II_1. 2032H323R00030_RFP 8.2.23.pdf
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- Solicitation number
- 2032H323R00030
About this file
This is a request for proposal for global maritime information subscription services. The Department of the Treasury seeks to award a firm fixed price contract from September 2023 through September 2028 for online access to international ship tracking and port of call registries. Offerors must submit proposals by August 21, 2023 addressing requirements to provide maritime database access and customer support. The contract will have one base year and four option years and is set aside as unrestricted with NAICS code 519290.
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Other files
| File | Type | Posted |
|---|---|---|
| Additional Questions and Govnt Response (Amendment 2).docx | DOCX document | |
| II_1. 2032H323R00030_RFP 8.18.23_Amendment 1.pdf | ||
| Questions and Govnt Response.docx | DOCX document | |
| II_02. Attachment 2 Price Submission Worksheet.xlsx | XLSX spreadsheet | |
| II_02. Attachment 1 Past Performance Reference Form.docx | DOCX document |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
1-IRS NON-IT (OTPS)
Lanham MD 20706
OS:OCPO:BSA:HQ:TO:P, Stop C7-430 DCOS/Procurement Internal Revenue Service U.S. Department of the Treasury
ARC/ASD/TDP CODE 16. ADMINISTERED BYCODE
X
X
519290
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR1-IRS NON-IT (OTPS)
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/21/2023 1700 ET
08/02/2023
AARON HILL
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
2032H323R00030
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 83 23PR-TDP-0581OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
5000 Ellin Road
TELEPHONE NO.
17a. CONTRACTOR/
PARKERSBURG WV 26106-1328
ARCACCOUNTSPAYABLE@BPD.TREAS.GOV
PO BOX 1328
ARC/ASD/APB, AVERY 3F
ARC/ASD/TDP
15. DELIVER TO
Lanham MD 20706 5000 Ellin Road OS:OCPO:BSA:HQ:TO:P, Stop C7-430 DCOS/Procurement Internal Revenue Service
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,000
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
U.S. Department of the Treasury
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The purpose for this Request for Proposal is to award a Definitive Contract for Global Maritime Information Subscription Services for the Office of Foreign Assets Control.
Period of Performance: 9/29/2023 - 9/28/2027. One
(1) 12-month base period, plus four (4) 12-month option periods.
Period of Performance: 07/29/2023 to 07/28/2024
0001 Base Period: September 29, 2023 through September Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
ANGELA C. GALLO
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
28, 2024
Global Maritime Shipping Tracking and Transport
Tracking data subscription service:
Five (5) user accounts for OFAC
One (1) user accounts for OIA
Period of Performance: 09/29/2023 to 09/28/2024
0002 Option Period 1: September 29, 2024 through
September 28, 2025
Global Maritime Shipping Tracking and Transport
Tracking data subscription service:
Five (5) user accounts for OFAC
One (1) user accounts for OIA
(Option Line Item)
09/29/2024
Period of Performance: 09/29/2024 to 09/28/2025
0003 Option Period 2: September 29, 2025 through
September 28, 2026
Global Maritime Shipping Tracking and Transport
Tracking data subscription service:
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
83 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 83
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
2032H323R00030
Five (5) user accounts for OFAC
One (1) user accounts for OIA
(Option Line Item)
09/29/2025
Period of Performance: 09/29/2025 to 09/28/2026
0004 Option Period 3: September 29, 2026 through
September 28, 2027
Global Maritime Shipping Tracking and Transport
Tracking data subscription service:
Five (5) user accounts for OFAC
One (1) user accounts for OIA
(Option Line Item)
09/29/2026
Period of Performance: 09/29/2026 to 09/28/2027
0005 Option Period 4: September 29, 2027 through
September 28, 2028
Global Maritime Shipping Tracking and Transport
Tracking data subscription service:
Five (5) user accounts for OFAC
One (1) user accounts for OIA
(Option Line Item)
09/29/2027
Period of Performance: 09/29/2027 to 09/28/2028
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
RFP Number 2032H323R00030
TABLE OF CONTENTS
2032H323R00030, Online Global Maritime Database Subscription Service Requirement
SECTION I: STATEMENT OF WORK (SOW)
SECTION II: CONTRACT ADMINISTRATION TERMS AND CONDITIONS
1. AUTHORITY
DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)
2. TYPE OF CONTRACT
3. INVOICE SUBMITTAL REQUIREMENTS
DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)
4. CONTRACT CLAUSES
FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)
FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jun 2023)
FAR 52.217-8 Option to Extend Service (Nov 1999)
FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
DTAR 1052.210-70 Contractor Publicity (Apr 2015)
DTAR 1052.212-4 Contract Terms and Conditions-Commercial Items (Alternate II) (Deviation 2016- 00001) (Apr 2018)
DTAR 1052.222-70 Minority and Women Inclusion (Jan 2016)
DTAR 1052.224-70 Contract Publication (Oct 2018)
DTAR 1052.232-39 Unenforceability of Unauthorized Obligations. (Jan 2016)
DTAR 1052.232-70 Commercial Supplier Agreements-Unenforceable Clauses. (Jan 2016)
IR 1052.239-9000 Section 508 Information, Documentation and Support (Dec 2019)
IR1052.239-9001 Section 508 Conformance (Nov 2020)
IR1052.239.9002 Section 508 Services (JUN 2022)
IR 1052.242-9000 Post Award Evaluation of Contractor Performance (Jun 2020)
SECTION III: SOLICITATION PROVISIONS AND REPRESENTATIONS AND INSTRUCTIONS
TO OFFERORS
1. REPRESENTATIONS AND CERTIFICATIONS
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)
FAR 52.216-1 – Type of Contract (Apr 1984)
FAR 52.233-2 Service of Protest (Sep 2006)
DTAR 1052.209-70 Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)
IR 1052.215-9002 Expense Related to Proposal Submissions (May 2018)
2. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS
2.1. Communications
2.2 RFP Response Package
2.3 Proposal Submission Details
2.4 Page Limits Matrix Table Summary
3. EVALUATION FACTORS FOR AWARD
3.1. Basis for Award
3.2. Number of Contracts to be Awarded
4. EVALUATION FACTORS – RATINGS AND DEFINITIONS
4.1 Proposal Submission
1. AWARD DECISION
ATTACHMENT 1
2032H323R00030, Online Global Maritime Database Subscription Service Requirement
Combined Synopsis/Solicitation Notice Description
a. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
proposals are being requested and a written solicitation will not be issued.
b. Solicitation 2032H323R00030 is hereby issued as a Request for Proposal (RFP) for a single award Definitive Contract consistent with Federal Acquisition Regulations (FAR) part 12, and 13 as appropriate, and incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-04.
c. Set-Aside and NAICS Code:
This acquisition is Unrestricted and open to all sources. The associated NAICS code is 519290 – Web Search Portals and All Other Information Services.
d. Description of Requirement and items:
The Department of the Treasury, Internal Revenue Service (IRS), Office of Business Solutions Acquisitions (OBSA), Treasury Operations Branch (TOB) intends to issue a Firm Fixed Price (FFP) contract to obtain Online Global Maritime Database Subscription Services in accordance with the attached Statement of Work (SOW) dated 24, July 2023.
The following Contract Line Items are associated with this requirement:
e. Period of Performance:
The period of performance for this acquisition is as follows:
BASE PERIOD – (Sep. 29, 2023 – Sep. 28, 2024) OPTION PERIOD 1 – (Sep. 29, 2024 – Sep. 28, 2025) OPTION PERIOD 2 – (Sep. 29, 2025 – Sep. 28, 2026) OPTION PERIOD 3 – (Sep. 29, 2026 – Sep. 28, 2027) OPTION PERIOD 4 – (Sep. 29, 2027 – Sep. 28, 2028)
CLIN DESCRIPTION OF SERVICES PRICE
0001 Global Maritime License Subscription Services 1001 Global Maritime License Subscription Services 2001 Global Maritime License Subscription Services 3001 Global Maritime License Subscription Services 4001 Global Maritime License Subscription Services
f. Delivery and Acceptance:
Delivery of all reports and services will be made to:
U.S. Department of the Treasury Office of Foreign Assets Control (OFAC)
ATTN: TBD
1500 Pennsylvania Avenue, NW Washington, DC 20220
g. FOB Point:
The FOB POINT is Destination
h. FAR Provisions and Clauses:
The following FAR Provisions and Clauses are applicable to this notice:
1. FAR Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial
Services, applies to this acquisition and addenda to the provision is located in Section III.
2. FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this acquisition, and the specific evaluation criteria is located in Section III.
3. Offerors shall include a completed copy of the provision at 52.212-3, Offeror
Representations and Certifications-Commercial Products and Commercial Services as well as all other applicable provisions within this solicitation, with its offer.
4. Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and
Commercial Services, applies to this acquisition as well as DTAR Deviation 1052.212-4 -
CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE
II) (DEVIATION 2016-00001) (APR 2018).
5. FAR Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.
6. The Defense Priorities and Allocation System is not applicable to this acquisition.
See Section II for additional contract term and conditions determined necessary for this acquisition.
i. Questions / Inquiries:
Questions/Inquiries concerning this Combined Synopsis/Solicitation are due via email to Aaron C. Hill at Aaron.C.Hill@irs.gov and Angela C. Gallo at Angela.C.Gallo@irs.gov by Friday August 11, 2023, at 4:00 PM Eastern.
j. The Defense Priorities and Allocation System is not applicable to this acquisition.
k. Proposal Due Date/Time:
Responses to this Combined Synopsis/Solicitation shall be made electronically to Aaron C.
Hill at Aaron.C.Hill@irs.gov and Angela C. Gallo at Angela.C.Gallo@irs.gov no later than Monday, August 21, 2023, at 4:00 PM Eastern. SEE SECTION III FOR SUBMISSION
INSTRUCTIONS.
mailto:Aaron.C.Hill@irs.gov mailto:Angela.C.Gallo@irs.gov mailto:Aaron.C.Hill@irs.gov
SECTION I: STATEMENT OF WORK (SOW)
ONLINE GLOBAL MARITIME DATABASE SUBSCRIPTION SERVICE
July 24, 2023
1. BACKGROUND INFORMATION
The Department of the Treasury Office of Foreign Assets Control (OFAC) has a determined need for a subscription to a web-based application resource that will enable OFAC to access a worldwide net of global coverage for Shipping Tracking & Transport Tracking and to monitor Port of Calls around the world. The Contractor will need to be a world leader in providing International Ship Tracking and Port of Call registries. The Contractor (located either inside or outside of the United States) should supply global coverage in the majority of countries and regions such as the Middle East, Africa (Central and Southern), North Africa (Maghreb), Eastern Europe, Caribbean Islands, Central Asia, Far East and Southeast Asia, Latin America, and Offshore/International Regions. These services are necessary to assist OFAC with its mission of enforcing economic and trade sanctions based on US foreign policy and national security goals against targeted foreign counties and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy, or economy of the United States.
2. SCOPE
The Contractor will be a leader in global maritime information and will have an established working history in providing information to the maritime world. The Contractor shall provide a web-based application resource for global maritime information and the content will be published online, and in hardback (publications will include the market-leading Information).
3. CONTRACTOR REQUIREMENTS: SPECIFIC TASKS
The Contractor shall provide the service as specified below:
3.1. Required Capabilities
• A maritime database capable of delivering the latest intelligence on the current merchant fleet’s movements, ownership, characteristics and casualties, detentions, and inspections in real-time (if possible).
• Full search capabilities of its database through online searches, task order requirements, verbal or written, from OFAC, Department of Treasury.
• Detailed and up-to-date vessel data (movements, ownership, characteristics and casualties), port information and in-depth company information (credit reports). These reports shall include millions of daily vessel movements corroborated by visual intelligence from thousands of exclusive contacts around the globe.
• A maritime marine/energy credit report database which will contain the maximum number of vessels that can be tracked using the latest technologies. This information on shipping companies and credit reports will be accessible online 24 hours a day.
• Commercial intelligence on the activities, assets and reputations of the companies that make up the marine, transport and energy markets.
• In-depth and discreet investigations into marine companies and people, as well as vessel and asset tracking.
• Intel providing vessel’s complete ownership structure and the “beneficial or ultimate owner” of a fleet.
• A comprehensive database covering the location and facilities of the world’s commercial ports.
• A complete 10-year archive of every incident - serious, non-serious or criminal reported in the designated Vendors data stores.
• Potential level of risk associated with each vessel approaching U.S. waters. Complete history of vessels – erratic behavior, poor management, and frequent changes to a vessel’s profile. (GPS Tracking if possible)
• History on vessels in the past that may have been missed by shore-based personnel with catastrophic results.
• Must be a comprehensive data source and solution. Not a solution or design proposal with which to exploit our data.
• Providers that utilize multiple collection methods to verify ship location and activities in order to uncover evasion methods are optimal including Automatic Identification System (AIS) data collection, other electronic intelligence (elint) collection, visual verification through human or technical methods including imagery.
• Basic information including ship type, dimensions, gross tonnage, engine and speed, International Maritime Organization (IMO) number.
• Comprehensive information on vessel operational history including changes in flag registry, ownership, management, and identifiers including name and Maritime Mobile Service Identities (MMSI), as well as ship status including breaking, dead, or loss dates.
• AIS location information on all vessels for at least 18 months and ability to run date limited searches within that timeframe, plus indicators and analysis of AIS manipulation including both gaps and spoofing.
• Ability for the user to run and save bulk searches e.g. by name or IMO, directly through the dashboard—not through submission to the vendor.
• Downloadable reports in PDF format which can be tailored by the user to generate just the information required e.g. basic vessel information or AIS track data.
• Comprehensive business information on shipping companies, owners, operators including location, executives, linked vessels.
3.2. Customer Support
• The Contractor shall provide client support representatives that are reachable via e-mail or a toll-free number.
• The Contractor shall provide a dedicated Relationship Manager to assist the Department of Treasury/OFAC with technical and general support.
3.3. System Requirements
• The Contractor shall assign access to the application or revise application permissions either by email address or username/password, based on approved user list provided by
OFAC.
• The Contractor shall provide a system that is able to run as a web-enabled application either through a web site or in the Cloud.
4. REPORTING REQUIREMENTS/DELIVERABLES AND DELIVERY SCHEDULE
• The Contractor shall submit a monthly status report to the COR to accurately track system usage. The report can be in either Microsoft Word, Excel, or Adobe PDF format.
The Contractor shall deliver the desired outcomes from Section 3.
5. PLACE OF PERFORMANCE
The Contractor shall perform the work remotely, from the contractor’s location, via a secure, contractor-hosted website with a searchable archive and downloadable Word and PDF versions.
6. PERIOD OF PERFORMANCE
The period of performance for this requirement is as follows:
Base Period: September 29, 2023 through September 28, 2024 Option Period 1: September 29, 2024 through September 28, 2025 Option Period 2: September 29, 2025 through September 28, 2026 Option Period 3: September 29, 2026 through September 28, 2027 Option Period 4: September 29, 2027 through September 28, 2028
7. INSPECTION AND ACCEPTANCE
The Office of Foreign Asset Control (OFAC) will determine if the work products are acceptable and forward this information via email to the Contracting Officer’s Representative (COR) and the Contract Specialist. The standards set in the QASP will be the objective measurements used to determine if the service deliverables are accepted or rejected. The Contractor may be required to revise the service deliverables to meet the QASP standards as set.
8. SECTION 508 COMPLIANCE
This service must meet industry standards to comply with 508 of the Rehabilitation Act of 1973.
9. GOVERNMENT-FURNISHED EQUIPMENT AND GOVERNMENT-FURNISHED
INFORMATION
N/A
10. WORK HOURS
Online service is available 24 hours a day/7 days a week.
10.1. Recognized Holidays
The Contractor is not required to perform services on the following holidays; however, the Government reserves the right to require performance on any day of the year at no additional cost if the circumstances require:
Eleven Federal holidays are set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:
New Year's Day January 1
Juneteenth June 19
Independence Day July 4
Veterans Day November 11
Christmas Day December 25
The following six Federal holidays are set by a day of the week and month:
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Labor Day First Monday in September
Columbus Day Second Monday in October
Thanksgiving Fourth Thursday in November
The Contractor shall also follow any other holiday as declared by the President.
10.2. Unauthorized Work
The Contractor is not authorized at any time to commence performance prior to issuance of a signed contract or other written approval provided by the CO to begin work.
11. SECURITY
Information is unclassified and does not require DD Form 250.
WHEN COMPLETED, THIS DOCUMENT IS SOURCE SELECTION SENSITIVE IAW FAR 3.104
SECTION II: CONTRACT ADMINISTRATION TERMS AND CONDITIONS
ONLINE GLOBAL MARITIME DATABASE SUBSCRIPTION SERVICE
1. AUTHORITY
a. Contracting Officer
The Contracting Officer for this action is:
Angela C. Gallo 5000 Ellin Road, Stop C7-430 Lanham, MD 20706 Telephone: 240-613-0038 E-Mail: Angela.C.Gallo@irs.gov
The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
b. Contracting Officer’s Representative (COR)
DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)
(i) The COR is:
TBD
U.S. Department of the Treasury, D.O.
Office of Foreign Assets Control (OFAC) 1500 Pennsylvania Ave. NW Washington, DC 20220 Telephone: TBD E-Mail: TBD
(ii) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(iii) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(iv) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(v) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of
(c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(vi) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
(End of clause)
The COR’s assignment for this contract may be changed at any time by the Government without prior notice to the Contractor. The Contractor will be notified of the change.
c. Contractor Project Manager
The Contractor’s designated Project Manager for this contract is:
Name: ________________________________________________ Address: ________________________________________________ Phone: ________________________________________________ E-mail: ________________________________________________
The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within four hours after notification of the existence of a problem.
2. TYPE OF CONTRACT
The Government anticipates award of a firm fixed price (FFP) contract resulting from this solicitation.
3. INVOICE SUBMITTAL REQUIREMENTS
a. Invoices shall be submitted electronically to https://www.ipp.gov.
b. An electronic copy shall also simultaneously be submitted to the COR and the Contracting Officer.
c. Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.
d. Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.
DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
https://www.ipp.gov/
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of clause)
Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)
Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. The preferred method for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing through IPP will be mandatory for all new contract awards. Additional information regarding IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480- 8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131.
Electronic Invoicing and Payment Requirements
Vendor invoices submitted electronically through IPP should be in the proper format and contain the required information for payment processing. A “proper invoice” must meet the minimum standards specified in FAR 32.905(b) in order to be approved for payment.
Under this contract, the following documents are required to be submitted as an attachment to the invoice:
Payment and Invoice Questions
For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via e-mail at AccountsPayable@bpd.treas.gov.
Waivers
If the Contractor is unable to utilize IPP for submitting payment requests starting on October 1, 2012 then a waiver form must be completed in advance and submitted via mail or e-mail for review and approval by the Contracting Officer (see Attachment 1). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats for submitting waivers electronically. The vendor will be notified in a reasonable number of days as to whether their waiver has been approved or rejected. If the waiver is granted, then a copy of the waiver must be submitted with each invoice that the vendor submits to the payment office.
(End of Clause) https://www.ipp.gov/
4. CONTRACT CLAUSES
FAR 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):
http://farsite.hill.af.mil/farsite.html
The following clauses are incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
Number Title Date
52.203-3 GRATUITIES APR 1984
52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER
RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
JUN 2020
52.203-19 PROHIBITION ON REQUIRING CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS
JAN 2017
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY
CODE MAINTENANCE
AUG 2020
52.204-19 INCORPORATION BY REFERENCE OF
REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
52.209-10 PROHIBITION ON CONTRACTING WITH
INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
DEC 2022
http://farsite.hill.af.mil/farsite.html
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT
AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007
52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013
52.232-23 ASSIGNMENT OF CLAIMS MAY 2014
52.232-39 CLAUSE FOR UNENFORCEABILITY OF
UNAUTHORIZED OBLIGATIONS
JUN 2013
52.232-40 PROVIDING ACCELERATED PAYMENTS TO
SMALL BUSINESS SUBCONTRACTORS
DEC 2013
52.243-1 CHANGES—FIXED PRICE WITH ALTERNATE I AUG 1987
The following clauses are incorporated by full text:
FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jun 2023)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 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 products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509)).
__ (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 (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.
657a).
X (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (14) [Reserved]
__ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
X (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
(18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
X (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)(15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (25) 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 (Oct 2022) (15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (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) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38) (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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41) (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.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
__ (44) (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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 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. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
X (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
X (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 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).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 the applicable threshold specified in FAR
19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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. Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
FAR 52.217-8 Option to Extend Service (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 10 days of contract expiration.
FAR 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 7 days; provided that the Government gives the Contractor a preliminary written…
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