RFQ_M67001-16-Q-0008_Animal_Control.doc

Section SF 1449 - CONTINUATION SHEET

Animal Shelter Services

FFP

Base Year: Service will be for up to 230 animals per year. 1. The contractor shall provide continuous, sanitary water supply to all animals, once per day feeding and clean up duties 3 times per day for dogs and 1 time per day for cats. 2. Fresh litter shall be supplied daily for cats. 3. Veterinary treatment shall be provided to animals that are sick or diseased. 4. Animals shall be maintained in a safe, humane, sanitary environment for at least five days prior to determination of euthanasia. 5. Euthanasia shall be administered by qualified veterinarians or veterinarian technicians. 6. The contractor shall provide a disposal service for euthanized animals that is in compliance with federal, state, and county regulations. 7. No animals will be donated to medical testing facilities or laboratories by the contractor. 8. The contractor will not adopt animals to any individual or business that deals in buying or selling laboratory animals. 9. The animals shall be kept in a well ventilated, climate controlled environment during their stay the facility. 10. Contractor must be within a 60 mile radius of Camp Lejeune, NC. 11. The contractor shall provide a monthly report of animals accepted at the shelter. The report shall separately list (1) number and type of animals turned in by base animal control office; (2) number adopted/redeemed; (3) number euthanized; and (4) a listing of other animals turned in that do not fall into the previous three categories. This report will be used to verify services. 12. The contractor will submit invoices electronically in accordance with Wide Area Workflow (WAWF) procedures.

FOB: Destination

MILSTRIP: MMP10016SUSC002

PURCHASE REQUEST NUMBER: MMP10016SUSC002

NET AMT

FFP

Option Year One (1): Service will be for up to 230 animals per year. 1. The contractor shall provide continuous, sanitary water supply to all animals, once per day feeding and clean up duties 3 times per day for dogs and 1 time per day for cats. 2. Fresh litter shall be supplied daily for cats. 3. Veterinary treatment shall be provided to animals that are sick or diseased. 4. Animals shall be maintained in a safe, humane, sanitary environment for at least five days prior to determination of euthanasia. 5. Euthanasia shall be administered by qualified veterinarians or veterinarian technicians. 6. The contractor shall provide a disposal service for euthanized animals that is in compliance with federal, state, and county regulations. 7. No animals will be donated to medical testing facilities or laboratories by the contractor. 8. The contractor will not adopt animals to any individual or business that deals in buying or selling laboratory animals. 9. The animals shall be kept in a well ventilated, climate controlled environment during their stay the facility. 10. Contractor must be within a 60 mile radius of Camp Lejeune, NC. 11. The contractor shall provide a monthly report of animals accepted at the shelter. The report shall separately list (1) number and type of animals turned in by base animal control office; (2) number adopted/redeemed; (3) number euthanized; and (4) a listing of other animals turned in that do not fall into the previous three categories. This report will be used to verify services. 12. The contractor will submit invoices electronically in accordance with Wide Area Workflow (WAWF) procedures.

FOB: Destination

NET AMT

FFP

Option Year Two (2): Service will be for up to 230 animals per year. 1. The contractor shall provide continuous, sanitary water supply to all animals, once per day feeding and clean up duties 3 times per day for dogs and 1 time per day for cats. 2. Fresh litter shall be supplied daily for cats. 3. Veterinary treatment shall be provided to animals that are sick or diseased. 4. Animals shall be maintained in a safe, humane, sanitary environment for at least five days prior to determination of euthanasia. 5. Euthanasia shall be administered by qualified veterinarians or veterinarian technicians. 6. The contractor shall provide a disposal service for euthanized animals that is in compliance with federal, state, and county regulations. 7. No animals will be donated to medical testing facilities or laboratories by the contractor. 8. The contractor will not adopt animals to any individual or business that deals in buying or selling laboratory animals. 9. The animals shall be kept in a well ventilated, climate controlled environment during their stay the facility. 10. Contractor must be within a 60 mile radius of Camp Lejeune, NC. 11. The contractor shall provide a monthly report of animals accepted at the shelter. The report shall separately list (1) number and type of animals turned in by base animal control office; (2) number adopted/redeemed; (3) number euthanized; and (4) a listing of other animals turned in that do not fall into the previous three categories. This report will be used to verify services. 12. The contractor will submit invoices electronically in accordance with Wide Area Workflow (WAWF) procedures.

NET AMT

GENERAL INTENTIONS

This contract is to provide Animal Shelter Service for SES, Camp Lejeune, NC.

TYPE OF CONTRACT: This is a Firm Fixed-Priced Contract.

PERIOD OF PERFORMANCE: The period of performance for services rendered within this contract is stated below. The option periods may be exercised at the discretion of the government per Federal Acquisition Regulation (FAR) Clause 52.217-9 Option to Extend the term of the contract (MAR 2000).

BASE YEAR: October 01, 2015 – September 30, 2016 $________________ CLIN 0001

OPTION YEAR ONE: October 01, 2016 – September 30, 2017 $________________ CLIN 1001

OPTION YEAR TWO: October 01, 2017 – September 30, 2018 $________________ CLIN 2001

STATEMENT OF OBJECTIVES

The solicitation is Unrestricted. The associated NAICS code is 812910.

The Marine Corps Installations East, Regional Contracting Office, Camp Lejeune, North Carolina is issuing this Request for Quote (RFQ), M67001-16-Q-0008, for the acquisition of Animal Shelter Services in accordance with FAR Part 12 “Acquisition of Commercial Items”. Required items and specifications are listed in Schedule of Items and Statement of Work below.

The Government intends to award a single contract as a result of this solicitation. The Government reserves the right to award without discussions, but reserves the right to engage in discussions if later determined to be in the best interest of the Government. A single firm-fixed price contract will be awarded for this requirement. This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR 13, Simplified Acquisition Procedures. The RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83, effective 02 July 2015 and DFARS Publication Notice (DPN) 20150921.

The proposed acquisition is listed Unrestricted for the associated NAICS code 812910. Offerors must be registered in the System for Award Management (SAM) database. Information on registering in SAM may be obtained by calling (866) 606-8220 or via the internet at http://www.sam.gov. The provision at 52.212-1, Instructions to Offerors - Commercial Items applies to this acquisition.

PERIOD OF PERFORMANCE: The required period of performance is for a base period starting 01 October 2015 through 30 September 2016 and two 12 (twelve) month option periods to be exercised at the discretion of the Government per Federal Acquisition Regulation (FAR) clause 52.217-9 Option to Extend the Term of the Contract.

PRICING: All quotes shall be the Contractor’s Best Pricing.

EVALUATION. Award will be made to the Lowest Price Technically Acceptable quote. The Government intends to make a single Firm Fixed Price Award to satisfy this requirement.

Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint.

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first on price. The lowest priced quote will be evaluated for technical acceptability on an acceptable/unacceptable basis.

TECHNICAL COMPLIANCE: To ensure technical compliance:

a. Sampling information is required for each line item and shall be submitted in the quote.

b. Quoters shall provide literature and description of all quoted analysis process A mere statement that the quoter will meet the Government’s requirement is NOT sufficient. Additionally, simply regurgitating (copy and pasting) the specifications in the solicitation is NOT sufficient; and

c. Clearly state whether the quoter can meet the required period of performance. Vendors who cannot meet the required period of performance will not be considered technically acceptable.

PREPARATION OF THE RESPONSE TO THE SOLICITAITON FOR COMMERCIAL ITEMS. Quotes submitted shall include the following:

(a) Technical Quote to include quoted period of performance time

(b) Price/Quote

(c) Vendors must complete and return DFARS 252.209-7992 Deviation and return with their quote package. DFARS 252.209-7992 is incorporate by FULL TEXT in this solicitation, under the Clause and Provision section.

SUBMISSION OF QUOTES: Quotes related to this RFQ shall be received by the Contracting Department within the date and time specified in Block 8 on the first page of this solicitation, to be considered for award. The information submitted shall be clear and legible. Quotes may be submitted via email to jean.wagnac@usmc.mil; via facsimile to 910-451-2332 Attn: Jean Wagnac; or via courier to Contracting Department, Bldg 1116, Camp Lejeune, NC 28542. Submitted quotes must reflect Technical and Price as described in this Request for Quote. It is solely the Contractor’s responsibility to ensure proposals are received within the required timeframe.

STATEMENT OF WORK

1.0 SCOPE

1.1 The contractor will provide animal shelter services to domestic animals delivered by Animal Control Officers of Marine Corps Base, Camp Lejeune.

1.2 The contractor will ensure humane care, adoption program, spay/neuter of adopted animals, medical care, euthanasia and disposal of animals not adopted.

1.3 Animals delivered to the contractor by Marine Corps base residents and military personnel living off-base will not be covered under this contract.

2.0 APPLICABLE REGULATIONS. All services provided shall be in compliance with the following regulations:

2.1 Code of Federal Regulations, Title 9, Chapter 1, Part 3.1-3.11

2.2 State and county statutes pertaining to operation of an animal shelter/adoption facility.

3.0 PERIOD OF PERFORMANCE

3.1 This contract is for the base period beginning October 1, 2014 and ending September 30, 2015. This contract also includes four (4) option years.

3.2 Monthly service periods begin the first day of the month and end the last day of the month.

4.0 PLACE OF PERFORMANCE

4.1 All animal shelter operations will be performed at the contractor’s site.

5.0 SECURITY CLEARANCE

5.1 No security clearance is required.

6.0 POINT OF CONTACT

6.1 The point of contact will be listed on the award.

7.0 HOURS OF OPERATION AND OBSERVED HOLIDAYS

7.1 The animal shelter shall accept animals from the Base Animal Control Office, with prior notification, during working hours.

7.2 The Contractor shall provide 24 hour-a-day, 7 day-a-week drop off capability for the Camp Lejeune animal control or law enforcement personnel via a designated exterior drop off point.

7.3 Other mutually agreed upon days between the contract administrator and the contractor during the period of performance, to include holidays.

7.4 When a holiday falls on a Saturday, the preceding Friday will be observed as the legal holiday.

7.5 When the holiday falls on a Sunday, the following Monday will be observed as the legal holiday.

8.0 DUTIES AND RESPONSIBILITIES

8.1 Government Activity Representative.

8.1.1 Animal Control Officers for Marine Corps Base Camp Lejeune will deliver domestic animals to the contractor site for animal shelter services listed in paragraph 1.2. Animals brought to the shelter by Animal Control Officers are the only animals chargeable against this contract.

8.1.2 Residents of base housing and military personnel living off base will be charged the standard county fee to drop off animals at the shelter.

8.1.3 Perform surveillance and inspection of services required under this contract; determines adequacy of contractor performance per contract specifications; acts as the government’s representative at the work site; ensures compliance with contract requirements; and advises the Contract Administrator of any factors that may cause problems pertaining to the contract. The government activity representative cannot authorize deviations from contract requirements. The position title and telephone number of the government activity representative is Operations Chief, SES Operations, 910-451-0146.

8.1.4 When performance does not meet the specifications and requirements of this contract, written (letter, fax, or email) documentation will be furnished explaining how performance is considered unacceptable. This documentation should state what specification(s) is not being performed (reference contract paragraph number(s), date and time observed) and submit to the CONTRACTING OFFICER within two (2) work days of each occurrence.

8.2 Contractor.

8.2.1 The contractor shall provide continuous, sanitary water supply to all animals, once per day feeding and clean up duties 3 times per day for dogs and 1 time per day for cats.

8.2.2 Fresh litter shall be supplied daily for cats.

8.2.3 Veterinary treatment shall be provided to animals that are sick or diseased.

8.2.4 Animals shall be maintained in a safe, humane, sanitary environment for at least five days prior to determination of euthanasia.

8.2.5 Euthanasia shall be administered by qualified veterinarians or veterinarian technicians.

8.2.6 The contractor shall provide a disposal service for euthanized animals that is in compliance with federal, state and county regulations.

8.2.7 No animals will be donated to medical testing facilities or laboratories by the contractor.

8.2.8 The contractor will not adopt animals to any individual or business that deals in buying or selling laboratory animals.

8.2.9 The animals shall be kept in a well ventilated, climate controlled environment during their stay at the facility.

8.2.10 The contractor’s animal shelter facility shall be within a 60 mile radius of Camp Lejeune, NC.

8.2.11 The contractor shall provide a monthly report of animals accepted at the shelter. The report shall separately list (1) number and type of animals turned in by Base Animal Control Officer; (2) number adopted/redeemed; (3) number euthanized; and (4) a listing of other animals turned in that do not fall into the previous three categories. This report will be used to verify services.

9.0 CONTRACTOR FURNISHED ITEMS AND SERVICES

9.1 Except those items or services specifically stated to be Government furnished, the Contractor shall furnish everything required to perform services as defined in this contract.

9.2 The Government will not be responsible for the Contractor's personal supplies, equipment, materials, or belongings brought into the buildings or on the grounds to perform services. This includes items such as loss or damage caused by fire, theft, tornado, hurricane, accident or other disaster.

9.3 The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

10.0 UNACCEPTABLE PERFORMANCE.

10.1 When performance does not meet the specifications and requirements of this contract, written (letter, fax, or email) documentation will be furnished explaining how performance is considered unacceptable. This documentation should state what specification(s) is not being performed (reference contract paragraph number(s), date and time observed) and submit to the CONTRACTING OFFICER within two (2) work days of each occurrence.

NMCARS 5237.102

5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

(a) DoD contracting activities awarding or administering contracts shall incorporate the following Enterprise-wide Contractor Manpower Reporting Application (ECMRA) standard language into all contracts which include services, provided the organization that is receiving or benefiting from the contracted service is a Department of Defense organization, including reimbursable appropriated funding sources from non-DoD executive agencies where the Defense Component requiring activity is the executive agent for the function performed. The reporting requirement does not apply to situations where a Defense Component is merely a contracting agent for another executive agency. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY.

(b)The standard language to be inserted is:

“The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Marine Corps Base Camp Lejeune via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; (5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

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

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2016

ANALEE F. HANCOCK

SES WAREHOUSE; 1201 CENTER ROAD; BLDG: 58;

OPS

CAMP LEJEUNE NORTH CAROLINA 28542

MMP100

30-SEP-2017

MMP100

30-SEP-2018

MMP100

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far and http://www.acq.osd.mil/dpap/dfar/index.html (End of provision)

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://www.acquisition.gov/far and http://www.acq.osd.mil/dpap/dfar/index.html (End of clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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) (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: (Contracting Officer check as appropriate.)

___ (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).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (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 (July 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.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (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 (OCT 2014) 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—Subcon-tracting 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. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (July 2013) (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 (JAN 2014) (E.O. 3126).

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

__X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).

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

__X__ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 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.)

____ (35)(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.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-13.

____ (37)(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.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

__X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

____(42) (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.

____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (44) 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).

____ (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. 2302 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. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (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: (Contracting Officer check as appropriate.)

_____(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).

_____ (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).

_____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 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, 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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

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

(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 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).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

52.217-9 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 3 Years.

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (AUG 2015)

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

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Contractor information system means an information system belonging to, or operated by or for, the Contractor.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical

Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified information that--

(i) Is--

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or disseminationcontrols pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

Cyber incident means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapid(ly) report(ing) means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall--

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum--

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government--

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause--

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO prior to contract award; and

(2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/certificate.html.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32CFR 236); or

(5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic…