit | and | | |
| negotiate | on | a | sole | source | basis | with | Rocket | Software, | LLC, | for | a | software | license | | |
| renewal | for | the | Unidata | software | maintenance | under | the | authority | of | FAR | 6.302‐1. | | This | | |
| will | be | in | accordance | with | the | format | in | FAR | Subpart | 12.6, | in | conjunction | with | FAR | |
| Subpart | 13.5, | as | applicable, | and | as | supplemented | with | additional | information | included | | | | | |
| in | this | notice. | | Quotes | are | not | being | requested | and | a | written | solicitation | will | not | be |
| issued. | | This | acquisition | will | be | processed | under | Simplified | Acquisition | Procedures | | | | | |
| (SAP). | | The | North | American | Industry | Classification | System | (NAICS) | code | for | this | | | | |
| procurement | is | 511210 | and | the | small | business | size | is | $35.5M. | | | | | | |
| Rocket | Software, | LLC, | is | the | only | known | supplier | of | Unidata | software | maintenance | as | | | | | | |
| required | by | the | Surface | Cargo | Systems | Branch | of | HQ | Surface | Deployment | and | | | | | | | |
| Distribution | Command | (SDDC), | Global | Freight | Systems | (GFM). | | The | Unidata | software | is | | | | | | | |
| a | proprietary | product | of | Rocket | Software. | | There | are | no | similar | products | available | | | | | | |
| through | other | companies | that | will | satisfy | the | Government’s | requirement. | This | | | | | | | | | |
| acquisition | is | for | technical | support | for | Unidata. | | Unidata | has | been | a | critical | COTS | | | | | |
| component | of | GFM | since | its | start | in | the | late | 1980s. | | At | the | core | of | GFM | are | the | Unidata |
| database | engine | and | about | 400,000 | lines | of | UniBasic | Software | Lines | of | Code | (SLOC). | | | | | | |
| While | GFM | can | operate | in | an | extremely | limited | fashion | without | the | presence | of | Unidata | | | | | |
| and | UniBasic, | it | would | not | be | able | to | operate | its | core | functionality. | | Based | on | the | market | | |
| research, | no | company | other | than | Rocket | Software | can | provide | the | necessary | software | | | | | | | |
| products | for | the | requirement. | | FOB | Point | is | Destination, | Scott | AFB, | IL. | | Delivery | location | | | | |
| is | HQ | SDDC, | 508 | Scott | Drive, | BLDG. | 1900W, | Scott | AFB, | IL | 62225. | | | | | | | |
| This | notice | of | intent | is | not | a | request | for | competitive | proposals. | Information | received | | | | | |
| will | normally | be | considered | solely | for | the | purpose | of | determining | whether | to | conduct | | | | | |
| any | future | competitive | procurement. | | Offers | may | be | e‐mailed | to | the | POCs | listed | below. | | | | |
| Offers | must | not | be | submitted | later | than | 12PM | CT | on | 19 | May | 2015. | | Copies | of | the | above |
| referenced | clauses | are | available | from | http://farsite.hill.af.mil/vffara.htm. | | | | | | | | | | | | |
Points of Contact:
| Deborah | Crisp, | Contract | Specialist |
| Phone: | 618.220.6731 | | |
Email: deborah.k.crisp.civ@mail.mil
| Rebecca | Connor, | Contract | Specialist |
| Phone: | 618.220.6730 | | |
| Email: | rebecca.m.connor2.civ@mail.mil | | |
| Andrea | C. | Mouser, | Contracting | Officer |
| Phone: | 618.220.7099 | | | |
| Email: | andrea.c.mouser.civ@mail.mil | | | |
Place of Performance:
| Address: | HQ | SDDC, | 508 | Scott | Drive, | BLDG. | 1900W, | Scott | AFB, | IL | 62225 |
| Country: | USA | | | | | | | | | | |
Provisions: the following provisions are incorporated.
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 | offer | or, | and | who | are | expected | to | undertake | activities | on | | |
| behalf | of | the | offer | or | 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)
Clauses: The following clauses will be added in the order at time of award.
Incorporated By Reference:
52.204‐10 – Reporting Executive Compensation and First‐Tier Subcontract Awards (Jul
2013)
| 52.204‐13—System | for | Award | Management | Maintenance | (Jul | 2013) | | | |
| 52.209‐6 | – | Protecting | the | Government’s | Interest | When | Subcontracting | with | Contractors |
| Debarred, | Suspended | or | Proposed | For | Debarment | (Aug | 2013) | | | | |
| 52.212‐4 | – | Contract | Terms | and | Conditions | – | Commercial | Items | (Dec | 2014) |
| 52.213‐2—Invoices | (Apr | 1984) | | | | | | | | |
| 52.222‐50 | ‐ | Combating | Trafficking | In | Persons | (Mar | 2015) | | | |
| 52.222‐50 | – | Alternate | I, | Combating | Trafficking | in | Persons | (Mar | 2015) | |
52.223‐18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
| 52.225‐13 | – | Restrictions | on | Certain | Foreign | Purchases | (Jun | 2008) |
| 52.232‐18 | ‐‐ | Availability | of | Funds. | (Apr | 1984) | | |
| 52.232‐23 | – | Assignment | of | Claims | (May | 2014) | | |
52.232‐33‐‐Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)
| 52.232‐39 | – | Unenforceability | of | Unauthorized | Obligations | (Jun | 2013) | | | |
| 52.232‐40 | – | Providing | Accelerated | Payments | to | Small | Business | Contractors | (Dec | 2013) |
| 52.233‐1 | – | Disputes | (May | 2014) | | | | | | |
| 52.233‐3 | – | Protest | After | Award | (Aug | 1996) | | | | |
| 52.233‐4 | – | Applicable | Law | for | Breach | of | Contract | Claim | (Oct | 2004) |
| 252.203‐7000 | | Requirements | Relating | to | Compensation | of | Former | DoD | Officials. | (Sep |
2011)
| 252.203‐7002 | – | Requirement | to | Inform | Employees | of | Whistleblower | Rights | (Sep | 2013) |
| 252.204‐7003 | – | Control | of | Government | Personnel | Work | Product | (Apr | 1992) | |
| 252.204‐7004‐‐Alternate | A, | System | for | Award | Management | (Feb | 2014) | | | |
| 252.204‐7015 | – | Disclosure | of | Information | to | Litigation | Support | Contractors | (Feb | 2014) |
| 252.209‐7998 | – | Representation | Regarding | Conviction | of | a | Felony | Criminal | (May | 2014) |
| 252.209‐7999 | – | Representation | by | Corporations | Regarding | an | Unpaid | Delinquent | Tax | |
| Liability | or | a | Felony | Conviction | Under | Any | Federal | Law | (May | 2014) |
| 252.225‐7048 | – | Export‐Controlled | Items | (Jun | 2013) | | | | |
| 252.232‐7003‐‐ | Electronic | Submission | of | Payment | Requests | and | Receiving | Reports | (Dec |
2012) 252.232‐7010 – Levies on Contract Payments (Dec 2006)
Incorporated By Full Text:
| 52.212‐5 | ‐‐ | Contract | Terms | and | Conditions | Required | to | Implement | Statutes | or |
| Executive | Orders‐‐ | Commercial | Items | (Jan | 2014) | | | | | | |
(a) The Contractor shall comply with the following Federal Acquisition Regulation
| (FAR) | clauses, | which | are | incorporated | in | this | contract | by | reference, | to | implement |
| provisions | of | law | or | Executive | orders | applicable | to | acquisitions | of | commercial | |
items:
| (1) | 52.222‐50, | Combating | Trafficking | in | Persons | (FEB | 2009) | (22 | U.S.C. | 7104(g)). | | | |
| ____ | Alternate | I | (AUG | 2007) | of | 52.222‐50 | (22 | U.S.C. | 7104(g)). | | | | |
| (2) | 52.233‐3, | Protest | After | Award | (AUG | 1996) | (31 | U.S.C. | 3553). | | | | |
| (3) | 52.233‐4, | Applicable | Law | for | Breach | of | Contract | Claim | (OCT | 2004) | (Pub. | L. | 108‐77, |
108‐78).
(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. | 253g | and | 10 | U.S.C. | 2402). | |
| ___ | (2) | 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)). | | | | | | |
| ___ | (3) | 52.203‐15, | Whistleblower | Protections | under | the | American | Recovery | and | | | |
| Reinvestment | Act | of | 2009 | (Jun | 2010) | (Section | 1553 | of | Pub | L. | 111‐5) | (Applies | to |
| contracts | funded | by | the | American | Recovery | and | Reinvestment | Act | of | 2009). | | | |
| _X_ | (4) | 52.204‐10, | Reporting | Executive | compensation | and | First‐Tier | Subcontract |
| Awards | (Jul | 2013) | (Pub. | L. | 109‐282) | (31 | U.S.C. | 6101 | note). |
| ___ | (5) | 52.204‐11, | American | Recovery | and | Reinvestment | Act—Reporting | Requirements |
| (Jul | 2010) | (Pub. | L. | 111‐5). | | | | | |
| ___ | (6) | 52.204‐14, | Service | Contract | Reporting | Requirements | (Jan | 2014) | (Pub. | L. | 111‐ |
| 117, | section | 743 | of | Div. | C). | | | | | | | |
| ___ | (7) | 52.204‐15, | Service | Contract | Reporting | Requirements | for | Indefinite‐Delivery | |
| Contracts | (Jan | 2014) | (Pub. | L. | 111‐117, | section | 743 | of | Div. | C). |
| _X_ | (8) | 52.209‐6, | Protecting | the | Government’s | Interest | When | Subcontracting | with |
| Contractors | Debarred, | Suspended, | or | Proposed | for | Debarment | (Aug | 2013) | (31 | U.S.C. |
| 6101 | note). | | | | | | | | | |
| ___ | (9) | 52.209‐9, | Updates | of | Publicly | Available | Information | Regarding | Responsibility |
| Matters | (Jul | 2013) | (41 | U.S.C. | 2313). | | | | | |
| ___ | (10) | 52.209‐10, | Prohibition | on | Contracting | with | Inverted | Domestic | Corporations | | | | | | | |
| (May | 2012) | (section | 738 | of | Division | C | of | Public | Law | 112‐74, | section | 740 | of | Division | | | |
| C | of | Pub. | L. | 111‐117, | section | 743 | of | Division | D | of | Pub. | L. | 111‐8, | and | section | 745 | of |
| Division | D | of | Pub. | L. | 110‐161). | | | | | | | | | | | | |
| ___ | (11) | 52.219‐3, | Notice | of | HUBZone | Set‐Aside | or | Sole‐Source | Award | (Nov | 2011) | (15 |
| U.S.C. | 657a). | | | | | | | | | | | | |
| ___ | (12) | 52.219‐4, | Notice | of | Price | Evaluation | Preference | for | HUBZone | Small | Business | | |
| Concerns | (Jan | 2011) | (if | the | offeror | elects | to | waive | the | preference, | it | shall | so | indicate |
| in | its | offer)(15 | U.S.C. | 657a). | | | | | | | | | | |
| ___ | (13) | [Reserved] | | | | | | | | | | | | |
| ___ | (14) | (i) | 52.219‐6, | Notice | of | Total | Small | Business | Aside | (Nov | 2011) | (15 | U.S.C. | 644). |
| ___ | (ii) | Alternate | I | (Nov | 2011). | | | | | | | | | |
| ___ | (iii) | Alternate | II | (Nov | 2011). | | | | | | | | | |
| ___ | (15) | (i) | 52.219‐7, | Notice | of | Partial | Small | Business | Set‐Aside | (June | 2003) | (15 | U.S.C. | |
644).
| ___ | (ii) | Alternate | I | (Oct | 1995) | of | 52.219‐7. | | | | | |
| ___ | (iii) | Alternate | II | (Mar | 2004) | of | 52.219‐7. | | | | | |
| ___ | (16) | 52.219‐8, | Utilization | of | Small | Business | Concerns | (Jul | 2013) | (15 | U.S.C. | 637(d)(2) |
| and | (3)). | | | | | | | | | | | | |
| ___ | (17) | (i) | 52.219‐9, | Small | Business | Subcontracting | Plan | (Jul | 2013) | (15 | U.S.C. | 637 |
(d)(4)).
| ___ | (ii) | Alternate | I | (Oct | 2001) | of | 52.219‐9. | | | | | |
| ___ | (iii) | Alternate | II | (Oct | 2001) | of | 52.219‐9. | | | | | |
| ___ | (iv) | Alternate | III | (July | 2010) | of | 52.219‐9. | | | | | |
| ___ | (18) | 52.219‐13, | Notice | of | Set‐Aside | of | Orders | (Nov | 2011) | (15 | U.S.C. | 644(r)). |
| ___ | (19) | 52.219‐14, | Limitations | on | Subcontracting | (Nov | 2011) | (15 | U.S.C. | 637(a)(14)). | | |
| ___ | (20) | 52.219‐16, | Liquidated | Damages—Subcontracting | Plan | (Jan | 1999) | (15 | U.S.C. | | | |
637(d)(4)(F)(i)).
___ (21) (i) 52.219‐23, Notice of Price Evaluation Adjustment for Small Disadvantaged
| Business | Concerns | (Oct | 2008) | (10 | U.S.C. | 2323) | (if | the | offeror | elects | to | waive | the |
| adjustment, | it | shall | so | indicate | in | its | offer). | | | | | | |
| ___ | (ii) | Alternate | I | (June | 2003) | of | 52.219‐23. |
| ___ | (22) | 52.219‐25, | Small | Disadvantaged | Business | Participation | Program— |
| Disadvantaged | Status | and | Reporting | (Jul | 2013) | (Pub. | L. | 103‐355, | section | 7102, | and |
| 10 | U.S.C. | 2323). | | | | | | | | | |
| ___ | (23) | 52.219‐26, | Small | Disadvantaged | Business | Participation | Program—Incentive | | | |
| Subcontracting | (Oct | 2000) | (Pub. | L. | 103‐355, | section | 7102, | and | 10 | U.S.C. | 2323). |
| ___ | (24) | 52.219‐27, | Notice | of | Service‐Disabled | Veteran‐Owned | Small | Business | Set‐Aside |
| (Nov | 2011) | (15 | U.S.C. | 657f). | | | | | | |
| ___ | (25) | 52.219‐28, | Post | Award | Small | Business | Program | Rerepresentation | (Jul | 2013) |
| (15 | U.S.C. | 632(a)(2)). | | | | | | | | | |
| ___ | (26) | 52.219‐29, | Notice | of | Set‐Aside | for | Economically | Disadvantaged | Women‐Owned |
| Small | Business | (EDWOSB) | Concerns | (Jul | 2013) | (15 | U.S.C. | 637(m)). | | |
| ___ | (27) | 52.219‐30, | Notice | of | Set‐Aside | for | Women‐Owned | Small | Business | (WOSB) |
| Concerns | Eligible | Under | the | WOSB | Program | (Jul | 2013) | (15 | U.S.C. | 637(m)). | |
| _X_ | (28) | 52.222‐3, | Convict | Labor | (June | 2003) | (E.O. | 11755). | |
| ___ | (29) | 52.222‐19, | Child | Labor—Cooperation | with | Authorities | and | Remedies | (Jan |
| 2014) | (E.O. | 13126). | | | | | | | | | | |
| _X_ | (30) | 52.222‐21, | Prohibition | of | Segregated | Facilities | (Feb | 1999). | | | |
| _X_ | (31) | 52.222‐26, | Equal | Opportunity | (Mar | 2007) | (E.O. | 11246). | | | |
| _X_ | (32) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Sep | 2010) | (38 | U.S.C. | 4212). |
| _X_ | (33) | 52.222‐36, | Affirmative | Action | for | Workers | with | Disabilities | (Oct | 2010) | (29 |
| U.S.C. | 793). | | | | | | | | | | | |
| _X_ | (34) | 52.222‐37, | Employment | Reports | on | Veterans | (Sep | 2010) | (38 | U.S.C. | 4212). |
| _X_ | (35) | 52.222‐40, | Notification | of | Employee | Rights | Under | the | National | Labor | Relations |
| Act | (Dec | 2010) | (E.O. | 13496). | | | | | | |
| _X_ | (36) | 52.222‐54, | Employment | Eligibility | Verification | (Aug | 2013). | (Executive | Order |
| 12989). | (Not | applicable | to | the | acquisition | of | commercially | available | off‐the‐shelf | | |
| items | or | certain | other | types | of | commercial | items | as | prescribed | in | 22.1803.) |
| ___ | (37) | (i) | 52.223‐9, | Estimate | of | Percentage | of | Recovered | Material | Content | for | EPA‐ |
| Designated | Items | (May | 2008) | (42 | U.S.C. | 6962(c)(3)(A)(ii)). | (Not | applicable | to | the | | | |
| acquisition | of | commercially | available | off‐the‐shelf | items.) | | | | | | | | |
| ___ | (ii) | Alternate | I | (May | 2008) | of | 52.223‐9 | (42 | U.S.C. | 6962(i)(2)(C)). | (Not | applicable | to |
| the | acquisition | of | commercially | available | off‐the‐shelf | items.) | | | | | | | | |
| ___ | (38) | 52.223‐15, | Energy | Efficiency | in | Energy‐Consuming | Products | (Dec | 2007) | (42 |
| U.S.C. | 8259b). | | | | | | | | | | |
| ___ | (39) | (i) | 52.223‐16, | IEEE | 1680 | Standard | for | the | Environmental | Assessment | of |
| Personal | Computer | Products | (Dec | 2007) | (E.O. | 13423). | | | | | | |
| ___ | (ii) | Alternate | I | (Dec | 2007) | of | 52.223‐16. | | | |
| _X_ | (40) | 52.223‐18, | Encouraging | Contractor | Policies | to | Ban | Text | Messaging | while |
| Driving | (Aug | 2011). | | | | | | | | | | |
| ___ | (41) | 52.225‐1, | Buy | American | Act‐‐Supplies | (Feb | 2009) | (41 | U.S.C. | 10a‐10d). | |
| ___ | (42) | (i) | 52.225‐3, | Buy | American | Act‐‐Free | Trade | Agreements‐‐Israeli | Trade | Act | (Nov |
| 2012) | (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, | Pub. | L. | 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 | (Mar | 2012) | of | 52.225‐3. | | | | | | | |
| ___ | (iii) | Alternate | II | (Mar | 2012) | of | 52.225‐3. | | | | | | | |
| ___ | (iv) | Alternate | III | (Nov | 2012) | of | 52.225‐3. | | | | | | | |
| ___ | (43) | 52.225‐5, | Trade | Agreements | (Nov | 2013) | (19 | U.S.C. | 2501, | et | seq., | 19 | U.S.C. | 3301 |
note).
___ (44) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s,
| proclamations, | and | statutes | administered | by | the | Office | of | Foreign | Assets | Control | of |
| the | Department | of | the | Treasury). | | | | | | | |
| ___ | (45) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | |
| United | States | (Jul | 2013) | (Section | 862, | as | amended, | of | the | National | Defense |
| Authorization | Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2303 | Note). | | |
___ (46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C.
5150).
| ___ | (47) | 52.226‐5, | Restrictions | on | Subcontracting | Outside | Disaster | or | Emergency | Area |
| (Nov | 2007) | (42 | U.S.C. | 5150). | | | | | | | |
| ___ | (48) | 52.232‐29, | Terms | for | Financing | of | Purchases | of | Commercial | Items | (Feb | 2002) |
| (41 | U.S.C. | 255(f), | 10 | U.S.C. | 2307(f)). | | | | | | | | |
| ___ | (49) | 52.232‐30, | Installment | Payments | for | Commercial | Items | (Oct | 1995) | (41 | U.S.C. |
| 255(f), | 10 | U.S.C. | 2307(f)). | | | | | | | | | |
| _X_ | (50) | 52.232‐33, | Payment | by | Electronic | Funds | Transfer— | System | for | Award |
| Management | (Jul | 2013) | (31 | U.S.C. | 3332). | | | | | | |
| ___ | (51) | 52.232‐34, | Payment | by | Electronic | Funds | Transfer—Other | Than | System | for |
| Award | Management | (Jul | 2013) | (31 | U.S.C. | 3332). | | | | | |
| ___ | (52) | 52.232‐36, | Payment | by | Third | Party | (Jul | 2013) | (31 | U.S.C. | 3332). |
| ___ | (53) | 52.239‐1, | Privacy | or | Security | Safeguards | (Aug | 1996) | (5 | U.S.C. | 552a). |
| ___ | (54) | (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) | 52.222‐41, | Service | Contract | Act | of | 1965 | (Nov | 2007) | (41 | U.S.C. | 351, | et | seq.). |
| ___ | (2) | 52.222‐42, | Statement | of | Equivalent | Rates | for | Federal | Hires | (May | 1989) | (29 | U.S.C. | |
| 206 | and | 41 | U.S.C. | 351, | et | seq.). | | | | | | | | |
| ___ | (3) | 52.222‐43, | Fair | Labor | Standards | Act | and | Service | Contract | Act | ‐‐ | Price | Adjustment |
(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).
| ___ | (4) | 52.222‐44, | Fair | Labor | Standards | Act | and | Service | Contract | Act | ‐‐ | Price | Adjustment |
| (Sep | 2009) | (29 | U.S.C. | 206 | and | 41 | U.S.C. | 351, | et | seq.). | | | | |
| _X_ | (5) | 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.). | | | | | | | | |
| ___ | (6) | 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.). | | | | |
| ___ | (7) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (Jan | 2013) | (E.O. | 13495). |
| ___ | (8) | 52.226‐6, | Promoting | Excess | Food | Donation | to | Nonprofit | Organizations. | (Mar |
| 2009) | (Pub. | L. | 110‐247). | | | | | | | | | | |
| ___ | (9) | 52.237‐11, | Accepting | and | Dispensing | of | $1 | Coin | (Sep | 2008) | (31 | U.S.C. |
5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the
| provisions | of | this | paragraph | (d) | if | this | contract | was | awarded | using | other | than | |
| sealed | bid, | is | in | excess | of | the | simplified | acquisition | threshold, | and | does | not | contain |
| the | clause | at | 52.215‐2, | Audit | and | Records | ‐‐ | Negotiation. | | | | | |
| (1) | The | Comptroller | General | of | the | United | States, | or | an | authorized | representative | of | the |
| Comptroller | General, | shall | have | access | to | and | right | to | examine | any | of | the | | |
| Contractor’s | directly | pertinent | records | involving | transactions | related | to | this | | | | | | |
contract.
| (2) | The | Contractor | shall | make | available | at | its | offices | at | all | reasonable | times | the | records, |
| materials, | and | other | evidence | for | examination, | audit, | or | reproduction, | until | 3 | years | | | | |
| after | final | payment | under | this | contract | or | for | any | shorter | period | specified | in | FAR | | |
| Subpart | 4.7, | Contractor | Records | Retention, | of | the | other | clauses | of | this | contract. | If | | | |
| this | contract | is | completely | or | partially | terminated, | the | records | relating | to | the | work | | | |
| terminated | shall | be | made | available | for | 3 | years | after | any | resulting | final | termination | | | |
| settlement. | Records | relating | to | appeals | under | the | disputes | clause | or | to | litigation | or | | | |
| the | settlement | of | claims | arising | under | or | relating | to | this | contract | shall | be | made |
| available | until | such | appeals, | litigation, | or | claims | are | finally | resolved. | | | | |
| (3) | As | used | in | this | clause, | records | include | books, | documents, | accounting | procedures | and |
| practices, | and | other | data, | regardless | of | type | and | regardless | of | form. | This | does | not |
| require | the | Contractor | to | create | or | maintain | any | record | that | the | Contractor | does | not |
| maintain | in | the | ordinary | course | of | business | or | pursuant | to | a | provision | of | law. |
| (e) | | | | | | | | | | | | | |
| (1) | Notwithstanding | the | requirements | of | the | clauses | in | paragraphs | (a), | (b), | (c) | and | (d) |
| of | this | clause, | the | Contractor | is | not | required | to | flow | down | any | FAR | clause, | other |
| than | those | in | this | paragraph | (e)(1) | in | a | subcontract | for | commercial | items. | Unless | | |
| otherwise | indicated | below, | the | extent | of | the | flow | down | shall | be | as | required | by | the |
clause—
| (i) | 52.203‐13, | Contractor | Code | of | Business | Ethics | and | Conduct | (Apr | 2010) | (Pub. | L. | 110‐ |
| 252, | Title | VI, | Chapter | 1 | (41 | U.S.C. | 251 | note)). | | | | | | |
| (ii) | 52.219‐8, | Utilization | of | Small | Business | Concerns | (Jul | 2013) | (15 | U.S.C. | 637(d)(2) | and |
| (3)), | in | all | subcontracts | that | offer | further | subcontracting | opportunities. | If | the | | | |
| subcontract | (except | subcontracts | to | small | business | concerns) | exceeds | $650,000 | | | | | |
| ($1.5 | million | for | construction | of | any | public | facility), | the | subcontractor | must | include | | |
| 52.219‐8 | in | lower | tier | subcontracts | that | offer | subcontracting | opportunities. | | | | | |
| (iii) | 52.222‐17, | Nondisplacement | of | Qualified | Workers | (Jan | 2013) | (E.O. | 13495). | Flow |
| down | required | in | accordance | with | paragraph | (1) | of | FAR | clause | 52.222‐17. | |
| (iv) | 52.222‐26, | Equal | Opportunity | (Mar | 2007) | (E.O. | 11246). | | | | |
| (v) | 52.222‐35, | Equal | Opportunity | for | Veterans | (Sep | 2010) | (38 | U.S.C. | 4212). | |
| (vi) | 52.222‐36, | Affirmative | Action | for | Workers | with | Disabilities | (Oct | 2010) | (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 | (Aug | 2013). | | | |
| (xiii) | 52.225‐26, | Contractors | Performing | Private | Security | Functions | Outside | the | United |
| States | (Jul | 2013) | (Section | 862, | as | amended, | of | the | National | Defense | Authorization |
| Act | for | Fiscal | Year | 2008; | 10 | U.S.C. | 2302 | Note). | | | |
| (xiv) | 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. | | | | | | | | | | |
| (xv) | 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)
52.217‐8 ‐‐ Option to Extend Services. (Nov 1999)
The Government may require continued performance of any services within the
| limits | and | at | the | rates | specified | in | the | contract. | These | rates | may | be | adjusted | only | as |
| a | result | of | revisions | to | prevailing | labor | rates | provided | by | the | Secretary | of | Labor. | The | |
| option | provision | may | be | exercised | more | than | once, | but | the | total | extension | of | | | |
| performance | hereunder | shall | not | exceed | 6 | months. | The | Contracting | Officer | may | | | | | |
| exercise | the | option | by | written | notice | to | the | Contractor | within | 15 | days. | | | | |
(End of Clause)
52.217‐9 ‐‐ Option to Extend the Term of the Contract. (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the
| Contractor | within | 30 | days | provided | that | the | Government | gives | the | Contractor | a | | | |
| preliminary | written | notice | of | its | intent | to | extend | at | least | 60 | days | before | the | contract |
| expires. | The | preliminary | notice | does | not | commit | the | Government | to | an | extension. | | | |
| (b) | If | the | Government | exercises | this | option, | the | extended | contract | shall | be | considered | to |
| include | this | option | clause. | | | | | | | | | | | |
| (c) | The | total | duration | of | this | contract, | including | the | exercise | of | any | options | under | this |
| clause, | shall | not | exceed | 36 | months. | | | | | | | | | | |
(End of Clause)
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 | address: | | http://www.farsite.hill.af.mil. | | | | | | | | | | |
(End of clause)